The Manager vs Shyna K.P
2025 Latest Caselaw 8171 Ker

Kerala High Court

The Manager vs Shyna K.P on 27 August, 2025

Author: Anil K.Narendran

Bench: Anil K.Narendran

WA NO. 1820 OF 2024 &
WA NOS.1543, 1658
& 1720 OF 2025                   1              2025:KER:64920


              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

            THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

                                 &

            THE HONOURABLE MR.JUSTICE MURALEE KRISHNA S.

    WEDNESDAY, THE 27TH DAY OF AUGUST 2025 / 5TH BHADRA, 1947

                        WA NO. 1820 OF 2024

        AGAINST THE JUDGMENT DATED 20.05.2024 IN WP(C) NO.19893 OF

2015 OF HIGH COURT OF KERALA


APPELLANT/5TH RESPONDENT:

            MANAGER
            VARAM UP SCHOOL, PO.VARAM, KANNUR DISTRICT.670 594.


            BY ADV SRI.K.MOHANAKANNAN


RESPONDENTS/PETITIONERS AND RRESPONDENTS 1 TO 4 IN WP(C):

    1       SUDHADEVI K.V.
            UPSA, VARAM UP SCHOOL, PO VARAM, W/O.P.VINOD KUMAR,
            RESIDING AT NANDANAM, POTHERYPARAMBA, P.O.MUNDAYAD,
            KANNUR DISTRICT, PIN - 670594.

    2       SANILA E
            AGED 35 YEARS
            UPSA, VARAM UP SCHOOL, PO VARAM, W/O.M.MANOHARAN,
            RESIDING AT LEELAKRISHNA NIVAS, KALLUR MATTANUR,
            P.O.KEECHERI, KANNUR DISTRICT., PIN - 670702.

    3       NISHA M.V.
            AGED 35 YEARS
            UPSA, VARAM UP SCHOOL, PO VARAM, W/O.BIJU.M,
            MAVILAVEEDU, ELAYAVOOR, P.O.VARAM, KANNUR DISTRICT,
            PIN - 670594
 WA NO. 1820 OF 2024 &
WA NOS.1543, 1658
& 1720 OF 2025                 2              2025:KER:64920


    4     ASSISTANT EDUCATIONAL OFFICER
          KANNUR NORTH, KANNUR DISTRICT.670 002.

    5     DISTRICT EDUCATIONAL OFFICER
          KANNUR, KANNUR DISTRICT. 670 002.

    6     DIRECTOR OF PUBLIC INSTRUCTIONS
          PUBLIC INSTRUCTION DIRECTORATE,
          THIRUVANANTHAPURAM-695 001.

    7     STATE OF KERALA
          REPRESENTED BY SECRETARY, GENERAL EDUCATION
          DEPARTMENT, THIRUVANANTHAPURAM -695 001.



OTHER PRESENT:

          SMT. NISHA BOSE, SR. GP
          ADV.SRI.S.P.ARAVINDAKSHAN PILLAY
     THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 14.08.2025,
ALONG WITH WA.1543/2025, 1720/2025 AND CONNECTED CASES, THE COURT
ON 27.08.2025 DELIVERED THE FOLLOWING:
 WA NO. 1820 OF 2024 &
WA NOS.1543, 1658
& 1720 OF 2025                   3                 2025:KER:64920



              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

             THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

                                  &

            THE HONOURABLE MR.JUSTICE MURALEE KRISHNA S.

    WEDNESDAY, THE 27TH DAY OF AUGUST 2025 / 5TH BHADRA, 1947

                         WA NO. 1543 OF 2025

         AGAINST THE JUDGMENT DATED 20.05.2024 IN WP(C) NO.7089 OF

2016 OF HIGH COURT OF KERALA


APPELLANT/7TH RESPONDENT IN WP(C):

             THE MANAGER
             VARAM U.P.SCHOOL, P.O.VARAM, KANNUR-670 594.


