Litha P.Varghese vs The State Of Kerala
2023 Latest Caselaw 604 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
     THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
THURSDAY, THE 12TH DAY OF JANUARY 2023 / 22ND POUSHA, 1944

                 WP(C) NO. 8496 OF 2020
PETITIONER/S:

          LITHA P.VARGHESE
          AGED 40 YEARS
          WIFE OF BASIL DAVID,
          HIGH SCHOOL ASSISTANT (PHYSICAL SCIENCE),
          ST.GEORGES HIGHER SECONDARY SCHOOL,
          VENNIKULAM,ALUVA, ERNAKULAM DISTRICT-682 305

          BY ADVS.
          V.A.MUHAMMED
          SRI.M.SAJJAD


RESPONDENT/S:

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

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

    3     THE DISTRICT EDUCATIONAL OFFICER,
          ALUVA, ERNAKULAM DISTRICT-683 101

    4     THE MANAGER,
          ST.GEORGES HIGHER SECONDARY SCHOOL,
          VENNIKULAM, ALUVA, ERNAKULAM DISTRICT-682 305

    5     THE HEADMASTER,
          ST.GEORGE'S HIGHER SECONDARY SCHOOL,
          VENNIKULAM,ALUVA, ERNAKULAM DISTRICT-682 305

          BY ADVS.
          ADVOCATE GENERAL OFFICE KERALA
          SRI.JOSE ABRAHAM(J-1406)
          SRI.E.ADITHYAN

          SMT MARY BEENA JOSEPH SR GP

     THIS WRIT PETITION    (CIVIL) HAVING COME UP         FOR
ADMISSION ON 12.01.2023,   THE COURT ON THE SAME          DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 8496 OF 2020

                                    2


                              JUDGMENT

The petitioner states that she was appointed against a retirement

vacancy in the St. George's Higher Secondary School, Vennikulam as

UPSA w.e.f. 01.06.2005. While working as aforesaid, she was promoted

as HSA (Physical Science) w.e.f. 01.06.2009. The grievance of the

petitioner is that the grant of promotion as HSA (Physical Science) to the

petitioner was approved only w.e.f. 01.06.2011. Her grievance in this writ

petition pertains to the grant of approval for the period from 01.06.2009

to 31.05.2011. The petitioner states that pursuant to the directions

issued by this Court in Exhibit P11 judgment, the Government has issued

Exhibit P12 order on 03.01.2020 ordering to approve the petitioner as

HSA (Physical Science) from 01.06.2009 and to disburse all the

consequential benefits. The petitioner asserts that the DEO is refusing to

implement the Exhibit P12 order. It is in the afore circumstances, that

this writ petition is filed seeking issuance of directions to the 4th

respondent to grant approval to the promotion of the petitioner as HSA

(Physical Science) from 01.06.2009 onwards and to grant all attendant

benefits.

2. A counter affidavit has been filed by the 3rd respondent. It is

stated that the appointment of the petitioner was approved w.e.f.

01.06.2011 after including the petitioner in the Teachers' Bank. It is

further stated that, as the Manager has not executed a bond in terms of WP(C) NO. 8496 OF 2020

G.O.(P.) No.10/10/G.Edn. dated 12.01.2010, no approval was granted to

the petitioner. It is further stated that in terms of the directions issued by

this Court in W.P.(C.) No. 19186/2019, the Government heard the parties.

The Manager confirmed that he has impleaded in the petition challenging

G.O.(P.) No.10/10/G.Edn. before the Hon'ble Supreme Court filed by

Private Aided School Managers, and the matter is in consideration of the

Apex Court. It is stated that in view of the above, approval cannot be

granted despite Exhibit P12 Government Order.

3. Sri. M. Sajjad, the learned counsel appearing for the petitioner,

submits that though the petitioner has approached this Court seeking to

implement the order, the fact remains that G.O.(P) No.10/10/G.Edn.

would not be applicable to the petitioner herein as the petitioner herein is

a statutory claimant. The learned counsel would refer to Exhibit P16 and

P17 orders issued by the Government and submit that being a statutory

claimant, she is entitled to the benefits of Exhibits P16 and P17 orders.

