Kerala High Court
Shigy Joseph vs State Of Kerala on 24 May, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
FRIDAY, THE 24TH DAY OF MAY 2024 / 3RD JYAISHTA, 1946
WP(C) NO. 18656 OF 2024
PETITIONER:
SHIGY JOSEPH
AGED 43 YEARS
W/O SHAJU M.A FORMER URDU TEACHER, SNGS UP SCHOOL,
KAKKATHURUTHI, IRINJALAKUDA, THRISSUR - 680122
(RESIDING AT MANJALY MATTATHIL HOUSE, CHERUVALOOR P.O,
KORATTY, THRISSUR, PIN - 680321
BY ADVS.
V.A.MUHAMMED
M.SAJJAD
RESPONDENTS:
1 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
AYYANTHOLE , THRISSUR, PIN - 680003
4 THE DISTRICT EDUCATIONAL OFFICER
IRINJALAKUDA, THRISSUR, PIN - 680121
5 THE ASSISTANT EDUCATIONAL OFFICER
IRINJALAKUDA, THRISSUR, PIN - 680121
6 THE MANAGER
SNGS UP SCHOOL, KAKKATHURUTHI, IRINJALAKUDA,
THRISSUR, PIN - 680122
7 THE HEADMASTER
SNGS UP SCHOOL, KAKKATHURUTHI, IRINJALAKKUDA,
THRISSUR, PIN - 680122
WP(C) NO. 18656 OF 2024
2
BY ADV
NISHA BOSE - GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 24.05.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 18656 OF 2024
3
JUDGMENT
The petitioner while working as LG Urdu Teacher (Part Time
Teacher) in the school managed by the sixth respondent, was
retrenched on the basis of the Staff Fixation Order for the academic
year 2023-24. The case of the petitioner is that, taking note of the
service of the petitioner, she is entitled to claim appointment in the
school in the next arising vacancy by virtue of Rule 51A of KER.
Now a vacancy of UPST has occurred in the school consequent to
retirement of one Smt.Sonia on 31.03.2024. According to her, as she
has every right to get appointment under Rule 51A, she has to be
given appointment to the said post. But, the sixth respondent
Manager is not taking any steps to issue appointment order in this
regard despite making a specific claim in this regard. In such
circumstances, the petitioner, submitted Ext.P7 representation before
the fifth respondent which is now pending consideration. The limited
prayer sought by the petitioner is to direct the fifth respondent to take
a decision thereon expeditiously. The learned counsel also expressed
the apprehension of the petitioner that the Manager is likely to make
WP(C) NO. 18656 OF 2024
a fresh appointment to the said post of UPST with another candidate
overlooking the legitimate claim of the petitioner.
After hearing the learned counsel for the petitioner and the
learned Government Pleader, I am of the view that, since the matter
is pending before the fifth respondent it is only proper that, a
decision be taken by him on Ext.P7. Therefore, this writ petition is
disposed of, directing the fifth respondent to take up Ext.P7 and pass
appropriate orders thereon, after hearing the petitioner, the sixth
respondent and the affected persons, if any. A decision in this regard
shall be taken within a period of one month from the date of receipt
of a copy of this judgment. However, considering the nature of the
claim raised by the petitioner, it is ordered that, till a decision is
taken by the fifth respondent in Ext.P7, appointment, if any, made by
the sixth respondent to fill up the post of UPST consequent to the
retirement of Smt.Sonia shall not be approved.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
scs
WP(C) NO. 18656 OF 2024
APPENDIX OF WP(C) 18656/2024
PETITIONER EXHIBITS
Exhibit P-1 TRUE COPY OF THE ORDER NO. C/9716/2021
DATED 08.04.2022 ISSUED BY AEO,
IRINJALAKUDA
Exhibit P-2 TRUE COPY OF THE STAFF FIXATION ORDER
FOR THE ACADEMIC YEAR 2023-2024 VIDE
ORDER NO. D.DIS/C/56866/2023 DATED
18.08.2023
Exhibit P-3 TRUE COPY OF THE DEGREE CERTIFICATE OF
THE PETITIONER ISSUED BY THE MAHATMA
GANDHI UNIVERSITY DATED 25.11.2002
Exhibit P-4 TRUE COPY OF THE B.ED CERTIFICATE OF
THE PETITIONER ISSUED BY THE MG
UNIVERSITY DATED 10.08.2005
Exhibit P-5 TRUE COPY OF THE K.TET CATEGORY II
CERTIFICATE OF THE PETITIONER DATED
27.11.2023
Exhibit P-6 TRUE COPY OF THE REPRESENTATION MADE BY
THE PETITIONER BEFORE THE MANAGER DATED
01.04.2024
Exhibit P-7 TRUE COPY OF THE REPRESENTATION OF THE
PETITIONER BEFORE THE ASSISTANT
EDUCATIONAL OFFICER DATED 13.05.2024
