Rajasree R. Menon vs The State Of Kerala
2023 Latest Caselaw 3354 Ker

WP(C) NO. 40764 OF 2022              1



                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
      FRIDAY, THE 24TH DAY OF MARCH 2023 / 3RD CHAITHRA, 1945
                          WP(C) NO. 40764 OF 2022
PETITIONER/S:
          RAJASREE R. MENON.,
          AGED 54 YEARS
          WIFE OF JAYAKUMAR K HIGH SCHOOL TEACHER (SOCIAL
          STUDIES), RAGHAVA PANICKER MEMORIAL HIGH SCHOOL,
          KUMBALAM, KOCHI, ERNAKULAM DISTRICT-682506 (RESIDING
          AT SRISOUDHAM, KADEKUZHI HOUSE, KUNDANNUR, MARADU,
          ERNAKULAM DISTRICT-682304) (M-9496334188).

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


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 DEPUTY DIRECTOR OF EDUCATION,
               CIVIL LINES, THRIKKAKKARA, ERNAKULAM DISTRICT-682
               030.

      4        THE DISTRICT EDUCATIONAL OFFICER,
               NEAR DISTRICT COURT, ERNAKULAM-682 011.

      5        THE MANAGER,
               RAGHAVA PANICKER MEMORIAL HIGH SCHOOL, KUMBALAM,
               KOCHI, ERNAKULAM DISTRICT-682506.

      6        THE HEADMISTRESS,
               RAGHAVA PANICKER MEMORIAL HIGH SCHOOL, KUMBALAM,
               KOCHI, ERNAKULAM DISTRICT-682506.
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 24.03.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) NO. 40764 OF 2022                 2




                       P.V.KUNHIKRISHNAN, J
                   ---------------------------------------
                     W.P.(C) No. 40764 of 2022
                    --------------------------------------
               Dated this the 24th day of March, 2023


                                  JUDGMENT

The above writ petition is filed with following prayers :

(i) "call for the records relating to Exhibits P-15, P-16, P-17 and P-22 orders and set aside the originals 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 order or direction commanding the 4th Respondent to approve Exhibit P-14 appointment of the Petitioner as HST (SS) from 15.07.2021 onwards.

(iii) pass such other order or direction which this Hon'ble Court may deem fit and proper to grant in the circumstances of the case."

2. According to the petitioner, she is a Rule 51A

claimant and she was appointed as HST (Social Science) from

15.07.2021 onwards against a retirement vacancy arose on

31.05.2021 in the school. Because of the uneconomic nature,

the approval of her appointment from 15.07.2021 was denied

by the District Educational Officer. According to the petitioner,

the staff fixation order of 2019-20 is available during 2021-22

also. It is further submitted that the uneconomic nature of the

school is changed from 2020-21 onwards. Accordingly, her

appointment is liable to be approved as regular teacher in

regular scale of pay from 15.07.2021 is the submission. It is

also submitted that Deputy Director of Education, Ernakulam

by order dated 20.04.2022 declined the appeal under Rule 8(5)

of Chapter XIVA KER on the reason that only daily wages

appointment can be made in the school because of lack of

minimum strength prescribed and also because the teacher is

over aged as her date of birth being 10.05.1968 and she has

not possessed K-TET. It is further submitted that the Director

also rejected the revision as evident by Ext.P17. The petitioner

approached the Government and the Government also

dismissed the same as per Ext.P22. Aggrieved by the same,

this writ petition is filed.

3. Heard the learned counsel for the petitioner and the

learned Government Pleader.

4. The counsel for the petitioner submitted that in the

light of Ext.P24, the petitioner is eligible for age relaxation.

The counsel also submitted that the Division Bench of this

Court in W.A.No.1602/2022 dated 13.03.2023 passed a

detailed order in which it is stated about the appointment of

the differently abled persons as teachers.

5. After hearing both sides, I think the impugned order

can be set aside and there can be a direction to the

Government to reconsider the matter in the light of the

judgment in W.A. No. 1602/2022 and also in the light of

Ext.P24 Government Order.

Therefore, this writ petition is allowed in the following

manner :

1) Ext.P22 is set aside.

