Deepa.T vs State Of Kerala
2023 Latest Caselaw 11011 Ker

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                       THE HONOURABLE MR. JUSTICE T.R.RAVI
         THURSDAY, THE 26TH DAY OF OCTOBER 2023 / 4TH KARTHIKA, 1945
                             WP(C) NO. 34829 OF 2023
PETITIONER:

     1        DEEPA.T
              AGED 38 YEARS
              W/O. RATHEESH UPST,
              KEEZHAL UP SCHOOL, POST KEEZHAL
              KOZHIKODE DISTRICT, PIN - 673104
              BY ADVS.
              R.K.MURALEEDHARAN
              ATHIRA A.MENON

RESPONDENTS:

     1        STATE OF KERALA
              REPRESENTED BY ITS SECRETARY TO GENERAL EDUCATION
              DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
     2        THE DIRECTOR OF GENERAL EDUCATION
              DIRECTORATE OF GENERAL EDUCATION, JAGATHI,
              THIRUVANANTHAPURAM, PIN - 695014
     3        THE ASSISTANT EDUCATIONAL OFFICER - THODANNUR
              OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER THODANNUR,
              KOZHIKODE DISTRICT, PIN - 673001
     4        THE MANAGER
              KEEZHAL UP SCHOOL, POST KEEZHAL
              KOZHIKODE DISTRICT, PIN - 673104
              SMT. NISHA BOSE. SR. GOVERNMENT PLEADER

     THIS     WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
26.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC No.34829 of 2023
                                           2




                         T.R. RAVI, J.
              ------------------------------------
                W.P.(C.) No.34829 of 2023
              ------------------------------------
          Dated this the 26th day of October, 2023

                                    JUDGMENT

Admit. The Government Pleader takes notice for

respondents 1 to 3. Notice to the fourth respondent is

dispensed with.

2. The petitioner had approached this Court

earlier and by Ext.P11 judgment, this Court had

directed the third respondent to pass orders on the

approval of the appointment of the petitioner, at the

earliest, at any rate, within three weeks. The order

was issued, since the Government Pleader on

instructions had submitted that the AEO was in

receipt of the papers and is in the process of issuing

orders. The case of the petitioner itself is that the

Manager had complied with all required conditions of

setting apart vacancies for the protected teachers as WPC No.34829 of 2023

well as appointing person of the PWD category.

However, by Ext.P12, the approval has been rejected.

The order does not even refer to the judgment of this

Court and proceeds on the basis that the Manager has

not complied with the requirements. The order cannot

be sustained particularly in view of Ext.P11 judgment.

The writ petition is allowed. Ext.P12 is quashed.

There will be a direction to the third respondent to

reconsider the approval of the appointment of the

petitioner after hearing the petitioner and the fourth

respondent, at the earliest, at any rate, within one

month from the date of receipt of a copy of this

judgment.

Sd/-

T.R.RAVI

JUDGE SKP/26-10 WPC No.34829 of 2023

APPENDIX OF WP(C) 34829/2023

PETITIONER'S EXHIBITS:

EXHIBIT-P1 TRUE COPY OF THE RELEVANT PAGES OF THE STAFF FIXATION ORDER NO. D. DIS. D/52166/2022 OF SCHOOL FOR THE 2022-23 DATED 20.08.2022 EXHIBIT-P2 TRUE COPY OF THE ORDER NO. D/52166/2022 DATED 04.08.2023 ISSUED BY THE 3RD RESPONDENT EXHIBIT-P3 TRUE COPY OF THE APPOINTMENT ORDER IN FORM 27 DATED 01.10.2022 OF THE PETITIONER EXHIBIT-P4 TRUE COPY OF THE LETTER TO DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE DATED 08.06.2022 ALONG WITH THE POSTAL ACKNOWLEDGMENT CARD EXHIBIT-P5 TRUE COPY OF THE LETTER TO THE 3RD RESPONDENT ALONG WITH THE POSTAL ACKNOWLEDGMENT CARD DATED 08.06.2022 EXHIBIT-P6 TRUE COPY OF THE GO(RT) NO. 111/2022/G.EDN ISSUED BY THE GOVERNMENT DATED 25.06.2022 EXHIBIT-P7 TRUE COPY OF THE CIRCULAR NO.

H2/295299/2022/DGE ISSUED BY THE 2ND RESPONDENT DATED 31.03.2023 EXHIBIT-P8 TRUE COPY OF THE GO(RT) NO. 1291/2023/G.EDN OF THE GOVERNMENT DATED 14.02.2023 EXHIBIT-P9 TRUE COPY OF THE ORDER NO. D/41748/2023 ISSUED BY THE 3RD RESPONDENT DATED 27.05.2023 EXHIBIT-P10 TRUE COPY OF THE RPWD ROSTER DATA SUBMITTED BY THE 4TH RESPONDENT TO THE 3RD RESPONDENT EXHIBIT-P11 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WP(C) NO. 31696/2023 DATED 09.10.2023 EXHIBIT-P12 TRUE COPY OF THE ORDER NO. D54019/2023 OF THE 3RD RESPONDENT DATED 16.10.2023 EXHIBIT-P13 TRUE COPY OF THE GO(RT) NO. 102/2022/G.EDN OF THE GOVERNMENT DATED 08.06.2022 EXHIBIT-P14 TRUE COPY OF THE GO(MS) NO. 101/2023/G.EDN DATED 18.07.2023 RESPONDENTS' EXHIBITS:NIL

TRUE COPY

P.A. TO JUDGE