Kerala High Court
Sreeletha V.K vs State Of Kerala on 31 March, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 31ST DAY OF MARCH 2023 / 10TH CHAITHRA, 1945
WP(C) NO. 449 OF 2023
PETITIONER/S:
SREELETHA V.K , AGED 49 YEARS
W/O K.K. RAGESH, UPSA, SNVUP SCHOOL, SALLIAMPARA,
IDUKKI DISTRICT- 685 563(RESIDING AT KOTHOZHICKAL
HOUSE, MACHIPLAVU P.O., ADIMALY, IDUKKI DISTRICT-
685 561), PIN - 685563
BY ADV V.A.MUHAMMED
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT
GENERAL EDUCATION DEPARTMENT, SECRETARIAT, ANNEXE
II THIRUVANANTHAPURAM-695 001., PIN - 695001
2 THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THIRUVANANTHAPURAM-695 014, PIN - 695014
3 THE DEPUTY DIRECTOR OF EDUCATION
IDUKKI @ THODUPUZHA - 685 584., PIN - 685584
4 THE ASSISTANT EDUCATIONAL OFFICER,
ADIMALY, IDUKKI DISTRICT - 685 561., PIN - 685561
5 THE MANAGER,
SNVUP SCHOOL, SALLIAMPARA, IDUKKI DISTRICT- 685
563., PIN - 685563
6 THE HEADMASTER,
SNVUP SCHOOL, SALLIAMPARA, IDUKKI DISTRICT- 685
563., PIN - 685563
OTHER PRESENT:
SMT.NISHA BOSE, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 31.03.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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W.P.(C). No. 449 of 2023
P.V.KUNHIKRISHNAN, J.
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W.P.(C) No. 449 of 2023
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Dated this the 31st day of March, 2023
JUDGMENT
The above writ petition is filed with following prayers:
"(i) call for the records relating to Exhibits P-8, P-9,
and set aside the originals of the same to the extend it
reduce the number of UPSA post 2 by the issue of a writ of
certiorari or other appropriate writ or order.
(ii) issue a writ of mandamus or other appropriate writ
order or direction commanding the Respondents to sustain
Exhibit P-3 staff fixation order and continuance of the
Petitioner as UPSA in the School during 2022-23.
(iii) issue a writ of mandamus or other appropriate writ
order or direction commanding the 1st Respondent to take a
decision on Exhibit P-10, taking in to account of Exhibit P-
4 to P-7 and Exhibt P-11 to P-13 with notice to the
Petitioner.
(iv) declare that the 3rd post of UPSA on which Petitioner is
accommodated is admissible in the School.
(v) to dispense with filing of English translation of
vernacular documents produced along with the Writ
Petition.
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W.P.(C). No. 449 of 2023
(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. When this writ petition came up for consideration on
09.01.2023, this Court passed the following order:
"The learned Government Pleader takes notice for
respondents 1 to 4. Issue notice to respondents 5 and 6.
2. Sri. Rajasekharan Nair, the learned counsel
appearing for the petitioner, would contend that in blatant
violation of Rule 12C(3) of Chapter XXIII of the KER and
in violation of the principles of natural justice, the Deputy
Director has ordered to revise the staff fixation order of the
year 2022-2023 and has sanctioned only two UPSA posts.
According to the learned counsel, the action taken as
aforesaid by the DDE goes against the law laid down by
this Court in Rejimol v. AEO [2004 (2) KLT 899].
3. The learned Government Pleader points out that instead
of preferring an appeal under Rule 12E of Chapter XXIII
of the KER, the petitioner has directly approached the
Government by preferring Ext.P10 revision, which
according to the learned Government Pleader, is not
maintainable.
4. Prima facie, there appears to be considerable merit in
the submissions of the learned counsel. Exts P8 and P9, to
the extent the petitioner has been retrenched, shall be kept
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W.P.(C). No. 449 of 2023
in abeyance. In the meantime, the petitioner shall
approach the DGE invoking 12E of the Rules.
