Kerala High Court
Steffy M K vs State Of Kerala on 3 September, 2024
2024:KER:66540
WPC.No.29836/24 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
TUESDAY, THE 3RD DAY OF SEPTEMBER 2024 / 12TH BHADRA,
1946
WP(C).NO.29836 OF 2024
PETITIONER:
STEFFY M.K.,
AGED 35 YEARS,
LOWER PRIMARY SCHOOL TEACHER, KOORIKUZHI AM UP
SCHOOL KAIPAMANGALAM, THRISSUR W/O.JITHIN RAJ
K R, KOLAMATH HOUSE, ANANDAPURAM, THRISSUR,
PIN - 680 325.
BY ADVS.
M.A.FAYAZ
M.VISHNUPRIYA
C.B.ABHINAVA
RESPONDENTS:
1 STATE OF KERALA,
REP. BY SECRETARY TO THE GOVERNMENT, GENERAL
EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695 001.
2 DIRECTOR GENERAL OF EDUCATION,
O/O.THE DIRECTOR GENERAL OF EDUCATION JAGATHI,
THIRUVANANTHAPURAM, PIN - 695 014.
3 DEPUTY DIRECTOR OF EDUCATION,
O/O THE DEPUTY DIRECTOR OF EDUCATION,
THRISSUR, PIN - 680 020.
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WPC.No.29836/24 2
4 ASSISTANT EDUCATIONAL OFFICER,
O/O THE ASSISTANT EDUCATIONAL OFFICER
VALAPPAD, THRISSUR, PIN - 680 103.
5 DISTRICT EDUCATIONAL OFFICER,
O/O.THE DISTRICT EDUCATIONAL OFFICER
CHAVAKKAD, KOORIKUZHI AM UP SCHOOL AND
MANAGER, KAIPAMANGALAM, THRISSUR, PIN - 680
020.
6 ASSISTANT EDUCATIONAL OFFICER,
O/O.THE ASSISTANT EDUCATIONAL OFFICER,
WADAKKANCHERY, PIN - 680 582.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 03.09.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WPC.No.29836/24 3
JUDGMENT
The petitioner is working as LPST in the AM UP
School, Kaipamangalam. The petitioner submitted this writ
petition being aggrieved by Ext.11 order passed by the 4 th
respondent, by which the approval of the appointment of the
petitioner as LPST was declined.
2. In Ext.P11 order, three reasons are stated for
denying the approval. Firstly, it was found that there was a
delay of 82 days in submitting the proposal. Secondly, it was
found that the approval of the appointment of one of the
seniors of the petitioner is pending consideration. Thirdly, it
was pointed out that, the manager did not affect the
appointment of physically disabled person.
3. The case of the petitioner is that, as far as the delay
in submitting the proposal is concerned, the same was
condoned by the 3rd respondent as per Ext.P12 order. As far
as the approval of the appointment of the senior is
concerned, it was admitted by the learned Government
Pleader that the same has also been approved, and hence,
that impediment is also no longer in existence. When comes
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to the third objection, namely, lack of appointment of the
physically disabled person, it is to be noted that, in Ext.P11,
it is found that the petitioner is a claimant under Rule 51A
Chapter XIV A KER and therefore, the lack of appointment of
the physically disabled person cannot be treated as an
impediment as far as such claimant is concerned. This is
particularly because, the claim under Rule 51A of Chapter
XIV A KER will get preference over the physically disabled
persons. Thus, as of now, the legal impediments highlighted
in Ext.P11 are not in existence.
4. In such circumstances, Ext.P11 has to be
interfered with. Accordingly, this writ petition is disposed of
quashing Ext.P11 with a direction to the 4 th respondent to
reconsider the proposal of appointment of the petitioner, in
the light of Ext.P12 order and also in the light of the
observations made in this judgment. The orders in this
regard shall be passed by the 4th respondent within a period
of one month from the date of receipt of a copy of this
judgment after hearing the petitioner and the Manager.
However, it is clarified that, even though the petitioner
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raised a claim with regard to the disbursement of arrears of
salary from 03.06.2013 to 31.12.2015, no decision has been
taken in this writ petition with respect to the same and the
contention of all the parties with respect to the same are left
open.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
DG/3.9.24
2024:KER:66540
APPENDIX OF WP(C) 29836/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE PROCEEDINGS ISSUED
BY THE 3RD RESPONDENT DISQUALIFYING
V.C PRAVEEN AS THE MANAGER OF THE
SCHOOL VIDE ORDER NO.DDE
TSR/2082/2022-B6 DATED 05.07.2024
Exhibit P2 TRUE COPY OF THE ORDER NO.DDE
TSR/6112/2024-B1 DATED 17.07.2024
ISSUED BY THE 3RD RESPONDENT
Exhibit P3 TRUE COPY OF ORDER NO. C/423/19 K.DIS
DATED 25.03.2019 ISSUED BY THE 4TH
RESPONDENT
Exhibit P4 TRUE COPY OF THE COMBINED SENIORITY
LIST DATED 01.01.2016
Exhibit P5 TRUE COPY OF THE RELEVANT EXTRACT OF
THE ATTENDANCE REGISTER FOR THE
ACADEMIC YEAR 2016-2017
Exhibit P6 TRUE COPY OF THE RELEVANT EXTRACT OF
THE ATTENDANCE REGISTER FOR THE
ACADEMIC YEAR 2017-2018
Exhibit P7 TRUE COPY OF THE RELEVANT EXTRACT OF
THE ATTENDANCE REGISTER FOR THE
ACADEMIC YEAR 2018-2019
Exhibit P8 TRUE COPY OF THE BIRTH CERTIFICATE
ISSUED TO PETITIONER’S SON
MASTER LAKSHMAN K J DATED 04.04.2023
Exhibit P9 TRUE COPY OF THE FABRICATED CONSENT
LETTER PURPORTEDLY ISSUED BY THE
PETITIONER DATED 11.04.2019
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Exhibit P10 TRUE COPY OF THE APPOINTMENT ORDER
DATED 01.06.2021
Exhibit P11 TRUE COPY OF THE ORDER
NO.C/19598/2021 DATED 27.10.2022
ISSUED BY THE 4TH RESPONDENT
Exhibit P12 TRUE COPY OF THE ORDER NO.4132/2024-
B4/DDE DATED 20.06.2024
Exhibit P13 TRUE COPY OF THE APPLICATION
SUBMITTED FOR OPENING OF THE
PROVIDENT FUND ACCOUNT
Exhibit P14 TRUE COPY OF THE REPLY VIDE LETTER NO
B/2332/2021 DATED 09.09.2021 ISSUED
BY THE 4TH RESPONDENT
Exhibit P15 TRUE COPY OF THE INTERIM ORDER IN
W.P(C)NO.7821/2023 DATED 30.03.2023
