Kerala High Court
Riya Ravindran vs The State Of Kerala on 1 March, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 1ST DAY OF MARCH 2023 / 10TH PHALGUNA, 1944
WP(C) NO. 10252 OF 2019
PETITIONER:
RIYA RAVINDRAN
AGED 36 YEARS
W/O PRAJOON K.S. HSA (MALAYALAM)
LALBAHADOOR SASTHRI MEMORIAL HSS AYITTATHUR,
THRISSUR - 680 683.
BY ADVS.
T.T.MUHAMOOD
SRI.A.RENJIT
SRI.V.E.ABDUL GAFOOR
SRI.A.MOHAMMED SAVAD
SRI.C.Y.VINOD KUMAR
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT,
SECRETARIAT ANNEX,
THIRUVANANTHAPURAM-695 001
2 THE DIRECTOR OF PUBLIC INSTRUCTION,
OFFICE OF THE DPI, JAGATHY,
THIRUVANANTHAPURAM-695 014
3 THE DEPUTY DIRECTOR OF EDUCATION,
OFFICE OF DDE,
THRISSUR - 680 683
4 THE DISTRICT EDUCATIONAL OFFICER
OFFICE OF THE DEO,
IRINJALAKKUDA - 680 586
5 THE MANAGER,
LALBAHADOORSASTHRI MEMORIAL,
HSS, AVITTATHUR,
THRISSUR - 680 683
WP(C) NO. 10252 OF 2019
2
BY ADVS.
ADVOCATE GENERAL OFFICE KERALA
NAZEER HUZAIN.H
SMT. NISHA BOSE SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 01.03.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 10252 OF 2019
3
P.V.KUNHIKRISHNAN, J.
------------------------------
W.P.(C)No. 10252 of 2019
----------------------------------------------
Dated this the 01st day of March, 2023
JUDGMENT
The above writ petition is filed with the following
prayers:
"(i) Issue a writ of certiorari or any other
appropriate writ, order or direction, quashing Ext:P6
government order.
(ii) Issue a writ of certiorari or any other
appropriate writ, order or direction, quashing Ext:P2,
P3 and P4 orders.
(iii) Issue a writ of mandamus or writ or
any other appropriate writ, order or direction,
directing the respondents 1 to 4 to approve the
appointment of the petitioner as HSA (Malayalam)
from 02.06.2014 and grant all service benefits.
And
such other writ, order or direction as this
Hon'ble Court may deems fit in the facts and
circumstances of the case. "[SIC]
2. The petitioner is working as High School
Assistant (for short 'HSA') (Malayalam) in Lal Bahadoor
WP(C) NO. 10252 OF 2019
Sasthri Memorial HSS, Avittathur, Thrissur. She was
appointed as HSA (Malayalam) w.e.f 02.06.2014 as
evident by Ext.P1 appointment order. The proposal for
approval of appointment submitted by the Manager as
per letter dated 01.06.2015 as evident by reference
No.1 in Ext.P2 was rejected by the 4 th respondent on
23.08.2016. Ext.P2 was challenged before the 3 rd
respondent and the 3rd respondent confirmed Ext.P2
order as per Ext.P3 order. Ext.P3 was again challenged
before the 2nd respondent and the 2nd respondent also
dismissed the revision as per Ext.P4 order. The
petitioner again filed a revision before the 1st
respondent and that revision was also dismissed as per
Ext.P6. The main reason for rejecting the approval is
based on G.O.(P)No.29/2016/G.Edn. Dated 29.01.2016
in which it is stated that, staff fixation order is
necessary for each academic year. Based on the above
order, staff fixation was conducted in the 5 th respondent
School and it was found that there was no post in the
WP(C) NO. 10252 OF 2019
academic year 2014-15 to accommodate the petitioner.
Hence the impugned orders are passed. Aggrieved by
the same, this writ petition is filed.
3. Heard counsel appearing for the petitioner
and the learned Government Pleader.
4. Counsel for the petitioner submitted that, as
on the date of the petitioner's appointment, that is on
02.06.2014, the staff fixation order of 2010-11 is to be
adopted as per G.O.(P)No.199/2011/G.Edn. dated
01.10.2011 and the subsequent circulars issued.
Counsel for the petitioner submitted that, as per Rule
8(2) of Chapter XIVA KER, if a proposal is submitted for
approval of appointment, the Educational authority is
bound to consider the same within 30 days. It is the
case of the petitioner that, even though the proposal
was submitted in 2015, the same was considered and
rejected only in 2016. The contention of the petitioner
is that, if the proposal for approval of the appointment
was considered within the statutory period mentioned
WP(C) NO. 10252 OF 2019
in Rule 8(2) of Chapter XIVA KER, as on that date,
there was a post in the light of the staff fixation for the
period 2010-11. Hence the counsel submitted that the
impugned orders relying G.O.(P)No.29/2016/G.Edn.
dated 29.01.2016 and the staff fixation orders based on
the same is not applicable in the case of the petitioner.