The learned counsel submits that the Government has already held that in

so far as statutory claimants are concerned, there is no need to insist on

the execution of the Bond. According to the learned counsel, this aspect

of the matter was not considered by any of the parties.

4. The contention of the petitioner herein is that G.O.(P)

No.10/10/G.Edn., do not apply to Exhibits P16 and P17 orders. This WP(C) NO. 8496 OF 2020

aspect of the matter has not been considered by the Government while

issuing Exhibit P12.

In that view of the matter, I quash Exhibit P12 and direct

reconsideration of the matter in light of Exhibits P16 and P17. Fresh

orders shall be passed, in any event, within a period of four months from

the date of receipt of a copy of this judgment. Before passing orders, an

opportunity of being heard shall be granted to the petitioner and the

party respondents.

This writ petition is disposed of.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE

avs WP(C) NO. 8496 OF 2020

APPENDIX OF WP(C) 8496/2020

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF ORDER NO VHS 3/2005 DATED 25.05.2005 ISSUED BY THE 4TH RESPONDENT

EXHIBIT P2 TRUE COPY OF APPOINTMENT ORDER OF THE PETITIONER DATED 01.06.2005

EXHIBIT P3 TRUE COPY OF THE ORDER NO VHS 7/2009 DATED 29.05.2009 ISSUED BY THE 4TH RESPONDENT

EXHIBIT P4 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 01.06.2009

EXHIBIT P5 A TRUE COPY OF THE STAFF FIXATION ORDER FOR 2009-10 DATED 03.11.2009

EXHIBIT P6 A TRUE COPY OF THE STAFF FIXATION ORDER FOR 2011-12 DATED 17.01.2012

EXHIBIT P7 TRUE COPY OF THE ORDER NO.B4/3640/2009/K.DIS DATED 5.12.2009

EXHIBIT P8 TRUE COPY OF THE APPEAL FILED BY THE 4TH RESPONDENT BEFORE THE 3RD RESPONDENT DATED 13.04.2010

EXHIBIT P9 TRUE COPY OF THE ORDER NO.D.DIS/RA(2) 43073/11/DPI.DATED 01.10.2011 ISSUED BY THE JOINT DIRECTOR OF 2ND RESPONDENT

EXHIBIT P10 TRUE COPY OF THE REVISION PETITION FILED BY THE CORPORATE MANAGER, ST. GEORGE JACOBITE SYRIAN CATHEDRAL, KARINGACHIRA, IRIMPANAM BEFORE THE GOVERNMENT DATED 11/2011

EXHIBIT P11 TRUE COPY OF THE JUDGMENT IN W.PC NO.19186/2019 DATED 06.08.2019 OF THIS HON'BLE COURT

EXHIBIT P12 TRUE COPY OF THE G.O (RT) NO.19/2020/G.EDN DATED 03.01.2020 OF THE GOVERNMENT

EXHIBIT P13 TRUE COPY OF THE REQUEST OF THE PETITIONER BEFORE THE DEO DATED 11.02.2020 WP(C) NO. 8496 OF 2020

EXHIBIT P14 TRUE COPY OF THE JUDGMENT IN WPC NO.1552/2012 DATED 29.03.2017

EXHIBIT P15 TRUE COPY OF THE JUDGMENT IN WPC NO 8635/2012 DATED 14.10.2019

EXHIBIT P16 TRUE COPY OF THE G.O.(RT)NO.45/2020/G.EDN.DATED 3/1/2020 OF THE GOVT.

EXHIBIT P17 TRUE COPY OF THE G.O.(RT)NO.502/2020/GEDN DATED 25/1/2020 OF THE GOVT.

Exhibit P18 TRUE COPY OF THE JUDGMENT IN WPC 35602/2019 DATED 14.2.2022