Susan P. Skaria vs State Of Kerala
2023 Latest Caselaw 4993 Ker

WP(C) NO. 13775 OF 2023              1



              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. 13775 OF 2023
PETITIONER/S:
    1     SUSAN P. SKARIA
          AGED 52 YEARS
          W/O. ROY CHACKO, NOW WORKING AS HSST (CHEMISTRY),
          MAR ELIAS HIGHER SECONDARY SCHOOL, KOTTAPPADY,
          ERNAKULAM DISTRICT, PIN - 686692

      2       DHANYA RADHAKRISHNAN
              AGED 48 YEARS
              W/O. K.R. JAYASANKAR, NOW WORKING AS HSST
              (PHYSICS), MAR ELIAS HIGHER SECONDARY SCHOOL,
              KOTTAPPADY, ERNAKULAM DISTRICT, PIN - 686692

              BY ADV PAULSON THOMAS


RESPONDENT/S:
    1     STATE OF KERALA
          REPRESENTED BY THE SECRETARY TO GOVERNMENT,
          GENERAL EDUCATION DEPARTMENT, GOVERNMENT
          SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001


      2       THE DIRECTOR OF GENERAL EDUCATION
              GENERAL EDUCATION DEPARTMENT, GOVERNMENT OF
              KERALA, JAGATHY, THIRUVANANTHAPURAM, PIN - 695005


      3       REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY
              EDUCATION
              OFFICE OF THE REGIONAL DEPUTY DIRECTOR,
              ERNAKULAM, PIN - 682024


      4       MANAGER
              MAR ELIAS HIGHER SECONDARY SCHOOL, KOTTAPPADY,
              ERNAKULAM DISTRICT, PIN - 686692
 WP(C) NO. 13775 OF 2023                  2


              SMT.NISHA BOSE, SR.GP

       THIS      WRIT       PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION       ON        13.04.2023,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 13775 OF 2023                    3




                     P.V.KUNHIKRISHNAN, J
                 ---------------------------------------
                   W.P.(C) No. 13775 of 2023
                  --------------------------------------
              Dated this the 13th day of April, 2023



                                   JUDGMENT

The above writ petition is filed with following prayers :

"i. declare that petitioners are entitled to the same treatment as given to the petitioners on Exhibit-P7 judgment in the matter of approval of appointment restricted in Exhibit-P5 government order. ii. Issue appropriate directions directing the 2nd respondent to grant approval to the petitioners appointment as HSST, on notional basis during 1999-2000 taking into account the actual students strength Including that of additional batch sanctioned by Exhibit-P5 Government order.

iii. direct the 1st respondent to consider and pass orders on Exhibit-P10 and P11 representations of petitioners 1 and 2 respectively within a time limit prescribed by this Hon'ble Court.

iv. dispense with filing of the translation of vernacular documents.

v. Issue any other writ, order or direction as deemed fit by this Honourable court." [SIC]

2. When this writ petition came up for consideration,

the learned counsel appearing for the petitioners submitted

that there may be a direction to the 1st respondent to

consider Exts.P10 and P11 within a time frame. The

Government Pleader on the other hand submitted that there

is delay in claiming benefit from 1999 onwards and it will

affect the rights of other teachers. I do not want to make

any observation about the same. The 1st respondent will

consider Exts.P10 and P11 within a time frame with notice

to the petitioners and other affected parties, if any. While

deciding the matter, the 1st respondent will also consider

the applicability of Ext.P7 judgment.

Therefore, this writ petition is disposed of with the

following directions :

1) The 1st respondent is directed to consider and

pass appropriate orders in Exts.P10 and P11 with notice to

the petitioners and affected parties, as expeditiously as

possible, at any rate, within four months from the date of

receipt of a stamped certified copy of this judgment .

2) While considering Exts. P10 and P11, the 1 st

respondent will also consider the applicability of Ext.P7

judgment.

3) The petitioners will produce a stamped certified

copy of this judgment along with copy of this writ petition

before the 1st respondent for compliance.

sd/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF WP(C) 13775/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE COMMON APPROVAL ORDER NO. C2/3039/HSE/99 DATED 21-06-1999 OF THE PETITIONERS AS HSST (JR.)/PT W.E.F. 24-08-1998

Exhibit P2 TRUE COPY OF THE RELEVANT PORTION OF THE APPROVAL ORDER NO. ACD.A1/16038/HSE/2001 DATED 18-08-2002 GRANTING APPROVAL AS HSST W.E.F. 15-07-2000.

Exhibit P3 TRUE COPY OF THE STAFF FIXATION ORDER FOR THE YEAR 1999-2000

Exhibit P4 TRUE COPY OF THE STAFF FIXATION ORDER FOR THE YEAR 2000-2001

Exhibit P5 TRUE COPY OF G.O.(MS)NO. 132/ 1999/G.EDN. DATED 11-06-1999

Exhibit P6 TRUE COPY OF G.O.(MS)NO. 261/ 2001/G.EDN. DATED 17-08-2001

Exhibit P7 TRUE COPY OF THE JUDGMENT IN W.P.(C)NO.

40409/2003 DATED 02-02-2012

Exhibit P8 TRUE COPY OF THE G.O.(MS)NO.

124/2012/G.EDN. DATED 19-04-2012

Exhibit P9 TRUE COPY OF THE JUDGMENT IN W.P.(C)NO.

42416/2018 DATED 23-03-2021.

Exhibit P10 TRUE COPY OF THE LATEST REPRESENTATION PREFERRED BY THE 1ST PETITIONER DATED 20-03-2023

Exhibit P11 TRUE COPY OF THE LATEST REPRESENTATION PREFERRED BY THE 2ND PETITIONER DATED 20-03-2023.