Anjana K vs The State Of Kerala
2023 Latest Caselaw 8253 Ker

Citation : 2023 Latest Caselaw 8253 Ker
Judgement Date : 1 August, 2023

Kerala High Court

Anjana K vs The State Of Kerala on 1 August, 2023

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
           THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
   TUESDAY, THE 1ST DAY OF AUGUST 2023 / 10TH SRAVANA, 1945
                    WP(C) NO.24964 OF 2023
PETITIONER :-

          ANJANA K, AGED 26 YEARS
          DAUGHTER OF KRISHNA PILLAI,
          UPPER PRIMARY SCHOOL TEACHER,
          A K M VOCATIONAL HIGHER SECONDARY SCHOOL,
          THADICADU, KOLLAM DISTRICT - 691 306
          (RESIDING AT ARUN BHAVAN, POLICODE,
          VAYACKAL P O, KOLLAM DISTRICT-691 548)

          BY ADVS.
          V.A.MUHAMMED
          V.RAJASEKHARAN NAIR


RESPONDENTS :-

    1     THE STATE OF KERALA
          REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
          GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE II,
          THIRUVANANTHAPURAM, PIN - 695 001.

    2     THE DIRECTOR OF GENERAL EDUCATION
          JAGATHY, THIRUVANANTHAPURAM, PIN - 695 014.

    3     THE DEPUTY DIRECTOR OF EDUCATION
          KOLLAM @ THEVALLY, PIN - 691 009.

    4     THE DISTRICT EDUCATIONAL OFFICER
          PUNALUR, KOLLAM DISTRICT, PIN - 691 305.

    5     SRI. H. JAWHAR
          CHAIRMAN OF THE SCHOOL BOARD,
          A K M VOCATIONAL HIGHER SECONDARY SCHOOL,
          THADICADU, KOLLAM DISTRICT, PIN - 691 306.

    6     THE MANAGER
          A K M VOCATIONAL HIGHER SECONDARY SCHOOL,
          THADICADU, KOLLAM DISTRICT, PIN - 691 306.

    7     THE HEADMASTER
          A K M VOCATIONAL HIGHER SECONDARY SCHOOL,
          THADICADU, KOLLAM DISTRICT, PIN - 691 306
 WP(C) NO.24964 OF 2023

                                  -: 2 :-

     8       SRI.JOBY JOHN
             UPPER PRIMARY SCHOOL TEACHER,
             A K M VOCATIONAL HIGHER SECONDARY SCHOOL,
             THADICADU, KOLLAM DISTRICT, PIN - 691 306.

     9       SRI.H.A.RAHIM
             FORMER MANAGER, A K M VOCATIONAL HIGHER SECONDARY
             SCHOOL, THADICADU, KOLLAM DISTRICT, PIN - 691 306.

             SMT.SURYA BINOY, SR.GP


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   01.08.2023,    THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO.24964 OF 2023

                                     -: 3 :-


                                   JUDGMENT

Dated this the 1st day of August, 2023

This writ petition is filed seeking the following reliefs :-

"(i) call for the records relating to Exhibit P12 order of the DGE and set aside the original of the same by the issue of a writ of certiorari or other appropriate writ or order.

(ii) issue a writ of mandamus or other appropriate writ, order or direction commanding the 4th respondent to approve the appointment of the petitioner as UPST in preference to the 8th respondent against the 1st available vacancy from 15.07.2021, after her appointment.

(iii) declare that petitioner is entitled to get appointment as UPST from 15.07.2021 in preference to the 8th respondent under the management.

(iv) issue a writ of mandamus or other appropriate writ order or direction commanding the 1st respondent to take a decision on Exhibit P13 revision petition with notice to the petitioner in a time bound manner."

2. Heard the learned counsel for the petitioner and the

learned Government Pleader.

3. It is submitted by the learned counsel for the petitioner

that the petitioner was appointed as UPST with effect from 1.6.2020

and the 8th respondent was appointed as UPST from 15.7.2021 in

the same vacancy by two Managers. It is submitted that being the

senior appointee, the petitioner is entitled to preference for getting

approval. However, by Ext.P2 order, the claim for approval of WP(C) NO.24964 OF 2023

appointment raised by the petitioner has been rejected. It is

submitted that as against Ext.P2 order, the petitioner has

approached the 1st respondent with Ext.P13 revision petition, which

is liable to be considered in accordance with law.

4. Having heard the learned Government Pleader also and

in view of the fact that Ext.P13 revision petition has been preferred

by the petitioner raising all contentions, I am of the opinion that the

same is liable to be considered in accordance with law.

There will, accordingly, be a direction to the 1st

respondent to take up, consider and pass orders on Ext.P13 revision

petition with notice to all parties and any other affected teachers

and after hearing them, within a period of four months from the

date of receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/1.8.2023 WP(C) NO.24964 OF 2023

APPENDIX OF WP(C) 24964/2023

PETITIONER EXHIBITS :-

Exhibit P-1 TRUE COPY OF THE JOINING REPORT SUBMITTED BY THE TEACHER-IN-CHARGE BEFORE THE DEO, PUNALUR (LTR. NO. HS/11/2020) ALONG WITH THE APPOINTMENT ORDER OF THE PETITIONER DATED 01.06.2020

Exhibit P-2 TRUE COPY OF THE ORDER NO. D.DIS. 36054/85/B4 DATED 12.02.1986 ALONG WITH THE BYE-LAWS WITH THE AMENDMENTS VIDE ORDER NO. B6/ 21667/2016/K.DIS. DATED 06.01.2017 OF THE DDE, KOLLAM

Exhibit P-3 TRUE COPY OF THE ORDER NO. B2/6385/ 2018/K.DIS.

DATED 17.07.2019 OF THE DEO, PUNALUR

Exhibit P-4 TRUE COPY OF THE ORDER NO. B2/1796/ 2020/K.DIS.

DATED 03.08.2020 OF THE DEO, PUNALUR

Exhibit P-5 TRUE COPY OF THE ORDER NO. B2/62/ 2021/K.DIS.

DATED 24.03.2021OF THE DEO, PUNALUR

Exhibit P-6 TRUE COPY OF THE APPOINTMENT ORDER DATED 15.07.2021 OF THE 8TH RESPONDENT

Exhibit P-7 TRUE COPY OF THE ORDER NO. B2/28144/ 2021 DATED 18.09.2021 OF THE DEO, PUNALUR

Exhibit P-8 TRUE COPY OF THE JUDGMENT IN W.P. (C) NO.

9195/2021 DATED 08.07.2021

Exhibit P-9 TRUE COPY OF THE ET5/5011/2021/DGE DATED 02.06.2022 OF THE DGE

Exhibit P-10 TRUE COPY OF THE G.O. (RT.) NO. 7764/2022/G.EDN DATED 07.12.2022