Bilby Mathew vs The State Of Kerala
2023 Latest Caselaw 1710 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
    WEDNESDAY, THE 1ST DAY OF FEBRUARY 2023 / 12TH MAGHA, 1944
                         WP(C) NO. 3360 OF 2023
PETITIONER:

          BILBY MATHEW
          AGED 42 YEARS
          SON OF MATHEW ANTONY,
          MUSIC TEACHER, ST. GEORGE HIGHER SECONDARY SCHOOL,
          MUTTAR, MUTTAR P O, ALAPPUZHA DISTRICT
          (RESIDING AT KANDATHIL HOUSE, EDATHUVA P O,
          ALAPPUZHA DISTRICT-689573)
          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 - 695001
    2     THE DIRECTOR OF GENERAL EDUCATION
          JAGATHY, THIRUVANANTHAPURAM, PIN - 695014
    3     THE JOINT DIRECTOR OF GENERAL EDUCATION (ACADEMIC)
          JAGATHY, THIRUVANANTHAPURAM, PIN - 695014
    4     THE DEPUTY DIRECTOR OF EDUCATION
          CIVIL STATION, ALAPPUZHA, PIN - 688001
    5     THE DISTRICT EDUCATIONAL OFFICER
          KUTTANADU AT RAMANKARY, RAMANKARY P O
          ALAPPUZHA DISTRICT, PIN - 689595
    6     THE CORPORATE MANAGER
          CORPORATE MANAGEMENT OF SCHOOLS,
          ARCH DIOCESE OF CHANGANACHERRY,
          CHANGANACHERRY, KOTTAYAM DISTRICT, PIN - 686101
    7     THE HEADMISTRESS
 WPC NO. 3360 OF 2023
                           2


        ST. GEORGE HIGHER SECONDARY SCHOOL, MUTTAR,
        MUTTAR P O, ALAPPUZHA DISTRICT, PIN - 689574
        SMT.NISHA BOSE, SENIOR GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 01.02.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 WPC NO. 3360 OF 2023
                                      3




              P.V.KUNHIKRISHNAN, J.
             ------------------------------
              W.P.(C)No. 3360 of 2023
     ----------------------------------------------
    Dated this the 01st day of February, 2023


                              JUDGMENT

The above writ petition is filed with the following

prayers:

"(i) restore the post of Music Teacher post so as to accommodate the Petitioner, Music Teacher, who has approved continuous service from 01.07.2008 onwards.

(ii) call for the records relating to Exhibits P- 3 and P-7 and set aside the originals of the same by the issue of a writ of certiorari or other appropriate writ or order.

(iii) declare that the School is entitled for the restoration of Music teacher post and the Petitioner is entitled to be accommodated against the post of Music Teacher in terms of Exhibit P-4 order.

(iv) issue a writ of mandamus or other appropriate order or direction commanding the 3 rd Respondent Joint Director to consider and pass orders on Exhibit P-6 statutory Revision Petition within a time frame after having given an WPC NO. 3360 OF 2023

opportunity of being heard to the Petitioner and till then the operation of Exhibits P-3 and P-7 may be kept in abeyance.

(v) to dispense with filing of English translation of vernacular documents produced along with the Writ Petition.

(vi) 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. The above writ petition is filed mainly for a

direction to restore the post of music teacher so as to

accommodate the petitioner, music teacher, who

according to the petitioner has continuous service

from 01.07.2008 onwards. The claim is rejected as

per Ext.P3. The 6th respondent filed Ext.P6 revision

before the 3rd respondent. The grievance of the

petitioner is that the same is not considered.

3. Heard counsel appearing for the petitioner

and the learned Government Pleader.

4. After hearing both sides, I think there can

be a direction to the 3rd respondent to consider and WPC NO. 3360 OF 2023

pass appropriate orders on Ext.P6 representation,

within a time frame and till then the petitioner can be

allowed to continue and the claim for monetary benefit

will be subject to the result of the revision.

Therefore, this writ petition is disposed of in the

following manner:

i. The 3rd respondent is directed to

consider and pass appropriate orders in Ext.P6

revision, as expeditiously as possible, at any rate,

within a period of three months from the date of

receipt of a copy of this judgment.

ii. The petitioner can continue in the

School if she is in service as on today. But I make

it clear that the claim for monetary benefit will be

subject to the decision in the revision.

iii. Petitioner and the 6th respondent will be

given an opportunity of hearing before passing

final orders in Ext.P6 revision.

iv. While passing orders in Ext.P6 revision, WPC NO. 3360 OF 2023

the 3rd respondent will consider the applicability of

Ext.P4 order also.

v. Petitioner will produce a copy of the writ

petition along with a certified copy of this

judgment before the 3rd respondent for

compliance.

Sd/-

P.V.KUNHIKRISHNAN DM JUDGE WPC NO. 3360 OF 2023

APPENDIX OF WP(C) 3360/2023

PETITIONER EXHIBITS EXT. P-1 TRUE COPY OF THE ORDER NO.

B1/2736/17 DATED 09.08.2017 OF THE DEO KUTTANAD (IN-CHARGE) EXT. P-2 TRUE COPY OF THE STAFF TRUE COPY OF THE STAFF FIXATION ORDER 2022-2023 (NO. D.DIS. B1/49906/2022 DATED 20.08.2022) ISSUED BY THE DEO, KUTTANADFIXATION ORDER 2022-2023 DATED 20.08.2022 ISSUED BY THE DEO, KUTTANAD EXT. P-3 TRUE COPY OF THE ORDER NO.

B1/80866/2022 DATED 15.12.2022 OF THE DDE, ALAPPUZHA EXT. P-4 TRUE COPY OF THE G.O. (MS.) NO.

525/95/G.EDN DATED 28.10.1995 EXT. P-5 TRUE COPY OF THE ORDER NO.

B3/60511/2022 DATED 08.11.2022 OF THE DDE, ALAPPUZHA EXT. P-6 TRUE COPY OF THE REVISION PETITION DATED 30.12.2022 SUBMITTED BY THE CORPORATE MANAGER BEFORE THE 3RD RESPONDENT EXT. P-7 TRUE COPY OF THE LETTER NO.

DEOKTD/44/ 2023-B1 DATED 11.01.2023 OF THE AEO, KUTTANAD

RESPONDENTS EXHIBITS : NIL //TRUE COPY// PA TO JUDGE