Kerala High Court
Jameela K vs The State Of Kerala on 5 September, 2024
2024:KER:68431
1
WP(C) Nos.29330 & 29363 of 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.M.MANOJ
THURSDAY, THE 5TH DAY OF SEPTEMBER 2024 / 14TH BHADRA,
1946
WP(C) NO. 29363 OF 2024
PETITIONER:
SHIFA K , AGED 44 YEARS
W/O ANVER M K HST (SS) AMHSS, TIRURKAD,
MALAPPURAM DISTRICT - 679 321 (RESIDING AT
SAL SABEEL TIRURKAD, MALAPPURAM DISTRICT, PIN
- 679321
BY ADVS.
V.A.MUHAMMED
M.SAJJAD
RESPONDENTS:
1 THE STATE OF KERALA, REPRESENTED BY ITS
PRINCIPAL SECRETARY TO GOVERNMENT, GENERAL
EDUCATION DEPARTMENT, SECRETARIAT ANNEX II,
THIRUVANANTHAPURAM, PIN - 695001
2 THE DIRECTOR OF GENERAL EDUCATION, JAGATHY
P.O., THIRUVANANTHAPURAM,, PIN - 695014
3 THE DEPUTY DIRECTOR OF EDUCATION,
DOWN HILL, MALAPURAM DISTRICT, PIN 676 505
4 THE DISTRICT EDUCATIONAL OFFICER,
UP HILL, MALAPPURAM DISTRICT, PIN -676 505
5 THE MANAGER, AMHSS, TIRURKAD, MALAPPURAM
DISTRICT PIN-679 321
ADV. PREMCHAND R. NAIR, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 05.09.2024, ALONG WITH WP(C).29330/2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2024:KER:68431
2
WP(C) Nos.29330 & 29363 of 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.M.MANOJ
THURSDAY, THE 5TH DAY OF SEPTEMBER 2024/14TH BHADRA,
1946
WP(C) NO. 29330 OF 2024
PETITIONER/S:
JAMEELA K, AGED 52 YEARS
D/O. MOHAMMED ALIAS BAPPUTTY HAJI, HIGH
SCHOOL TEACHER (SOCIAL SCIENCE), A M HIGHER
SECONDARY SCHOOL, THIRURKAD, MALAPPURAM
DISTRICT, PIN - 679321
BY ADV V.A.MUHAMMED
RESPONDENT/S:
1 THE STATE OF KERALA
REPRESENTED BY ITS PRINCIPAL SECRETARY TO
GOVERNMENT, GENERAL EDUCATION DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 THE DIRECTOR OF GENERAL EDUCATION
OFFICE OF THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THIRUVANNATHAPURAM, PIN - 695014
3 THE DEPUTY DIRECTOR OF EDUCATION
OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION,
MALAPPURAM; DOWN HILL, PIN - 679505
4 THE DISTRICT EDUCATIONAL OFFICER
OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,
MINI CIVIL STATION, MALAPPURAM, PIN - 679506
5 THE MANAGER, A M HIGHER SECONDARY SCHOOL,
THIRURKAD, MALAPPURAM DISTRICT, PIN - 679321
ADV. PREMCHAND R. NAIR, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 05.09.2024, ALONG WITH WP(C).29363/2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2024:KER:68431
3
WP(C) Nos.29330 & 29363 of 2024
JUDGMENT
Dated this the 5th day of September, 2024
Both the writ petitions pertain to the non approval
of promotion to the respective petitioners in the 5 th
respondent School in the respective writ petitions. The
grievance voiced in these writ petitions is with respect to
non consideration of Ext.P12 revision preferred before the
1st respondent in both the cases.
2. The petitioners were appointed as UPSAs in the
5th respondent School. While continuing so, they were
promoted as HSTs. However, their approval of promotion
was declined by the District Educational Officer on the
ground that the petitioners lack K-TET III qualification.
Under such circumstances, petitioners moved to the 1 st
respondent under Rule 92 Chapter XIV A KER on the
ground that revision petitions are maintainable against such
rejection of approval of promotion in the light of the
reported judgment of this Court in Ravindra Babu v.
State of Kerala and others [1987 (1) KLT 472].
Petitioners seek disposal of revision petitions preferred in
both the writ petitions as Ext.P12.
2024:KER:68431
WP(C) Nos.29330 & 29363 of 2024
3. I have heard the learned counsel appearing for
the petitioners and the learned Government Pleader.
Considering the limited nature of prayer sought for, notice
to the 5th respondent in both the writ petitions are
dispensed with.
Therefore, these writ petitions are disposed of in
the following manner:
1. The 1st respondent is directed to consider
Ext.P12 revisions in both the writ petitions
preferred by the respective petitioners, within a
period of four months from the date of receipt of a
certified copy of this judgment.
2. While considering the revisions as directed
above, the 1st respondent shall afford an
opportunity of hearing to the petitioners, Manager
and other affected parties, if any.