Post after two weeks."
3. As directed by this Court, the petitioner already
approached the 2nd respondent, invoking Rule 12E of Chapter
XXIII KER. Ext.P14 is the revision. If that be so, there can be a
direction to the 2nd respondent to consider Ext.P14 and till then
the interim order can continue. As long as the approval of the
petitioner's appointment is in force, the petitioner is entitled
salary. There can be a direction to that effect also.
Therefore, this writ petition is disposed of in the following
manner:
1. The 2nd respondent is directed to consider and pass
appropriate orders in Ext.P14, as expeditiously as
possible, at any rate within four months from the date
of receipt of a stamped certified copy of this judgment
with notice to the petitioner.
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W.P.(C). No. 449 of 2023
2. While considering Ext.P14, the 2nd respondent will
consider the applicability of Exts.P4 to P7 and Ext.P11
to P13.
3. Till final orders are passed as directed above, the
interim order dated 09.01.2023 will continue. I make it
clear that as long as the approval of appointment of the
petitioner is in force, the petitioner is entitled salary
and the respondents shall disburse the arrears of salary
to the petitioner within two months from the date of
order and will continue to pay current salary till the
approval is in force.
sd/-
P.V.KUNHIKRISHNAN
JUDGE
das
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W.P.(C). No. 449 of 2023
APPENDIX OF WP(C) 449/2023
PETITIONER EXHIBITS
Exhibit1 TRUE COPY OF THE ORDER NO. E/8179/2021
DATED 17.06.2021 OF THE AEO, ADIMALI
APPROVING THE APPOINTMENT OF THE
PETITIONER ALONG WITH TYPED COPY
Exhibit P-2 TRUE COPY OF THE STAFF STATEMENT AS ON
01.06.2022 ALONG WITH TYPED COPY
Exhibit P-3 TRUE COPY OF THE STAFF FIXATION ORDER
NO. D.DIS/E/49306/2022 DATED 23.08.2022
OF THE AEO, ADIMALI
Exhibit P-4 TRUE COPY OF THE DECISION REPORTED IN
2004 (2) KLT 899 (REJIMOL V. AEO)
Exhibit P-5 TRUE COPY OF THE JUDGMENT W.A NO.
1783/2009 DATED 30-08-2016
Exhibit P-6 TRUE COPY OF GO(RT) NO. 518/2020/G.EDN
DATED 28.01.2020
Exhibit P-7 TRUE COPY OF GO(RT) NO. 205/2019/G.EDN
DATED 18.01.2019
Exhibit P-8 TRUE COPY OF THE ORDER NO. B4/60551/2022
DATED 29.10.2022 OF THE DEPUTY DIRECTOR
OF EDUCATION, IDUKKI
Exhibit P-9 TRUE COPY OF THE ORDER NO. E/640/2022
DATED 03.01.2023 OF THE AEO
Exhibit P-10 TRUE COPY OF THE REVISION PETITION
SUBMITTED BY THE PETITIONER BEFORE THE
GOVERNMENT DATED 03.01.2023
Exhibit P-11 TRUE COPY OF THE GO(RT) NO. 2552/2021
DATED 15.04.2021
Exhibit P-12 TRUE COPY OF GO(RT) 2739/2021 DATED
05.05.2021
Exhibit P-13 TRUE COPY OF ORDER RA(1) 6957/2020/DGE
DATED 29.09.2020
Exhibit P-14 TRUE COPY OF THE REVISION PETITION
SUBMITTED BEFORE THE DIRECTOR DATED
13.01.2023.
Exhibit P -15 TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER DATED
24.02.2023
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W.P.(C). No. 449 of 2023
Exhibit P -16 TRUE COPY OF THE FORWARDING LETTER NO.
156/2023 DATED 24.02.2023
Exhibit P-17 TRUE COPY OF THE ORDER NO.
F4/2887/2023/DGE DATED 09.02.2023
