Kerala High Court
Neethi P vs The State Of Kerala on 27 March, 2024
Author: Sathish Ninan
Bench: Sathish Ninan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
WEDNESDAY, THE 27TH DAY OF MARCH 2024 / 7TH CHAITHRA, 1946
WP(C) NO. 1626 OF 2013
PETITIONER:
NEETHI P.
AGED 36 YEARS
LOWER PRIMARY SCHOOL ASSISTANT, KOZHUR UPPER PRIMARY SCHOOL,
P.O.ERUVALLY, KANNUR DISTRICT.
BY ADVS.
SRI.M.P.ASHOK KUMAR
SRI.S.A.ABDUL SALEEM
SRI.S.NANDAGOPAL
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION
DEPARTMENT, SECRETARIAT, THRUVANANTHAPURAM, PIN-695001.
2 THE ASSISTANT EDUCATONAL OFFICER
THALASSERY NORTH, KANNUR DISTRICT, PIN-670101.
3 DISTRICT EDUCATIONAL OFFICER
THALASSERY, KANNUR DISTRICT, PIN-670101.
4 THE MANAGER
KOZHUR UPPER PRIMARY SCHOOL, ERUVALLY P.O. 670647.
5 SMITHA KOOVAKKA
'BHAVANA', P.O.ERUVALLY, KANNUR DISTRICT-670647.
BY ADVS.
GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
SATHISH NINAN, J.
==========================
W.P.(C) No.1626 OF 2013
==========================
Dated this the 27th day of March, 2024
JUDGMENT
The petitioner has approached this Court challenging
Ext.P7 Government Order, declining her appointment to the
post of LPSA with due regard to her Rule 51A claim.
2. The dispute involved in this writ petition is
centered around the appointment to the post of LPSA in
the 4th respondent school.
3.The petitioner is TTC holder. On 08.06.2005, the
petitioner was appointed as LPSA in the 4th respondent
school. Subsequently, in the year 2008 there occurred
division fall. Consequently, the petitioner was
retrenched from service with effect from 15.07.2007.
4. On 31.03.2011, there arose a retirement vacancy.
As per Ext.P2 order dated 23.06.2011, the 4th respondent
WP(C) No.1626 OF 2013
purported to appoint the petitioner 'temporarily' to
the said post.
5. In the meanwhile, on 31.05.2011, the
petitioner had submitted Ext.P4 request before the
4th respondent seeking her appointment as LPSA with
effect from 01.06.2011 towards the retirement
vacancy that had occurred and having due regard to
her claim under Rule 51A of Chapter XIV of the KER.
The 5th respondent raised a rival claim to the said
post. She claimed that she was also a Rule 51A
claimant, who was appointed earlier in point of
time. Hence, she is liable to be appointed. The
Assistant Educational Officer passed Ext.P5 order,
considering the rival claims and upheld the claim of
the 5th respondent.
6. The 5th respondent was not a TTC holder. She
possessed only a B.Ed Degree.
WP(C) No.1626 OF 2013
7. Challenging Ext.P5 order, the petitioner
approached the District Educational Officer. As per
Ext.P6 order dated 23.09.2011, the District
Educational Officer set aside Ext.P5 order, and
upheld the claim of the petitioner. It was noticed
that the qualification for appointment to the post
of LPSA was TTC and not B.Ed Degree.
8. Challenging Ext.P6 order of the District
Educational Officer, the 5th respondent approached
the Government. The Government, as per Ext.P7,
interfered with Ext.P6 order of the District
Educational Officer and upheld the claim of the 5th
respondent. The order was passed considering the
seniority interse between the rival 51 A claimants.
Ext.P7 is under challenge in this writ petition.
9. Heard the learned Counsel for the petitioner
and the learned Senior Government Pleader.
WP(C) No.1626 OF 2013
10. Chapter XXXI Rule 4 of the KER provides TTC
as the qualification for Lower Primary School
Assistant. In Latha v. State of Kerala [2003 (1) KLT
949 (SC)], the Apex Court held that the necessary
qualification for appointment as teacher in the
primary school is TTC, and that a B.Ed Degree holder
cannot be held to be holding sufficient
qualification without a TTC. The Government had
issued Ext.P3 order dated 26.06.2000 that as per
amended Rules 3 and 4 of Chapter XXXI of KER, only
TTC holders are eligible to be appointed as LPSA and
not B.Ed holders.
11. In the light of the above, there could not
be any dispute with regard to the qualification
required for appointment as LPSA. In Ext.P7
Government Order, the reason stated is the seniority
of the 5th respondent over the petitioner. However,
WP(C) No.1626 OF 2013
the fact that the 5th respondent did not possess the
required qualification was not given due
consideration. The required qualification being TTC,
and the 5th respondent not being a TTC holder, she
could not have been appointed to the post of LPSA,
solely relying on the prior claim under Rule 51A.
Ext.P7 order is thus liable to be quashed.
12. It is brought to the notice of this Court
that as per Ext.P8 order dated 26.07.2012, the
petitioner was appointed as a cluster coordinator.
It is also pointed out that on 21.02.2018, the
petitioner was appointed to the subsequent vacancy
of LPSA that arose in the school.
13. Now, the grievance of the petitioner
remains to her entitlements and regularization of
service during the period from 01.06.2011 till
21.02.2018. It would be sufficient if the petitioner
WP(C) No.1626 OF 2013
approaches the 1st respondent with a representation
in the said regard and the 1st respondent considers
the same.
Accordingly, the writ petition is disposed of
directing the 1st respondent that in the event the
petitioner approaches within a period of one month
with a representation with regard to regularisation,
the same shall be considered and appropriate orders
passed after hearing the petitioner.
Sd/-
SATHISH NINAN
JUDGE
NB/27-3
APPENDIX OF WP(C) 1626/2013
PETITIONER EXHIBITS
EXHIBIT P1 PHOTOCOPY OF THE APPOINTMENT ORDER DATED
08.06.2005
EXHIBIT P2 PHOTOCOPY OF THE ORDER DATED 23.06.2011 ISSUED BY
THE MANAGER, KOZHUR U.P SCHOOL
EXHIBIT P3 PHOTOCOPY OF THE NO. 26327/J3/2000/G.Edn. DATED
26.06.2000
EXHIBIT P4 PHOTOCOPY OF THE REPRESENTATION DATED 31.05.2011.
EXHIBIT P5 PHOTOCOPY OF THE ORDER DATED 02.08.2011
EXHIBIT P6 A COPY OF THE ORDER PASSED BY THE DEO DATED
23.09.2011.
EXHIBIT P7 PHOTOCOPY OF THE ORDER NO. G.O.(Rt) No. 5294/2012
GEdn. DATED 05.11.2012.
EXHIBIT P8 PHOTOCOPY OF THE ORDER DATED 26.07.12
EXHIBIT P9 PHOTOCOPY OF THE ORDER DATED 31.07.2012 ISSUED BY
THE DISTRICT PROJECT OFFICER.
EXHIBIT P10 PHOTOCOPY OF THE ORDER NO. B3/16613/17/A DATED
06.02.2018 ISSUED BY THE 5TH RESPONDENT
EXHIBIT P11 PHOTOCOPY OF THE ORDER No. G4/41543/2018/DPI/K.Dis
DATED 04.02.2019 ISSUED BY THE DPI.
RESPONDENTS EXHIBITS:
EXHIBIT R1(a) COPY OF G.O.(MS) No. 42/11/G.Edn DATED 16.02.2011
TRUE COPY
P.A. TO JUDGE
