Kerala High Court
Anila Samuel.K vs State Of Kerala on 13 April, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 13TH DAY OF APRIL 2023 / 23RD CHAITHRA, 1945
WP(C) NO. 13420 OF 2023
PETITIONER/S:
ANILA SAMUEL.K, AGED 52 YEARS
W/O MATHEW VARGHESE, HEADMISTRESS, AMM HSS,
EDAYARANMULA, PATHANAMTHITTA (RESIDING AT KOMATTU
VALIYA KALAYIL, KURUNGAZHA P.O., PULLAD,
PATHANATHITTA - 689 548 ), PIN - 689532
BY ADVS.
M.SAJJAD
P.A.JENZIA
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT
GENERAL EDUCATION DEPARTMENT, SECRETARIAT, ANNEXE
II THIRUVANANTHAPURAM, PIN - 695001
2 THE DIRECTOR OF GENERAL EDUCATION,
(HIGHER SECONDARY WING ), HOUSING BOARD BUILDING,
SANTHI NAGAR, THIRUVANANTHAPURAM, PIN - 695001
3 THE DEPUTY DIRECTOR OF EDUCATION
PATHANAMTHITTA, PIN - 689645
4 THE DISTRICT EDUCATIONAL OFFICER,
THIRUVALLA, PATHANAMTHITTA, PIN - 689101
5 THE MANAGER,
AMM HSS, EDAYARANMULA, PATHANAMTHITTA, PIN -
689532
OTHER PRESENT:
SMT.SURYA BINOY, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 13.04.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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W.P.(C). No. 13420 of 2023
P.V.KUNHIKRISHNAN, J.
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W.P.(C) No. 13420 of 2023
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Dated this the 13th day of April, 2023
JUDGMENT
The above writ petition is filed with following prayers:
"(i) call for the records relating to Exhibits P-2, P3 and
P-4 and set aside the originals of the same by the issue of
a writ of certiorari or other appropriate writ or order.
(ii) call for the records relating to Exhibit P-12 and set
aside the original of the same by the issue of a writ of
certiorari or other appropriate writ or order.
(iii) issue a writ of mandamus or other appropriate writ
order or direction commanding the 4th Respondent to
allow the Petitioner to continue as Drawing and
Disbursing Officer as provided vide Exhibits P-10 and P-
11.
(iv) declare that the Petitioner is entitled to get approval
to Exhibit P-1 in the light of Exhibits P-6 and P-7.
(v) issue a writ of mandamus or other appropriate writ
order or direction commanding the 4th Respondent to
approve Exhibit P-1 appointment of the Petitioner.
(vi) issue a writ of mandamus or other appropriate writ
order or direction commanding the 1st Respondent to take
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W.P.(C). No. 13420 of 2023
a decision on Exhibit P-5 with notice to the Petitioner in
a time bound manner adverting to Exhibits P-6 to P-9.
(vii) issue a writ of mandamus or other appropriate writ
order or direction commanding the Respondents to allow
the Petitioner to continue as HM also Drawing and
Disbursing Officer (DDO), pending disposal of Exhibit
P-5.
(viii) to dispense with filing of English translation of
vernacular documents produced along with the Writ
Petition.
(ix) pass such other order or direction which this Hon'ble
Court may deem fit and proper to grant in the
circumstances of the case." (sic)
2. When this writ petition came up for consideration, the
counsel for the petitioner submitted that the petitioner already
approached the 1st respondent with Ext.P5 revision. In the
meanwhile, Ext.P12 communication is issued by the 4th
respondent directing the manager to appoint a qualified HM. It is
the case of the petitioner that the petitioner is now working as the
Drawing and Disbursing Officer and in view of Ext.P12, the
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W.P.(C). No. 13420 of 2023
teachers in the school are not get salary from February 2023
onwards.
3. Heard the Government Pleader also.
4. After hearing both sides, I think this writ petition itself
can be disposed of directing the 1st respondent to consider Ext.P5
and in the meanwhile, the petitioner can be allowed to continue as
the Drawing and Disbursing Officer, so that the teachers will get
salary.
Therefore, this writ petition is disposed of in the following
manner:
1. The 1st respondent is directed to consider and pass
appropriate orders in Ext.P5, as expeditiously as
possible, at any rate within four months from the date of
receipt of a stamped certified copy of this judgment,
with notice to the petitioner and the 5th respondent.
2. While considering Ext.P5, the 1st respondent will also
advert Ext.P7 judgment.
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W.P.(C). No. 13420 of 2023
3. Till final orders are passed in Ext.P5, the petitioner
will be allowed to continue as Drawing and Disbursing
Officer in AMM HSS, Edayaranmula and the
educational authorities shall see that the salary to the
teachers in the school are disbursed from February 2023
onwards.
4. The petitioner will produce a stamped certified copy
of this judgment together with a copy of this writ
petition before the 1st respondent for compliance.
sd/-
P.V.KUNHIKRISHNAN
JUDGE
das
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W.P.(C). No. 13420 of 2023
APPENDIX OF WP(C) 13420/2023
PETITIONER EXHIBITS
Exhibit P-1 TRUE COPY OF THE APPOINTMENT ORDER OF
THE PETITIONER DATED 01.04.2022
Exhibit P-2 TRUE COPY OF THE ORDER OF DEO,
THIRUVALLA VIDE ORDER NO. B1/34739/2022
DATED 31.05.2022
Exhibit P-3 TRUE COPY OF THE ORDER OF THE DDE,
PATHANAMTHITTA VIDE ORDER NO.
B3/217670/2022 DATED 02.08.2022
Exhibit P-4 TRUE COPY OF THE ORDER OF THE DIRECTOR
VIDE ORDER NO. ETS/238033/2022 DATED
14.02.2023
Exhibit P-5 TRUE COPY OF THE REVISION PETITION
SUBMITTED BY THE PETITIONER BEFORE THE
GOVERNMENT DATED 06.03.2023
Exhibit P-6 TRUE COPY OF THE ELIGIBILITY
CERTIFICATE OF ISSUED BY UNIVERSITY OF
KERALA DATED 18.03.2022
Exhibit P-7 TRUE COPY OF JUDGMENT IN W.P(C) NO.
21821/2022 DATED 01.03.2023
Exhibit P-8 TRUE COPY OF THE SENIORITY LIST OF
TEACHERS AND STAFF BELONGING TO UPPER
PRIMARY/SECONDARY SCHOOL DATED
01.01.2021
Exhibit P-9 TRUE COPY OF THE STATEMENT OF
RELINQUISHMENT DATED 18.03.2022
Exhibit P-10 TRUE COPY OF THE ORDER ISSUED BY DEO,
THIRUVALLA VIDE ORDER NO. B1/2471/L.DIS
DATED 19.05.2022
Exhibit P-11 TRUE COPY OF THE ORDER OF DEO,
THIRUVALLA VIDE ORDER NO. B1/4195/2022.
L.DIS DATED 21.10.2022
Exhibit P-12 TRUE COPY OF THE COMMUNICATION IN THAT
BEHALF VIDE LETTER NO. B1/6887/2021
DATED 14.03.2023
