K.G.Venuka vs The Manager,Dmsb School
2024 Latest Caselaw 5160 Ker

Citation : 2024 Latest Caselaw 5160 Ker
Judgement Date : 15 February, 2024

Kerala High Court

K.G.Venuka vs The Manager,Dmsb School on 15 February, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
    THURSDAY, THE 15TH DAY OF FEBRUARY 2024 / 26TH MAGHA, 1945
                        WP(C) NO. 24638 OF 2015
PETITIONER:

          K.G.VENUKA
          PART TIME MUSIC TEACHER, DMSB SCHOOL, KAKKAYUR, P.O
          KODUVAYUR, PALAKKAD - 678 501, RESIDING AT NEW STREET,
          KODUVAYUR, PALAKKAD
          BY ADVS.
          SRI.P.RAMAKRISHNAN
          SRI.C.ANIL KUMAR
          SMT.ASHA K.SHENOY
          SRI.S.K.HARISH
          SRI.T.C.KRISHNA
          SMT.PREETHI RAMAKRISHNAN
          SRI.PRATAP ABRAHAM VARGHESE


RESPONDENTS:

    1     THE HEADMISTRESS, D.M.S.B. SCHOOL
          KAKKAYUR P.O, KODUVAYOOR, PALAKKAD - 678 501
    2     THE DEPUTY DIRECTOR OF EDUCATION, OFFICE OF THE DEPUTY
          DIRECTOR OF EDUCATION, PALAKKAD - 678 001
    3     THE DIRECTOR OF PUBLIC INSTRUCTIONS,
          THYCAUD, THIRUVANANTHAPURAM - 695 014
    4     THE STATE OF KERALA
          REPRSENTED BY THE SECRETARY TO GOVERNMENT,GENERAL
          EDUCATION DEPARTMENT, THIRUVANANTHAPRUAM - 695 001
          BY ADV.
          SRI. BIJOY CHANDRAN, SENIOR GP



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 24638 OF 2015


                              2




             P.V.KUNHIKRISHNAN, J.
            ------------------------------
            W.P.(C)No. 24638 of 2015
    ----------------------------------------------
   Dated this the 15th day of February, 2024


                        JUDGMENT

The above writ petition is filed with the

following prayers:

"a) Issue a writ of certiorari or any other appropriate writ or order, quashing and setting aside Exhibits P-5 and P-7.

b) Issue a writ of mandamus or any other appropriate writ or order, directing respondents 2 to 4 to grant time bound higher grades to the petitioner, and

c) Issue such other writ, order or direction as are deemed just and proper on the facts and circumstances of the case."[SIC]

2. The petitioner was a Part-time music

teacher. She had sought time bound higher grades.

The Government rejected it as per Ext.P1. The writ WP(C) NO. 24638 OF 2015

petition filed by her against Ext.P1 was dismissed

as per Ext.P2 judgment. According to the

petitioner, another part-time teacher approached

this Court and this Court delivered Ext.P3 judgment

in which it is stated that there is no restriction in

the Government orders to grant time bound higher

grades in so far as part-time teachers are

concerned. It is also submitted that the writ appeal

against Ext.P3 judgment is also dismissed. Hence,

the petitioner again submitted Ext.P6. But the

same is rejected as per Ext.P7 without referring

Ext.P3. Hence this writ petition is filed.

3. Heard the learned counsel appearing for

the petitioner and the learned Government Pleader.

4. Counsel for the petitioner reiterated the

contentions raised in this Writ petition. The learned

Government Pleader submitted that the petitioner WP(C) NO. 24638 OF 2015

approached this Court earlier and this Court

rejected the claim as per Ext.P2. Therefore, the

petitioner can not re-agitate the same. But the

counsel appearing for the petitioner submitted

that, Ext.P3 judgment came subsequent to Ext.P2

judgment and the authority has not even adverted

Ext.P3 while passing Ext.P7.

5. After hearing both sides, I think the

matter can be send back to the 4th respondent for

reconsideration. To facilitate the Government to

pass fresh order, Ext.P7 can be set aside. I make it

clear that I have not considered the matter on

merit and the Government is free to pass

appropriate orders. But while deciding the matter,

the Government shall also consider Ext.P3

judgment.

Therefore, this writ petition is disposed of in WP(C) NO. 24638 OF 2015

the following manner:

(1) Ext.P7 is set aside.

(2) The 4th respondent is directed to reconsider

the matter, after giving an opportunity of

hearing to the petitioner, as expeditiously

as possible, at any rate, within four months

from the date of receipt of a copy of this

judgment.

(3) Petitioner will produce a certified copy of

this judgment along with a copy of this Writ

petition with exhibits before the 4 th

respondent for compliance.

Sd/-

P.V.KUNHIKRISHNAN DM JUDGE WP(C) NO. 24638 OF 2015

APPENDIX OF WP(C) 24638/2015

PETITIONER EXHIBITS EXHIBIT P-1 TRUE COPY OF LETTER DATED 09/06/2008 ISSUED BY THE 4TH RESPONDENT EXHIBIT P-2 TRUE COPY OF JUDGMENT DATED 17/09/2008 IN WP(C) NO

EXHIBIT P-3 TRUE COPY OF JUDGMENT DATED 25/1/2012 IN WP(C) NO

EXHIBIT P-4 TRUE COPY OF GOVERNMENT ORDER DATED 7/8/2013 EXHIBIT P-5 TRUE COPY OF LETTER DATED 23/6/2014 FROM THE 2ND RESPONDENT TO THE HEADMISTRESS OF DMSB SCHOOL EXHIBIT P-6 TRUE COPY OF REPRESENTATION DATED 22/07/2014 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT EXHIBIT P-7 TRUE COPY OF LETTER DATED 23/1/2015 ISSUED BY THE 4TH RESPONDENT

RESPONDENTS EXHIBITS : NIL

//TRUE COPY// PA TO JUDGE