Kerala High Court
Sheela M.R vs The State Of Kerala on 31 May, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
TUESDAY, THE 31ST DAY OF MAY 2022 / 10TH JYAISHTA, 1944
WP(C) NO. 17612 OF 2022
PETITIONER/S:
1 SHEELA M.R.
AGED 56 YEARS
WIFE OF G.GOPINATHAN PILLAI, VOCATIONAL INSTRUCTOR IN
OFFICE SECRETARYSHIP (OS), K R K P M VHSS, KADAPANADU,
KADAMPANADU SOUTH P.O., PATHANAMTHITTA - 691 533.
(RESIDING AT KALEEKAL VEEDU, CHATHAKULAM P.O.,
PORUVAZHI, KOLLAM - 690 520).
2 SHALU JOHN
AGED 51 YEARS
SON OF Y.JOHN, VOCATIONAL INSTRUCTOR IN MAINTENANCE AND
OPERATION OF BIO MEDICAL EQUIPMENTS (MOBME)
ST.GEORGE'S VHSS, CHOWALLOOR, EDAIKKADOM P.O.,
KOLLAM - 691 505 (GENERAL SECRETARY, ALL KERALA
VOCATONAL HIGHER SECONDARY VOCATIONAL INSTRUCTORS
ASSOCIATION (AKVHSVIA) REG.NO.(3/1997).
BY ADVS.
V.A.MUHAMMED
M.SAJJAD
RESPONDENT/S:
1 THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL
EDUCATION DEPARTMENT, SECRETARIAT ANNEXE II,
THIRUVANANTHAPURAM - 695 001.
2 THE DIRECTOR OF GENERAL EDUCATION
(VHSE WING), HOUSING BOARD BUILDING, SANTHI NAGAR,
THIRUVANANTHAPURAM - 695 001.
3 THE ASSISTANT DIRECTOR
VHSE, REGIONAL OFFICER, CHENGANNUR,
ALAPPUZHA DISTRICT - 689 121.
WP(C) NO. 17612 OF 2022 2
4 THE PRINCIPAL
K R K P M VHSS, KADAMPANADU, KADAPANADU SOUTH P.O.,
PATHANAMTHITTA - 691 553.
5 THE PRINCIPAL
ST.GEORGE'S VHSS, CHOWALLOOR, EDAIKKADOM P.O.,
KOLLAM -691 505.
6 THE ASSISTANT DIRECTOR, REGIONAL OFFICE, VHSE,
KADAPPAKADA, KOLAM - 691 008.
SRI SUNIL KUMAR, SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 17612 OF 2022 3
JUDGMENT
The petitioners who are working as Vocational Instructors
in the respected aided Vocational Higher Secondary Schools
have approached this Court being aggrieved by Exts.P15 and
P16 orders as per which, the benefit claimed by the petitioners
under Rule 60 C Part I of the KSR, which entitles the teaching
staff of all aided educational institutions to continue in service
till the last day of the month in which the academic year ends
was denied to the petitioners herein. It is submitted that being
aggrieved, the petitioners herein have preferred Exts.P17 to P19
before the 1st respondent, which is stated to be pending.
Though various other reliefs were claimed, the learned counsel
submits that the petitioners would be satisfied if Exts.P17 to P19
are directed to be considered adverting to Exts.P3 to P11.
2. Heard Sri.M.Sajjad, the learned counsel appearing for
the petitioner and Sri.Sunil Kumar Kuriakose, the learned
Government Pleader. In view of the nature of the order that I
propose to pass, notice to the respondents 4 and 5 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:
a) There will be a direction to the 1st respondent to
take up, consider and pass appropriate orders on
Exts.P17 to P19 in the light of Exts.P3 to P11, after
affording an opportunity of being heard, either
physically or virtually, to the petitioners herein or
their authorised representative.
b) Orders, as directed above, shall be passed
expeditiously, in any event, within a period of three
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,
sru JUDGE
APPENDIX OF WP(C) 17612/2022
PETITIONER'S EXHIBITS:
Exhibit P1 TRUE COPY OF THE ORDER NO. V/1383/95 DATED
09.09.1996, OF THE ASSISTANT DIRECTOR OF
VOCATIONAL HIGHER SECONDARY EDUCATION
APPROVING THE APPOINTMENT OF THE 1ST
PETITIONER AS PART TIME INSTRUCTOR.
