Kerala High Court
Sr.Limcy vs State Of Kerala on 16 February, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(C) NO. 25521 OF 2014 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 16TH DAY OF FEBRUARY 2024 / 27TH MAGHA, 1945
WP(C) NO. 25521 OF 2014
PETITIONER/S:
SR.LIMCY
AGED 40 YEARS
ST.JOSEPHS CONVENT, VADAKUMMURI P.O, KARIMKUNNAM
THODUPUZHA, IDUKKI DISTRICT
BY ADV SRI.JOSE J.MATHAIKAL
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL
EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT
THIRUVANANTHAPURAM.
2 THE DIRECTOR OF PUBLIC INSTRUCTIONS
THIRUVANANTHAPURAM.
3 THE DEPUTY DIRECTOR OF EDUCATION
KOTTAYAM.
4 THE DISTRICT EDUCATIONAL OFFICER
KOTTAYAM.
5 THE CORPORATE EDUCATIONAL AGENCY OF SCHOOLS
ARCHEPARCHY OF KOTTAYAM, CHAITHANYA PASTORAL CENTRE
THELLAKOM P.O, KOTTAYAM-686 630 REPRESENTED BY ITS
CORPORATE MANAGER
WP(C) NO. 25521 OF 2014 2
BY ADVS.
GOVERNMENT PLEADER
OTHER PRESENT:
SRI BIJOY CHANDRAN, SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 16.02.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 25521 OF 2014 3
P.V.KUNHIKRISHNAN, J
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W.P.(C.) No. 25521 of 2014
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Dated this the 16th day of February, 2024
JUDGMENT
The petitioner was appointed as the Upper Primary
School Assistant in St.Thomas High School, Kallara under the
5th respondent Manager from 26.06.2012 to 02.06.2014. It is
submitted that the above appointment was not approved by
the Department for the reason that the vacancy is not
established. According to the petitioner, the Government
circular says that the staff fixation of the previous year will
continue on account of the delay in completion of UID
enrollment of students. It is also the case of the petitioner that
in exactly similar circumstances, another course was
sanctioned in Kaipuzha school and salary paid to that teacher.
The main grievance of the petitioner is that the Government
rejected the statutory revision of the petitioner as per Ext.P6
even without giving an opportunity of hearing to the
petitioner. The counsel also relied the judgment of a Full
Bench Decision of this Court in Sudheer v. Susheela [2009
(4) KLT 29] in which this Court deprecated the consideration
of a revision and passing orders in the form of a letter in
violation of the Rules of Business. Hence, this writ petition is
filed with following prayers :
"i. To issue a writ of certiorari or such other appropriate
writ order or direction calling for the records relating to
Exhibits P1, P3, P4 and P6 and to quash them.
ii. To direct the respondents to forthwith approve the
services of the petitioner from 26/6/2012 to 2/6/2014 in the St
Thomas High School, Kallara and to pay salary and allowance
for the said period.
iii. To grant such other reliefs that may be deemed just and
proper by this Honourable court and to allow this WP with
costs." [sic]
2. Heard the learned counsel for the petitioner and the
learned Government Pleader.
3. The short point raised by the petitioner is that
Ext.P6 is an order passed in the revision filed by the Manager
without giving an opportunity of hearing either to the
petitioner or to the Manager. It is also submitted that Ext.P6 is
not a speaking order. The Government Pleader supported
Ext.P6 order. After hearing both sides, I am of the considered
opinion that there is force in the arguments of the petitioner
and Ext.P6 is to be set aside.
4. Moreover, Ext.P6 is in violation of the principles laid
down by the Full Bench of this Court in Sudheer's case
(supra).
Therefore, this writ petition is disposed of with the
following directions :
1) Ext.P6 is set aside.
2) The 1st respondent is directed to reconsider the revision
after giving an opportunity of hearing to the petitioner,
5th respondent and other affected parties, if any as
expeditiously as possible, at any rate, within four months
from the date of receipt of a certified copy of this
judgment.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
APPENDIX OF WP(C) 25521/2014
PETITIONER EXHIBITS
EXT.P1 - TRUE COPY OF ORDER DATED 19-7-
2012 ISSUED BY THE DEO
EXT.P2 - TRUE COPY OF THE APPEAL DATED 6-
8-2012 BEFORE THE DEPUTY DIRECTOR
EXT.P3 - TRUE COPY OF THE ORDER DATED 22-
11-2012 ISSUED BY THE DEPUTY DIRECTOR
EXT.P4 - TRUE COPY OF THE ORDER DATED 24-
6-2013 ISSUED BY THE DPI
EXT.P5 - TRUE COPY OF THE REVISION
PETITION FILED BEFORE THE GOVERNMENT
EXT.P6 - TRUE COPY OF THE ORDER DATED 16-
7-2014 ISSUED BY THE GOVERNMENT
EXT.P7 - TRUE COPY OF THE CIRCULAR DATED
6-6-2012 ISSUED BY THE GOVERNMENT