             BY ADV SRI.K.MOHANAKANNAN


RESPONDENTS/PETITINERS AND RESPONDENTS 1 TO 6 AND 8 TO 12 IN
WP(C):

    1        SHYNA K.P
             AGED 35 YEARS
             UPSA, VARAM U.P.SCHOOL, P.O.VARAM, KANNUR-670 594.

    2        K.DIVYA
             UPSA, VARAM U.P.SCHOOL, P.O.VARAM, KANNUR-670 594.

    3        STATE OF KERALA
             REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF
             GENERAL EDUCATION, SECRETARIAT,
             THIRUVANANTHAPURAM-695 001.

    4        THE DIRECTOR OF PUBLIC INSTRUCTIONS
             THIRUVANANTHAPURAM-695 001.
 WA NO. 1820 OF 2024 &
WA NOS.1543, 1658
& 1720 OF 2025                       4              2025:KER:64920



    5        THE ADDITIONAL DIRECTOR OF PUBLIC INSTRUCTIONS
             THIRUVANANTHAPURAM-695 001.

    6        DEPUTY DIRECTOR OF EDUCATION
             KANNUR-670 001.

    7        DISTRICT EDUCATIONAL OFFICER
             KANNUR-670 001.

    8        ASSISTANT EDUCATIONAL OFFICER
             KANNUR-670 001.

    9        NADIRA
             UPSA, VARAM U.P.SCHOOL, P.O.VARAM, KANNUR-670 594.

    10       POURNAMI P.K.
             UPSA, VARAM U.P.SCHOOL, P.O.VARAM, KANNUR-670 594.

    11       SUDHA DEVI K.N.
             UPSA, VARAM U.P.SCHOOL, P.O.VARAM, KANNUR-670 594.

    12       SANILA E.
             UPSA, VARAM U.P.SCHOOL, P.O.VARAM, KANNUR-670 594.

    13       NISHA M.V.
             UPSA, VARAM U.P.SCHOOL, P.O.VARAM, KANNUR-670 594.


             BY ADVS.
             SHRI.KALEESWARAM RAJ
             SHRI.SURESH KUMAR KODOTH


            SMT. NISHA BOSE, SR. GP
        THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 14.08.2025,
ALONG    WITH   WA.1820/2024   AND   CONNECTED   CASES,   THE   COURT   ON
27.08.2025 DELIVERED THE FOLLOWING:
 WA NO. 1820 OF 2024 &
WA NOS.1543, 1658
& 1720 OF 2025                   5                2025:KER:64920


              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

            THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

                                 &

            THE HONOURABLE MR.JUSTICE MURALEE KRISHNA S.

    WEDNESDAY, THE 27TH DAY OF AUGUST 2025 / 5TH BHADRA, 1947

                        WA NO. 1720 OF 2025

        AGAINST THE JUDGMENT DATED 20.05.2024 IN WP(C) NO.16061 OF

2013 OF HIGH COURT OF KERALA


APPELLANT/7TH RESPONDENT:

            THE MANAGER
            VARMA U.P SCHOOL, P.O, VARAM, KANNUR 670594


            BY ADV SRI.K.MOHANAKANNAN


RESPONDENTS/PETITIONERS & RESPONDENTS 1 TO 6 AND 8 TO 12:

    1       DIVYA.K
            U.P.S.A, VARAM U.P SCHOOL, P.O, VARAM, KANNUR 670594.

    2       STATE OF KERALA
            REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT
            OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM
            695001.