Exhibit P1A TRUE COPY OF THE ORDER NO. B/570/97 DATED
04.03.1997 OF THE REGIONAL OFFICE OF
VOCATIONAL HIGHER SECONDARY EDUCATION,
CHENGANNUR APPROVING THE APPOINTMENT OF THE
1ST PETITIONER REDESIGNATED AS VOCATIONAL
INSTRUCTOR ALONG WITH TYPED COPY.
Exhibit P2 TRUE COPY OF THE ORDER NO. L1-12/03 DATED
23.09.04 OF THE ASSISTANT DIRECTOR OF
VOCATIONAL HIGHER SECONDARY EDUCATION,
REGIONAL OFFICE, KOLLAM REGULARIZING THE
SERVICE OF THE 2ND PETITIONER AS PART TIME
INSTRUCTOR AND REDESIGNATED AS VOCATIONAL
INSTRUCTOR.
Exhibit P3 TRUE COPY OF THE LETTER NO. DO NO. F.2-
4/95-VE.II DATED 06.03.1996 ISSUED BY THE
MINISTRY OF HUMAN RESOURCES DEVELOPMENT,
DEPARTMENT OF EDUCATION.
Exhibit P4 TRUE COPY OF THE G.O(MS)NO. 53/91/G.EDN
DATED 30.03.1991.
Exhibit P5 TRUE COPY OF THE G.O(MS)NO. 13/97/G.EDN
DATED 13.01.1997.
Exhibit P6 TRUE COPY OF THE G.O(MS) NO. 401/98/G.EDN
DATED 15.10.1998.
Exhibit P7 TRUE COPY OF THE G.O(MS) NO. 159/93/G.EDN
DATED 07.10.1993.
Exhibit P8 TRUE COPY OF THE G.O(MS) NO. 163/1992/G.EDN
DATED 03.09.1992.
Exhibit P9 TRUE COPY OF THE GO(MS) NO. 285/2001/G.EDN
DATED 17.07.2001.
Exhibit P9A TRUE COPY OF THE G.O(RT) NO.
3510/2002/G.EDN DATED 08.10.2002.
Exhibit P10 TRUE COPY OF THE G.O(P)NO. 81/2004/G.EDN
DATED 12.03.2004.
Exhibit P10A TRUE COPY OF THE G.O(MS)NO. 123/07/G.EDN
DATED 23.06.2007.
Exhibit P11 TRUE COPY OF THE G.O(RT) NO.
2861/1997/G.EDN. DATED 19.08.1997.
Exhibit P12 TRUE COPY OF THE RELEVANT PAGES OF PENSION
PAYMENT ORDER VIDE APPLICATION NO.
1019456908 DATED 02.09.2019 OF SRI. SHAJAN
MATHEW.
Exhibit P13 TRUE COPY OF THE RELEVANT PAGES OF
PARTICULARS OF SERVICE OF THE
PENSIONER/DECEASED GOVERNMENT SERVANT OF
THE SMT. PRASANNA KUMARI P.A.
Exhibit P14 TRUE COPY OF THE RELEVANT PAGE OF
PARTICULARS OF SERVICE OF THE
PENSIONER/DECEASED GOVERNMENT SERVANT OF
THE JOYCE LOPEZ.
Exhibit P15 TRUE COPY OF THE LETTER NO. E5/6190/2021
DATED 29.11.2021 OF THE DIRECTOR ADDRESSING
THE ASSISTANT DIRECTOR, VHSE.
Exhibit P16 TRUE COPY OF THE LETTER NO. E3/1367/2021
DATED 04.12.2021 OF THE ASSISTANT DIRECTOR
ADDRESSING PRINCIPAL, GMVHSS,
THIRUVALATHUR.
Exhibit P17 TRUE COPY OF THE REPRESENTATION SUBMITTED
BY THE 1ST PETITIONER DATED 26.02.2022
BEFORE THE GOVERNMENT (WITHOUT EXHIBIT).
Exhibit P18 TRUE COPY OF THE REPRESENTATION SUBMITTED
BY THE 2ND PETITIONER DATED 26.02.2022
BEFORE THE GOVERNMENT (WITHOUT EXHIBIT).
Exhibit P19 TRUE COPY OF THE REPRESENTATION SUBMITTED
BY THE AKVHSVIA DATED 14.02.2022 BEFORE THE
GOVERNMENT.
RESPONDENTS EXHIBITS : NIL