3. The petitioners shall produce a copy of this writ
petition together with a copy of this judgment
before the 1st respondent for compliance.
sd/-
P.M.MANOJ
JUDGE
das
2024:KER:68431
WP(C) Nos.29330 & 29363 of 2024
APPENDIX OF WP(C) 29330/2024
PETITIONER EXHIBITS
Exhibit P-1 TRUE COPY OF THE APPOINTMENT ORDER
DATED 04.06.2007 AND THE APPROVAL
RECORDED THEREON
Exhibit P-2 TRUE COPY OF THE APPOINTMENT ORDER
DATED 25.06.2007 ALONG THE APPROVAL
RECORDED THEREON
Exhibit P-3 TRUE COPY OF THE APPOINTMENT ORDER
DATED 01.08.2009 AND THE APPROVAL
RECORDED THEREON
Exhibit P-4 TRUE COPY OF THE APPOINTMENT ORDER
DATED 01.01.2014 AND THE APPROVAL
RECORDED THEREON
Exhibit P-5 TRUE COPY OF THE ORDER NO.
B5/45447/2023 DATED 22.09.2023 OF THE
DEO, MALAPPURAM
Exhibit P-6 TRUE COPY OF THE APPOINTMENT ORDER
DATED 01.06.2017
Exhibit P-7 TRUE COPY OF THE PROMOTION ORDER DATED
01.06.2023
Exhibit P-8 TRUE COPY OF THE ORDER NO.
B5/48055/2023 DATED 12.12.2023 OF THE
DEO, MALAPPURAM
Exhibit P-9 TRUE COPY OF THE G.O. (P) NO.
244/12/G.EDN. DATED 25.07.2012
Exhibit P-10 TRUE COPY OF THE G.O. (MS.) NO.
134/2017/G.EDN. DATED 30.10.2017
Exhibit P-11 TRUE COPY OF THE CIRCULAR NO.
1866829/J3/ 17/G.EDN. DATED09.03.2018,
Exhibit P-12 TRUE COPY OF THE REVISION PETITION
DATED 30.07.2024 SUBMITTED BEFORE THE
1ST RESPONDENT
Exhibit P-13 TRUE COPY OF THE DECISION REPORTED IN
1987 KHC 145=1987 (1) KLT 472
(RAVINDRA BABU V. STATE OF KERALA AND
OTHERS DECIDED ON 17.02.1987)
2024:KER:68431
WP(C) Nos.29330 & 29363 of 2024
APPENDIX OF WP(C) 29363/2024
PETITIONER EXHIBITS
Exhibit P-1 TRUE COPY OF THE APPOINTMENT ORDER
OF THE PETITIONER DATED 05.06.2006
ALONG WITH APPROVAL RECORDED THEREON
Exhibit P-2 TRUE COPY OF THE APPOINTMENT ORDER
OF THE PETITIONER DATED 04.08.2009
ALONG WITH APPROVAL RECORDED THEREON
Exhibit P-3 TRUE COPY OF THE APPOINTMENT ORDER
OF THE PETITIONER DATED 21.06.2010
ALONG WITH APPROVAL RECORDED THEREON
Exhibit P-4 TRUE COPY OF THE APPOINTMENT ORDER
OF THE PETITIONER DATED 03.06.2013
ALONG WITH APPROVAL RECORDED THEREON
Exhibit P-5 TRUE COPY OF THE APPOINTMENT ORDER
OF THE PETITIONER DATED 03.06.2014
ALONG WITH APPROVAL RECORDED THEREON
Exhibit P-6 TRUE COPY OF THE APPOINTMENT ORDER
OF THE PETITIONER DATED 01.06.2016
ALONG WITH APPROVAL RECORDED THEREON
Exhibit P-7 TRUE COPY OF THE PROMOTION ORDER
DATED 01.06.2023
Exhibit P-8 TRUE COPY OF THE REJECTION ORDER OF
THE DISTRICT EDUCATIONAL OFFICER,
MALAPPURAM VIDE NO.B5/48053/2023
DATED 12.12.2023
Exhibit P-9 TRUE COPY OF THE VIDE G.O.
(P).NO.244/12/GEDN DATED 25.07.2012
Exhibit P-10 TRUE COPY OF THE G.O.
(MS.)NO.134/2017/GEDN DATED
30.10.2017
Exhibit P-11 TRUE COPY OF THE CIRCULAR
NO.1866829/J3/17/GEDN DATED
2024:KER:68431
WP(C) Nos.29330 & 29363 of 2024
09.03.2018
Exhibit P-12 TRUE COPY OF THE REVISION PETITION
SUBMITTED BY THE PETITIONER BEFORE
THE GOVERNMENT DATED 30.07.2024
(WITHOUT EXHIBITS)
Exhibit P-13 TRUE COPY OF THE DECISION REPORTED
IN 1987 (1) KLT 472 (RAVINDRA BABU
V. STATE OF KERALA)
