Kerala High Court
Anu Baby vs State Of Kerala on 1 February, 2023
WP(C) NO. 1879 OF 2023 1
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. 1879 OF 2023
PETITIONER/S:
ANU BABY
AGED 38 YEARS
W/O.JINSON JOY,
HSA (MATHEMATICS),
ST.STEPHEN'S GIRLS HIGH SCHOOL,
KEERAMPARA P.O., KOTHAMANGALAM,
ERNAKULAM.
, PIN - 686681
BY ADVS.
GEORGE ABRAHAM
JOBY D JOSEPH
MARY CATHERINE PRIYANKA P.S.
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM
, PIN - 695001
2 DIRECTOR OF GENERAL EDUCATION
JAGATHY, THIRUVANANTHAPURAM, PIN - 695014
3 DEPUTY DIRECTOR OF EDUCATION
CIVIL STATION, COLLECTORATE, ERNAKULAM, PIN - 682030
4 DISTRICT EDUCATIONAL OFFICER
KOTHAMANGALAM, ERNAKULAM, PIN - 686691
OTHER PRESENT:
SMT.NISHA BOSE, SR.GP
WP(C) NO. 1879 OF 2023 2
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 1879 OF 2023 3
P.V.KUNHIKRISHNAN, J
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W.P.(C) No.1879 of 2023
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Dated this the 1st day of February, 2023
JUDGMENT
The above writ petition is filed with following prayers :
"(I) To issue a writ of certiorari or any other appropriate
writ, direction or order to quash the endorsement made by
the District Educational Officer in Ext.P11 and direct to
release the salary in favour of the petitioner.
(II) To declare that the petitioner is entitled to receive salary
as H.S.A. Mathematics in the second vacancy available at St.
Stephen's Girls High School, Keerampara, Kothamangalam.
(iii) To issue a Writ of Mandamus; or any other appropriate
writ, order or direction, directing the District Educational
Officer to consider Ext.P12 and P13 representations pending
before him.
(iv) Petitioner also prays that this Hon'ble Court may be
pleased to dispense with the translation of the documents
produced in the vernacular language.
(v) To grant such other and further reliefs as this COURT
Hon'ble Court may consider just and proper in the facts and
circumstances of the case." [SIC]
2. The petitioner was appointed as UPSA on 07.07.2008
at St.Stephen's Girls High School, Keerampara. Later, she was
promoted to the post of HSA Mathematics in a permanent
vacancy from 01.09.2011 onwards. According to the petitioner,
the appointments were approved by the Department. The
District Educational Officer passed the staff fixation order for
the academic year 2022-23 as per Ext.P9. As per Ext.P9, two
posts of HSA Mathematics was sanctioned by the District
Educational Officer is the contention. One Geemon Philipose
was the approved HSA Mathematics, who was working as
Headmaster of the School. Mr. Martin Simon was another HSA
Mathematics working in the School in the first vacancy. It is
the case of the petitioner that there was a long standing
dispute between Martin Simon and Geemon Philipose with
respect to the post of Headmaster. As per Ext.P7 interim order
of this Court, a status quo was passed in favour of Geemon
Philipose. Later, that order was vacated by this Court as per
Ext.P8 order. Even though Ext.P8 order was taken up before
the Apex Court by filing SLP No. 15828/2022, the same was
dismissed. Accordingly, the Manager appointed Martin Simon
as the Headmaster of the School by reverting Geemon
Philipose as HSA Mathematics. It is the case of the petitioner
that both Martin Simon as well as Geemon Philipose are
approved HSA Mathematics. Even though Geemon Philipose
was reverted, one post of HSA Mathematics was vacant
consequent to the promotion given to Martin Simon. But the
District Educational Officer rejected the salary bill of the
petitioner for the month of December, 2022 stating that Martin
Simon was given lower scale of pay and therefore, the
petitioner cannot be given salary. The case of the petitioner is
that the reason stated by the PA to District Educational Officer
was legally and factually incorrect. It is the case of the
petitioner that District Educational Officer ought to have
approved the appointment of the Martin Simon as Headmaster
based on the orders passed by this Court. Without doing the
same, the District Educational Officer rejected the salary bill of
the petitioner, which is arbitrary and illegal is the contention.
Hence, this writ petition.
3. Heard the learned counsel for the petitioner and the
learned Government Pleader.
4. This Court perused Ext.P11. There is an endorsement
by the PA to DEO returning the salary bill of the petitioner.
From the above endorsement itself, it is clear that the District
Educational Officer has not applied his mind before returning
the salary bill. I am of the prima facie opinion that the District
Educational Officer himself should consider Exts.P12 and P13
after giving an opportunity of hearing to the petitioner and the
Manager and pass appropriate orders in it immediately.
Therefore, this writ petition is disposed of with the
following directions:
1) The 4th respondent is directed to consider and pass
appropriate orders in Exts.P12 and P13 as expeditiously
as possible, at any rate, within two weeks from the date of
receipt of a copy of this judgment.
2) Before passing final orders, an opportunity of hearing
should be given to the petitioner and the Manager of the
School.
3) The petitioner will produce a copy of this writ petition
along with the certified copy of this judgment before the
4th respondent for compliance.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
APPENDIX OF WP(C) 1879/2023
PETITIONER EXHIBITS
Exhibit P1 A COPY OF THE APPOINTMENT ORDER DATED
07.07.2008 APPOINTING THE PETITIONER
Exhibit P2 . A COPY OF THE ORDER NO. B5/77/15 PASSED BY
THE DISTRICT EDUCATIONAL OFFICER,
KOTHAMANGALAM DATED 22.06.2015
Exhibit P3 A COPY OF THE APPOINTMENT ORDER ISSUED BY THE
MANAGER DATED 01.09.2011
Exhibit P4 . A COPY OF THE COMMON JUDGMENT IN
WP(C)NO.11597/2019 AND CONNECTED MATTER DATED
11.04.2019
Exhibit P5 A COPY OF THE GO(RT)NO.2909/2019/G.EDN. DATED
18.07.2019
Exhibit P6 . A COPY OF THE JUDGMENT IN WP(C)NO.29041/2016
DATED 21.01.2019
Exhibit P7 . A COPY OF THE ORDER DATED 21-6-2022 PASSED
BY THIS HON'BLE COURT IN WP(C)NO.20075/2022
Exhibit P8 . A COPY OF THE INTERIM ORDER PASSED IN
WP(C)NO.20075/2022 DATED 12.07.2022
Exhibit P9 . A COPY OF THE STAFF FIXATION ORDER
NO.B3/45425/2022 DATED 27.08.2022
Exhibit P10 A COPY OF THE PROCEEDINGS NO. 154M/2022 OF THE
MANAGER DATED 06.10.2022
Exhibit P11 A COPY OF THE LETTER NO. 286/2022-23 FORWARDED
BY THE HEADMASTER OF THE SCHOOL DATED
26.12.2022 WITH THE ENDORSEMENT OF THE
DISTRICT EDUCATIONAL OFFICER
Exhibit P12 . A COPY OF THE REPRESENTATION SUBMITTED BY
THE PETITIONER DATED 10.01.2023
Exhibit P13 A COPY OF THE REPRESENTATION SUBMITTED BY THE
MANAGER DATED 11.1.2023
