Kerala High Court
Greeshma.S vs District Education Officer on 11 September, 2024
2024:KER:69997
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.M.MANOJ
WEDNESDAY, THE 11TH DAY OF SEPTEMBER 2024 / 20TH BHADRA, 1946
WP(C) NO. 32166 OF 2024
PETITIONERS:
ARYA RAJ
AGED 37 YEARS
W/O ADARSH.V.S,
SOUPARNIKA,MAYYANAD,
KOLLAM DISTRICT, PIN - 691303
BY ADV H.VISHNUDAS
RESPONDENTS:
1 DISTRICT EDUCATION OFFICER
OFFICE OF THE DISTRICT EDUCATION OFFICER,CIVIL
STATION,KOLLAM, PIN - 691013
2 DEPUTY DIRECTOR OF EDUCATION
OFFICE OF THE DEPUTY DIRECTOR OF
EDUCATION,GOVERNMENT B.H.S.S CAMPUS,THEVALLY
P.O,KOLLAM, PIN - 691009
3 ADDITIONAL DIRECTOR OF GENERAL EDUCATION
(GENERAL/ACADAMIC)
DIRECTORATE OF GENERAL
EDUCATION,JAGATHI,THIRUVANATHAPURAM, PIN - 695014
4 DIRECTOR OF GENERAL EDUCATION
DIRECTORATE OF GENERAL EDUCATION,JAGATHI,
THIRUVANATHAPURAM, PIN - 695014
WP(C) Nos.32166 & 32167 of 2024
2
2024:KER:69997
5 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO
GOVERNMENT,GENERAL EDUCATION
DEPARTMENT,SECRETARIAT ANNEX
II,THIRUVANATHAPURAM, PIN - 695001
6 THE MANAGER
MAYYANAD HIGHER SECONDARY SCHOOL,
MAYYANAD P.O,KOLLAM, PIN - 691303
OTHER PRESENT:
ADV NISHA BOSE-SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 11.09.2024, ALONG WITH WP(C).32167/2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.32166 & 32167 of 2024
3
2024:KER:69997
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.M.MANOJ
WEDNESDAY, THE 11TH DAY OF SEPTEMBER 2024 / 20TH BHADRA,
1946
WP(C) NO. 32167 OF 2024
PETITIONER/S:
GREESHMA.S
AGED 41 YEARS
W/O VARUN,INCHIVILAYIL,
MARUTHADI, KOLLAM DISTRICT., PIN - 691003
BY ADV H.VISHNUDAS
RESPONDENT/S:
1 DISTRICT EDUCATION OFFICER
OFFICE OF THE DISTRICT EDUCATION OFFICER,
CIVIL STATION, KOLLAM., PIN - 691013
2 DEPUTY DIRECTOR OF EDUCATION
OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION,
GOVERNMENT B.H.S.S. CAMPUS,
THEVALLY PO, KOLLAM., PIN - 691009
3 ADDITIONAL DIRECTOR OF GENERAL EDUCATION
(GENERAL/ACADEMIC)
DIRECTORATE OF GENERAL EDUCATION, JAGATHI,
THIRUVANANTHAPURAM., PIN - 695014
4 DIRECTOR OF GENERAL EDUCATION
DIRECTORATE OF GENERAL EDUCATION, JAGATHI,
THIRUVANANTHAPURAM., PIN - 695014
WP(C) Nos.32166 & 32167 of 2024
4
2024:KER:69997
5 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT,
SECRETARIAT, ANNEX II,
THIRUVANANTHAPURAM., PIN - 695001
6 THE MANAGER
MAYYANAD HIGHER SECONDARY SCHOOL,
MAYYANAD PO,KOLLAM., PIN - 691303
OTHER PRESENT:
ADV NISHA BOSE-SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 11.09.2024, ALONG WITH WP(C).32166/2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.32166 & 32167 of 2024
5
2024:KER:69997
P.M. MANOJ, J
-----------------------------------
W.P.(C) Nos.32166 & 32167 of 2024
----------------------------------------------
Dated this the 11th day of September, 2024
JUDGMENT
Petitioners in these two writ petitions are appointed as
UPSTs under the management of the 6th respondent with effect
from 15.07.2021. Petitioner in W.P.(C) No.32166 of 2024 was
appointed against the consequential vacancy of retirement of
Smt.Bindu C.V. on 31.05.2021. Similarly, the petitioner in W.P.
