Kerala High Court
Padmini Amma vs Gangadharan Pillai on 17 March, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHIRCY V.
Thursday, the 17th day of March 2022 / 26th Phalguna, 1943
IA.NO.1/2022 IN RSA NO. 499 OF 2015
AS 61/2008 OF SUB COURT,KOTTARAKKARA
OS.261/2006 OF MUNSIFF COURT,KOTTARAKKARA.
PETITIONERS/RESPONDENTS 1 & 2:
1. GANGADHARAN PILLAI,AGED 61 YEARS, S/O. PARAMESWARAN PILLAI, RESIDING AT VAISAKH
BHAVAN (G.S. BHAVAN), POREDOM P.O.,CHADAYAMANGALAM.
2. VIJAYAN PILLAI,AGED 51 YEARS, S/O. PARAMESWARAN PILLAI,KUNDAYATHU MANGALATHU
VEEDU, POREDOM MURI, CHADAYAMANGALAM VILLAGE, PIN- 691 534.
RESPONDENTS/APPELLANTS:
1. PADMINI AMMA, D/O. GOWRI AMMA,AGED 77,PUTHEN VEEDU, POREDOM MURI,
CHADAYAMANGALAM VILLAGE, PIN- 691 534.
2. PONNAMMA, D/O. GOWRI AMMA,AGED 75, 'KAILASAM', CHADAYAMANGALAM MURI,
CHADAYAMANGALAM VILLAGE, PIN- 691 534.
3. CHANDRASEKHARAN PILLAI, S/O. PARAMESWARAN PILLAI, AGED 69,KUZHIVELIL VEEDU,
POREDOM MURI, CHADAYAMANGALAM VILLAGE, PIN- 691 534.
4. INDIRA AMMA, D/O. GOWRI AMMA, AGED 65,RAJI NIVAS, PULIYOORKONAM, MADAVOOR MURI,
CHADAYAMANGALAM VILLAGE, PIN- 691 534.
5. ANIL KUMAR J.S., S/O.SARASAMMA, AGED 50, POLIKAVILA VEEDU, POREDOM P.O.,
CHADAYAMANGALAM VILLAGE, KOTTARAKKARA, KOLLAM-691 534.
6. AJAYKUMAR J.S., S/O.SARASAMMA, AGED 48, POLIKAVILA VEEDU, POREDOM P.O.,
CHADAYAMANGALAM VILLAGE, KOTTARAKKARA, KOLLAM-691 534.
7. ARUNKUMAR J.S., S/O.SARASAMMA, AGED 43, POLIKAVILA VEEDU, POREDOM P.O.,
CHADAYAMANGALAM VILLAGE, KOTTARAKKARA, KOLLAM-691 534.
Application praying that in the circumstances stated in the affidavit filed therewith the High
Court be pleased to grant permission to appoint a language teacher in the leave vacancy due to the
maternity leave of Smt.Sumayya Beegum T.S. on daily wage basis in SSVNSS LPS,Poredam.
This Application coming on for orders upon perusing the application and the affidavit filed in
support thereof and this courts order dated 4/08/2021 in IA 1/2021, and upon hearing the arguments
of M/S.PARVATHY NAIR,A.R.DILEEP,GEORGE VARGHESE PERUMPALLIKUTTIYIL,MANU
SEBASTIAN,Advocates for the petitioners in IA/R1 and R2 in RSA and of SRI.S.V.BALAKRISHNA IYER,
Senior Advocate along with SRI.P.B.KRISHNAN, SRI.P.M.NEELAKANDAN, SRI.S.NITHIN ANCHAL,
SRI.SABU GEORGE, SRI.P.B.SUBRAMANYAN, Advocates for the Respondents in IA/Appellants in RSA,
the court passed the following:
SHIRCY V, J .
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I.A. No. 1 of 2022 in
R.S.A. No. 499 of 2015
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Dated this the 17th day of March, 2022
ORDER
Respondents 1 and 2 in the appeal have filed this
application for permission to appoint a language teacher in
SSVNSS LPS, Poredam in the leave vacancy of Smt. Sumayya
Beegum T.S. on daily wage basis.
2. The same is opposed by the respondents/appellants.
An affidavit has been filed by the 3rd respondent contending
that the respondents are kept in dark about the day to day
administration of the School and he has not been consulted in
the capacity as one of the Receivers of the School.
3. Heard both sides.
4. The suit was one filed for declaration to the effect
that Settlement Deed No. 2413/06 is void ab initio. The suit
was decreed. Though challenged in appeal, the judgment and
decree were confirmed. The Second Appeal is filed challenging
the said judgment and decree.
5. Now the case of the petitioners is that Smt.
Sumayya Beegum T.S., the Arabic teacher is on maternity
I.A.1/2022 in RSA.499/2015
leave and due to her absence, there is no one to teach the
language to cater to the needs of the students. The portions
have not been covered so far and as the academic year will be
over by 31.03.2022, a teacher has to be appointed in the
leave vacancy. Otherwise the students will suffer. Hence the
application.
6. The Arabic teacher has been granted maternity
leave since 27.01.2022 till 25.07.2022. Since the academic
year will be over by 31.03.2022, the entire portion left back
has to be covered, in the interests of the students attending
her class. As she is an Arabic teacher, no doubt any other
teacher in service will not be able to lead the Arabic classes.
Hence, the request appears to be genuine and inevitable for
the welfare of the students.
Therefore, this petition is allowed as prayed for. The
petitioners are permitted to appoint an Arabic teacher on daily
wage basis in the post lying vacant due to the maternity leave
of Smt. Sumayya Beegum T.S.
Sd/-
SHIRCY V.
JUDGE
sb
17-03-2022 /True Copy/ Assistant Registrar
