Kerala High Court
Manju P. Scaria vs The State Of Kerala on 15 February, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 15TH DAY OF FEBRUARY 2024 / 26TH MAGHA, 1945
WP(C) NO. 5927 OF 2024
PETITIONERS:
1 MANJU P. SCARIA, AGED 38 YEARS
WIFE OF SAGIN C. VARGHEESE,
UPPER PRIMARY SCHOOL TEACHER,
M G M U P SCHOOL, KOTTAMALA,
NELESWARAM, KASARGODE DISTRICT
(RESIDING AT CHENKIRETH HOUSE,
KOTTAMALA P O, NELESWARAM,
KASARGODE DISTRICT-671 314), PIN - 671314
2 LINI PHILIP, AGED 40 YEARS
WIFE OF JINU K. KOSHY,
FORMERLY UPPER PRIMARY SCHOOL TEACHER,
M G M U P SCHOOL, KOTTAMALA, NELESWARAM,
KASARGODE DISTRICT
(NOW WORKING AS UPST,
M G D HIGH SCHOOL FOR GIRLS,
KUNDARA, KOLLAM DISTRICT-691501
(RESIDING AT CHENKELLOOR SADANAM,
EDAKKIDAM P O, CHOWALLOOR,
KOLLAM DISTRICT-691 505), PIN - 671314
BY ADVS.
V.A.MUHAMMED
V.RAJASEKHARAN NAIR
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT,
SECRETARIAT ANNEXE-II,
THIRUVANANTHAPURAM, PIN - 695001
2 THE DIRECTOR OF GENERAL EDUCATION
JAGATHY, THIRUVANANTHAPURAM, PIN - 695014
3 THE DEPUTY DIRECTOR OF EDUCATION
CIVIL STATION, VIDYA NAGAR P O,
KASARGODE DISTRICT, PIN - 671123
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WP(C) No.5927 of 2024
4 THE DISTRICT EDUCATIONAL OFFICER
LAKSHMI NAGAR, ALAMI PALLI,
KANHANGAD, KASARGODE DISTRICT, PIN - 671315
5 THE ASSISTANT EDUCATIONAL OFFICER
CHITTARIKKAL,
KASARAGODE DISTRICT, PIN - 671326
6 THE CORPORATE MANAGER
CATHOLICATE & M D SCHOOLS DEVALOKAM,
KOTTAYAM DISTRICT, PIN - 686001
SMT.NISHA BOSE, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) No.5927 of 2024
MOHAMMED NIAS C.P., J.
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WP(C) No.5927 of 2024
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Dated this the 15th day of February, 2024
JUDGMENT
The petitioner has preferred Ext.16 revision, claiming approval of the
appointment. Learned counsel for the petitioner submits that his claim is covered
on the basis of Ext.P13 Government Order and Ext.P14 declaration. Since no
orders have been passed on the same so far, a direction is sought to the first
respondent to dispose of the same.
2. Accordingly, there will be a direction to the first respondent to take up
Ext.P16 and pass orders in accordance with law, with notice to the petitioner and
other affected parties, if any, within an outer time limit of four months from the
date of receipt of a copy of this judgment It will be open to the petitioner to
produce such documents to substantiate the contentions, which will be adverted
to by the first respondent while considering the revision.
The writ petition is disposed of as above.
Sd/-
MOHAMMED NIAS C.P.
JUDGE
dlk/15.2.2024
APPENDIX OF WP(C) 5927/2024
PETITIONERS EXHIBITS
EXHIBIT P-1 TRUE COPY OF THE APPOINTMENT ORDER NO.
M.94/M.9/304/16 DATED 01.06.2016 OF THE 1ST
PETITIONER ISSUED BY THE 6TH RESPONDENT
EXHIBIT P-2 TRUE COPY OF THE ORDER NO. C/3125/ 2016/K.DIS
DATED 19.09.2016 OF THE AEO, CHITTARICKAL
EXHIBIT P-3 TRUE COPY OF THE ORDER NO. B5/9833/16/K.DIS
DATED 30.11.2016 OF THE DEO, KANHANGAD
EXHIBIT P-4 TRUE COPY OF THE ORDER NO.
G5/8350/2020/DGE/K.DIS DATED 19.03.2022 OF THE
ADDITIONAL DIRECTOR (ACADEMIC) ATTACHED TO THE
OFFICE OF THE 2ND RESPONDENT
EXHIBIT P-5 TRUE COPY OF THE APPOINTMENT ORDER NO.
M.94/M.9/747/17 DATED 01.08.2017 OF THE 1ST
PETITIONER ISSUED BY THE 6TH RESPONDENT
EXHIBIT P-6 TRUE COPY OF THE ORDER NO. C/4138/2017/K.DIS
DATED 28.09.2017 OF THE AEO, CHITTARICKAL
EXHIBIT P-7 TRUE COPY OF THE ORDER NO. M.94/ M.9/877/18
DATED 28.06.2018 OF THE 1ST PETITIONER ALONG
WITH APPROVAL RECORDED THEREON
EXHIBIT P-8 TRUE COPY OF THE APPOINTMENT ORDER NO.
L.53/M.9/722/17 DATED 01.08.2017 OF THE 2ND
PETITIONER ISSUED BY THE 6TH RESPONDENT
EXHIBIT P-9 TRUE COPY OF THE ORDER NO. C/4135/2017/K.DIS
DATED 07.02.2019 OF THE AEO, CHITTARICKAL
EXHIBIT P-10 TRUE COPY OF THE ORDER NO. B5/1545/2019/K.DIS
DATED 23.07.2019 OF THE DEO, KANHANGAD
Exhibit P-11 TRUE COPY OF THE ORDER NO.
G5/9548/2019/DGE/K.DIS DATED 18.09.2020 OF THE
ADDITIONAL DIRECTOR (ACADEMIC) ATTACHED TO THE
OFFICE OF THE 2ND RESPONDENT
EXHIBIT P-12 TRUE COPY OF THE APPOINTMENT ORDER NO.
L.53/M.9/609/18 DATED 02.06.2018 ALONG WITH
APPROVAL RECORDED THEREON
EXHIBIT P-13 TRUE COPY OF THE G.O. (P) NO. 4/2021/G.EDN.
DATED 06.02.2021
EXHIBIT P-14 TRUE COPY OF THE DECLARATION DATED 01.12.2023 OF
THE MANAGER
EXHIBIT P-15 TRUE COPY OF THE ORDER NO. B6/35194/2022 DATED
25.07.2022 OF THE DEO, KOLLAM
EXHIBIT P-16 TRUE COPY OF THE COMBINED REVISION PETITION
DATED 01.02.2024
EXHIBIT P-17 TRUE COPY OF THE G.O. (RT.) 1489/2016/G.EDN
DATED 26.04.2016