The learned Government Pleader on the other hand
submitted that the Government orders were challenged
before this Court and several writ petitions were
pending before this Court and that is why the delay in
considering the proposal. The Government Pleader
submitted that, as on the date of Ext.P2, G.O.
(P)No.29/2016/G.Edn. dated 29.01.2016 is applicable
and as per the staff fixation order for the academic year
2014-15, there is no post to accommodate the
petitioner and therefore the petitioner's approval was
rightly rejected.
5. This Court considered the contentions of the
petitioner and the Government Pleader. Rule 8(2) of
WP(C) NO. 10252 OF 2019
Chapter XIVA KER is extracted hereunder:
"(2) The Educational Officer on receipt of the
appointment order and other records mentioned in sub
rule (1) may approve the appointment if it is in
accordance with the provisions of the Act, the Rules
and orders issued by the Government or the Director
from time to time. After approval one copy shall be
forwarded by the Educational Officer to the teacher
through the Manager and another copy forwarded to
the Manager to be filed in the school records. The
approval may be given as expeditiously as possible at
any rate not later than 30 days from the date of receipt
of the appointment order and other documents
mentioned in sub-rule (1). "
6. From a perusal of the same, it is clear that, if
a proposal for approval is submitted, the approval is to
be considered as expeditiously as possible at any rate,
not later than 30 days from the date of receipt of the
appointment order and other documents mentioned in
sub-rule (1). Admittedly, the proposal for approval of
the petitioner's appointment and supporting documents
under sub rule (1) of Rule 8 Chapter XIVA KER was
received by the District Educational Officer,
WP(C) NO. 10252 OF 2019
Irinjalakkuda in 2015 itself. But the approval was
rejected on 23.08.2016. That is against the mandate in
the Rule. It is true that the time fixed in Rule 8(2) of
Chapter XIVA is not mandatory in nature, but, if the
right of a party is substantially affected because of the
violation of that rule, then it is fatal. I think there is
some force in the argument of the petitioner in this
case about the effect of non consideration of the
proposal for approval of appointment within the
statutory period. Here is a case, where Ext.P2 rejection
order was passed on 23.08.2016. The G.O.
(P)No.29/2016/G.Edn. dated 29.01.2016 states that
the new staff fixation order is necessary and in the new
staff fixation order, there is no vacancy. But if the case
of the petitioner is considered, within the statutory limit
mentioned in Rule 8(2) of Chapter XIVA KER, the staff
fixation order of the year 2010-11 is applicable and if
that is adopted, admittedly there is a vacancy. This
aspect is not considered by the statutory authorities.
WP(C) NO. 10252 OF 2019
Therefore, according to me, this matter is to be
reconsidered by the Government. For facilitating the
Government to pass fresh orders, Ext.P6 can be set
aside.
Therefore, this writ petition is allowed in the
following manner:
i. Ext.P6 is set aside.
ii. The 1st respondent is directed to
reconsider the matter in the light of the
observations in this judgment after giving an
opportunity of hearing to the petitioner and the 5 th
respondent Manager, as expeditiously as possible,
at any rate, within a period of four months from the
date of receipt of a copy of this judgment.
Sd/-
P.V.KUNHIKRISHNAN
DM JUDGE
WP(C) NO. 10252 OF 2019
APPENDIX OF WP(C) 10252/2019
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF APPOINTMENT ORDER
ISSUE3D BY THE MANAGER ON 2.6.2014
EXHIBIT P2 TRUE COPY OF ORDER NO B6-
3880/2014/L.DIS DATED 23.8.2016
ISSUED BY THE 4TH RESPONDENT
EXHIBIT P3 TRUE COPY OF NO B2/2117/16/L.DIS
DATED 15.2.2017 ISSUED BY THE 3RD
RESPONDENT
EXHIBIT P4 TRUE COPY OF ORDER NO
EC(5)/25539/2017/DPI DATED 25.1.2018
PASSED BY THE 3RD RESPONDENT
EXHIBIT P5 TRUE COPY OF REVISION PETITION DATED
19.5.2018 SUBMITTED BY THE PETITIONER
BEFORE THE 1ST RESPONDENT
EXHIBIT P6 TRUE COPY OF GO(RT) NO 830/2019/G.EDN
DATED 2.3.2019
EXHIBIT P7 TRUE COPY OF STAFF-FIXATION ORDER NO
D.DIS B6/5646/2010 DATED 30.8.2010
ISSUED BY THE 4TH RESPONDENT
RESPONDENTS EXHIBITS : NIL
//TRUE COPY// PA TO JUDGE
