Ancy Aliyar vs State Of Kerala
2022 Latest Caselaw 7990 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
       THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
   WEDNESDAY, THE 29TH DAY OF JUNE 2022 / 8TH ASHADHA, 1944

                    WP(C) NO. 3826 OF 2022

PETITIONER/S:

    1      ANCY ALIYAR,
           AGED 38 YEARS
           W/O. SIGIMON P.M.,
           RESIDING AT PULIKKAYATH HOUSE,
           THURUTH, ALUVA, ERNAKULAM DISTRICT-683101.

    2      MYMOONATH K.M.,
           RESIDING AT PUTHUKKUDY HOUSE,
           VENGOLA P.O., ARAKKAPPADY,
           ERNAKULAM DISTRICT-683551.

           BY ADVS.
           V.A.MUHAMMED
           M.SAJJAD

RESPONDENT/S:

    1      STATE OF KERALA,
           REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
           GENERAL EDUCATION DEPARTMENT,
           SECRETARIAT ANNEXE-II, THIRUVANANTHAPURAM-695001.

    2      THE DIRECTOR OF GENERAL EDUCATION,
           JAGATHY, THIRUVANANTHAPURAM-695014.

    3      THE DEPUTY DIRECTOR OF EDUCATION,
           ERNAKULAM AT KAKKANAD-682030.

    4      THE ASSISTANT EDUCATIONAL OFFICER,
           ALUVA, ERNAKULAM DISTRICT-683101.

    5      THE MANAGER,
           DARUSALAM LOWERPRIMARY SCHOOL,
           THRIKKAKARA, ERNAKULAM DISTRICT-682021.

    6      THE HEADMASTER,
           DARUSSALAM LOWER PRIMARY SCHOOL,
 WP(C) NO. 3826 OF 2022

                              2


           THRIKKAKARA, ERNAKULAM DISTRICT-682021.

           SMT NISHA BOSE SR GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 29.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) NO. 3826 OF 2022

                                       3




                                    JUDGMENT

The petitioners contend that they were appointed against additional

anticipated vacancies in the Darussalam Lower Primary school, Thrikkakkara.

They contend that they are entitled to be included in the Teacher's Bank and

therefore entitled to protection and deployment. In the said circumstances,

they have preferred Exhibits P8 and P9 representations before the DDE, which

have been rejected. Being aggrieved, they have preferred Exhibits P11 and

P12 revision petitions before the Government. Prayer in this writ petition is for

issuance of directions to consider Exhibits P11 and P12 revision petitions

adverting to Exhibits P13, P14, and P15 Government orders.

2. I have heard Sri. M. Sajjad, the learned counsel appearing for the

petitioner and Smt. Nisha Bose, the learned Senior Government Pleader. In

the nature of the order that I propose to pass, notice to the 5th respondent is

dispensed with.

3. After having carefully evaluated the contentions raised in this writ

petition, the submissions made across the Bar, and the facts and

circumstances, I am of the view that this writ petition can be disposed of by

issuing the following directions:

WP(C) NO. 3826 OF 2022

a) There will be a direction to the 1st respondent to take up,

consider and pass appropriate orders on Exts. P11 and P12

adverting to Exhibits P13 to P15, after affording an

opportunity of being heard, either physically or virtually, to

the petitioners herein or their authorised representatives and

the 5th respondent.

b) Orders, as directed above, shall be passed expeditiously, in

any event, within a period of two months from the date of

production of a copy of this judgment.

c) It would be open to the petitioners to produce a copy of the

writ petition along with the judgment before the concerned

respondent for further action.

This writ petition is disposed of.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE

avs WP(C) NO. 3826 OF 2022

APPENDIX OF WP(C) 3826/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE 1ST PETITIONER DATED 22/06/2006.

Exhibit P2 TRUE COPY OF THE APPOINTMENT ORDER OF THE 2ND PETITIONER DATED 04/06/2007.

Exhibit P3 TRUE COPY OF THE GO(RT) NO. 1829/2020/G.EDN. DATED 04/06/2020.

Exhibit P4 TRUE COPY OF THE ORDER NO. D/9496/2021 DATED 25/06/2021 OF THE AEO, ALUVA.

Exhibit P5 TRUE COPY OF THE ORDER NO. D/10876/2021 DATED 25/06/2021 OF THE AEO, ALUVA.

Exhibit P6 TRUE COPY OF THE GO(P) NO.1969/2011/G.EDN. DATED 01/10/2011.

Exhibit P7 TRUE COPY OF THE GO(P) NO.29/16*/G.EDN. DATED 29/01/2016.

Exhibit P8 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 2ND PETITIONER BEFORE THE DDE, ERNAKULAM DATED 10/08/2021.

Exhibit P9 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER BEFORE THE DDE, ERNAKULAM DATED 10/08/2021.

Exhibit P10 TRUE COPY OF ORDER NO. B5/15680/2021/DDE DATED 15/12/2021 OF THE DEPUTY DIRECTOR OF EDUCATION, ERNAKULAM.

Exhibit P11 TRUE COPY OF THE REVISION PETITION SUBMITTED BY THE 1ST PETITIONER BEFORE THE GOVERNMENT DATED 24/12/2021.

Exhibit P12 TRUE COPY OF THE REVISION PETITION SUBMITTED BY THE 2ND PETITIONER BEFORE THE GOVERNMENT DATED WP(C) NO. 3826 OF 2022

24/12/2021.

Exhibit P13 TRUE COPY OF THE GO(RT) NO.692/2021/G.EDN. DATED 25/01/2021.

Exhibit P14 TRUE COPY OF THE GO(RT) NO.5119/2019/G.EDN. DATED 26/11/2019.

Exhibit P15 TRUE COPY OF THE GO(RT) NO.5458/2021/G.EDN. DATED 28/11/2021.