(C) No.32167 of 2024 was appointed on the consequential
vacancy of promotion granted to Smt.Little Flower from UPST to
HST under the same management on 15.07.2021. However,
initially the appointment of the petitioners were not approved on
the ground that the appointment of Manager was not approved.
Later, the appointment of Manager was approved. But, the
appointments of the petitioners in both writ petitions were not
approved in the light of the appointments made between
18.11.2018 and 18.11.2021.
2. When the matter is taken up for consideration today,
the counsel for the petitioners brought to my attention the
WP(C) Nos.32166 & 32167 of 2024
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judgment of this Court in W.A. No.1725 of 2022, wherein a
specific direction on considering the factual situation that "if
there are sufficient number of eligible and qualified persons with
disabilities in the State to cover the backlog appointments as
also the future appointments, there would be no issues while
complying with the directions contained in the impugned
judgment, but if sufficient number of eligible and qualified
persons with disabilities are not available, naturally the
vacancies are to be carried forward to the next year and if only
eligible and qualified hands are not available in the next year
also, the vacancies could be filled up by other candidates. In
other words, the vacancies cannot be filled up at least for almost
two years. That means, the fate of the teachers who are
appointed after 18.11.2018 and whose appointments are not
approved till date can be decided only after about two years and
till then, they will have to work without salary and the schools
will have to be run with them".
3. In such circumstances, a direction was issued to the
Educational Officers in the State that they have to approve the
appointments made in the vacancies earmarked for persons
with disabilities that arose after 18.11.2018 and before
WP(C) Nos.32166 & 32167 of 2024
2024:KER:69997
08.11.2021, which are otherwise in order, provisionally, treating
the vacancies of temporary, on condition that such approval
would be valid only till the incumbents who are regularly
appointed against those vacancies take charge, and shall take
necessary action for disbursement of the pay and allowances
due to them.
4. In the light of said direction in the decision rendered
by the Division Bench of this Court in W.A. No.1725 of 2022
dated 13.03.2023, it appears that the petitioners are also in the
similar situations and their approval can be provisionally
approved and the salary can be disbursed.
5. Accordingly, there will be a direction to the 1 st
respondent to consider the case of the petitioners in the light of
first direction given in the judgment in W.A. No.1725 of 2022
dated 13.03.2023. The appointments of the petitioners should
meet the requirement made in the said direction as made in
para 3 above.
Accordingly, both these writ petitions are disposed of as
above.