2) The 1st respondent is directed to reconsider the matter in

the light of the judgment in W.A. No.1602/2022 and also

in the light of Ext.P24 Government Order as expeditiously

as possible, at any rate within three months from the date

of receipt of a certified copy of this judgment.

3) Before passing final orders, an opportunity of hearing will

be given to the petitioner.

4) The petitioner will produce a certified copy of this

judgment along with the copy of this writ petition before

the 1st respondent for compliance.

Sd/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF WP(C) 40764/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE STAFF FIXATION ORDER 2019-2020 DATED 17.07.2019 ISSUED BY THE 4TH RESPONDENT.

Exhibit P2 TRUE COPY OF THE STUDENT STRENGTH ON THE 6TH WORKING DAY DURING THE ACADEMIC YEAR 2020-2021, DATED NIL.

Exhibit P3 TRUE COPY OF THE STUDENT STRENGTH ON THE 6TH WORKING DAY DURING THE ACADEMIC YEAR 2020-2022, DATED NIL.

Exhibit P4 TRUE COPY OF THE STUDENT STRENGTH ON THE 6TH WORKING DAY DURING THE ACADEMIC YEAR 2022-2023, DATED NIL.

Exhibit P5 TRUE COPY OF THE CIRCULAR NO.

13402/J2/12/G.EDN. DATED 10.04.2012 OF THE GOVT.

Exhibit P6 TRUE COPY OF THE CIRCULAR NO.

58604/J2/12/G.EDN. DATED 06.11.2012 OF THE GOVT.

Exhibit P7 TRUE COPY OF THE CIRCULAR NO.

H2/25700/2015 DATED 03.05.2016 OF THE GOVT. ALONG WITH PROFORMA.

Exhibit P8 TRUE COPY OF THE CIRCULAR NO. 631703/ J2/16/G.EDN. DATED 01.08.2016 OF THE GOVT.

Exhibit P9 TRUE COPY OF THE CIRCULAR NO. 951951/ J2/16/G.EDN. DATED 09.11.2016 OF THE GOVT.

Exhibit P10 TRUE COPY OF THE G.O. (MS.) NO.

28/2021/G.EDN. DATED 22.01.2021 OF THE GOVT.

Exhibit P11 TRUE COPY OF THE G.O. (RT.) NO.

3287/2021/G.EDN. DATED 06.07.2021 OF THE

GOVT.

Exhibit P12 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 04.10.1996 AND THE APPROVAL RECORDED THEREON.

Exhibit P13 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 30-12-1996 AND APPROVAL RECORDED THEREON, ALONG WITH TYPED COPY. Exhibit P14 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 15.07.2021.

Exhibit P15 TRUE COPY OF THE ORDER NO. B6/ 25912/2021 DATED 19.09.2021 OF THE DEO, ERNAKULAM. Exhibit P16 TRUE COPY OF THE ORDER NO. B2/ 214611/2011 DATED 20.04.2022 OF THE DDE, ERNAKULAM. Exhibit P17 TRUE COPY OF THE ORDER NO. EC3/237129/2022 DATED 02.08.2022 OF THE ADDITIONAL DIRECTOR (GENERAL) ATTACHED TO THE OFFICE OF THE 2ND RESPONDENT.

Exhibit P18 TRUE COPY OF THE G.O. (P) NO.

4/2021/G.EDN. DATED 06.02.2021 OF THE GOVT.

Exhibit P19 TRUE COPY OF THE G.O. (P) NO. 19/2021/GEDN DATED 08.11.2021 OF THE GOVT.

Exhibit P20 TRUE COPY OF THE REVISION PETITION FILED BEFORE THE GOVERNMENT DATED 04.08.2022 ALONG WITH POSTAL RECEIPT AFFIXED.

Exhibit P21 TRUE COPY OF THE JUDGMENT IN W.P. (C) NO.

26732/2022 DATED 19.08.2022.

Exhibit P22 TRUE COPY OF THE G.O. (RT.) NO.

6547/2022/GEDN DATED 08.11.2022 OF THE GOVERNMENT.

Exhibit P23 TRUE COPY OF THE G.O. (MS.) NO.

111/2022/GEDN DATED 25.06.2022 OF THE GOVERNMENT.

Ext. P-24 TRUE COPY OF THE G.O. (P) NO. 2/2023/GEDN DATED 23.01.2023