Sd/-
P.M. MANOJ
sss JUDGE
WP(C) Nos.32166 & 32167 of 2024
2024:KER:69997
APPENDIX OF WP(C) 32167/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE ORDER
NO.B5/121135/2021 DATED 8-04-2022 OF
THE 1ST RESPONDENT-DISTRICT EDUCATION
OFFICER, KOLLAM
Exhibit P2 TRUE COPY OF THE APPOINTMENT ORDER
DATED 15-07-2021 OF THE PETITIONER
ISSUED BY THE 6TH RESPONDENT- MANAGER,
MAYYANAD H.S.S
Exhibit P3 TRUE COPY OF THE ORDER NO.B5/26090/2021
DATED 2-08-2021 OF THE 1ST RESPONDENT-
DISTRICT EDUCATION OFFICER,KOLLAM
Exhibit P4 TRUE COPY OF THE ORDER
NO.B3/216596/2021 DATED 14/03/2022 OF
THE 3RD RESPONDENT-DEPUTY DIRECTOR OF
EDUCATION, KOLLAM
Exhibit P5 TRUE COPY OF THE ORDER
NO.B3/218278/2022 DATED 14/12/2022 OF
THE 3RD RESPONDENT-DEPUTY DIRECTOR OF
EDUCATION, KOLLAM
Exhibit P6 TRUE COPY OF THE ORDER NO.DEOK
LM/10183/2022-B5 DATED 31-10-2022 OF
THE 1ST RESPONDENT-DISTRICT EDUCATION
OFFICER, KOLLAM
Exhibit P7 TRUE COPY OF THE REVISION ORDER
NO.ET1/238790/2022 DATED 22-02-2023
PASSED BY THE 3RD RESPONDENT-
ADDITIONAL DIRECTOR, GENERAL EDUCATION
Exhibit P8 TRUE COPY OF THE LETTER
NO.J.R1/502/2023 GED DATED 1-11-2023
ISSUED BY PRINCIPAL SECRETARY, GENERAL
EDUCATION DEPARTMENT
WP(C) Nos.32166 & 32167 of 2024
2024:KER:69997
Exhibit P9 TRUE COPY OF THE LETTER NO.GED-
J.R1/502/2023-GED DATED 1-11-2023
ISSUED BY THE 4TH RESPONDENT- DIRECTOR,
GENERAL EDUCATION DEPARTMENT
Exhibit P10 TRUE COPY OF THE REPRESENTATION DATED
30-07-2024 GIVEN BY THE PETITIONER TO
THE 5TH RESPONDENT-SECRETARY, GENERAL
EDUCATION DEPARTMENT
WP(C) Nos.32166 & 32167 of 2024
2024:KER:69997
APPENDIX OF WP(C) 32166/2024
PETITIONER EXHIBITS
Exhibit P-1 A TRUE COPY OF THE APPOINTMENT ORDER OF
THE PETITIONER DATED 15-07-2021 BY THE
MANAGER/ 6TH RESPONDENT
Exhibit P-2 A TRUE COPY OF THE ORDER
NO.B5/27029/2021 DATED 2-08-2021 OF THE
1ST RESPONDENT/DISTRICT EDUCATION
OFFICER, KOLLAM
Exhibit P-3 A TRUE COPY OF THE APPEAL ORDER
NO.B3/216598/2021 DATED 26/02/2022 OF
THE 2ND RESPONDENT/DEPUTY DIRECTOR OF
EDUCATION, KOLLAM
Exhibit P-4 A TRUE COPY OF THE APPEAL ORDER
NO.B3/218277/2022 DATED 14/12/2022 OF
THE 2ND RESPONDENT/DEPUTY DIRECTOR OF
EDUCATION, KOLLAM
Exhibit P-5 A TRUE COPY OF THE ORDER
NO.DEOKLM/10183/2022-B5 DATED 31-10-
2022 OF THE 1ST RESPONDENT/DISTRICT
EDUCATION OFFICER, KOLLAM
Exhibit P-6 A TRUE COPY OF THE REVISION ORDER
NO.ET1/238791/2022 DATED 23-02-2023
PASSED BY 3RD RESPONDENT/ ADDITIONAL
DIRECTOR, GENERAL EDUCATION
Exhibit P-7 A TRUE COPY OF THE LETTER
NO.J.R1/502/2023 GED DATED 1-11-2023
ISSUED BY PRINCIPAL SECRETARY, GENERAL
EDUCATION DEPARTMENT
Exhibit P-8 A TRUE COPY OF THE LETTER NO.DGE-
15133/2023-H2 DATED 1-11-2023 ISSUED BY
4TH RESPONDENT/DIRECTOR, GENERAL
EDUCATION DEPARTMENT
WP(C) Nos.32166 & 32167 of 2024
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Exhibit P-9 A TRUE COPY OF THE REPRESENTATION DATED
30-07-2024 GIVEN BY THE PETITIONER TO
THE 5TH RESPONDENT/SECRETARY, GENERAL
EDUCATION DEPARTMENT