    3       THE DIRECTOR OF PUBLIC INSTRUCTIONS
            THIRUVANANTHAPURAM 695001.

    4       THE ADDITIONAL DIRECTOR OF PUBLIC INSTRUCTIONS
            THIRUVANANTHAPURAM 695001.

    5       DEPUTY DIRECTOR OF EDUCATION
            KANNUR 670001.
 WA NO. 1820 OF 2024 &
WA NOS.1543, 1658
& 1720 OF 2025                       6              2025:KER:64920


    6        DISTRICT EDUCATIONAL OFFICER
             KANNUR 670001.

    7        ASSITANT EDUCATIONAL OFFICER
             KANNUR 670001.

    8        NADIRA
             TEACHER (UNAPPROVED), VARAM U.P SCHOOL P.O VARAM,
             KANNUR 670594.

    9        POURNAMI P.K
             TEACHER (UNAPPROVED), VARAM U.P SCHOOL P.O VARAM,
             KANNUR 670594.

    10       SUDHA DEVI K.V
             TEACHER (UNAPPROVED), VARAM U.P SCHOOL P.O VARAM,
             KANNUR 670594.

    11       SANILA.E
             TEACHER (UNAPPROVED), VARAM U.P SCHOOL P.O VARAM,
             KANNUR 670594.

    12       NISHA M.V
             TEACHER (UNAPPROVED), VARAM U.P SCHOOL P.O VARAM,
             KANNUR 670594.


             BY ADV SHRI.KALEESWARAM RAJ
             SMT. NISHA BOSE, SR. GP


        THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 14.08.2025,
ALONG    WITH   WA.1820/2024   AND   CONNECTED   CASES,   THE   COURT   ON
27.08.2025 DELIVERED THE FOLLOWING:
 WA NO. 1820 OF 2024 &
WA NOS.1543, 1658
& 1720 OF 2025                     7              2025:KER:64920



              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

            THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

                                   &

            THE HONOURABLE MR.JUSTICE MURALEE KRISHNA S.

    WEDNESDAY, THE 27TH DAY OF AUGUST 2025 / 5TH BHADRA, 1947

                        WA NO. 1658 OF 2025

        AGAINST THE JUDGMENT DATED 20.05.2024 IN WP(C) NO.24780 OF

2012 OF HIGH COURT OF KERALA


APPELLANT/7TH RESPONDENT IN WPC:

            THE MANAGER
            VARAM U.P. SCHOOL, P.O. VARAM, KANNUR-670 594.


            BY ADVS.
            SRI.K.MOHANAKANNAN
            SRI.M.SAJJAD
            SHRI.V.A.MUHAMMED




RESPONDENTS/PETITIONERS, RESPONDENTS 1 TO 6 AND 8 TO 12:

    1       SHYNA K.P.
            U.P.S.A., VARAM U.P. SCHOOL, P.O. VARAM
            KANNUR - 670 594.

    2       STATE OF KERALA
            REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF
            GENERAL EDUCATION, SECRETARIAT
            THIRUVANANTHAPURAM - 695 001.

    3       THE DIRECTOR OF PUBLIC INSTRUCTIONS
            THIRUVANANTHAPURAM - 695 001.
 WA NO. 1820 OF 2024 &
WA NOS.1543, 1658
& 1720 OF 2025                       8              2025:KER:64920



    4        THE ADDITIONAL DIRECTOR OF PUBLIC INSTRUCTIONS
             THIRUVANANTHAPURAM - 695 001.

    5        DEPUTY DIRECTOR OF EDUCATION
             KANNUR - 670001.

    6        DISTRICT EDUCATIONAL OFFICER
             KANNUR - 670 001.

    7        ASSISTANT EDUCATIONAL OFFICER
             KANNUR - 670 001

    8        NADIRA TEACHER UNAPPROVED
             VARAM U.P. SCHOOL, P.O. VARAM, KANNUR-670 594.

    9        POURNAMI P.K.
             TEACHER (UNAPPROVED), VARAM U.P. SCHOOL, P.O. VARAM,
             KANNUR-670 594.

    10       SUDHA DEVI K.V.
             TEACHER (UNAPPROVED), VARAM U.P. SCHOOL, P.O. VARAM,
             KANNUR-670 594.

    11       SANILA E.
             TEACHER (UNAPPROVED), VARAM U.P. SCHOOL, P.O. VARAM,
             KANNUR-670 594.

    12       NISHA M.V
             TEACHER (UNAPPROVED), VARAM U.P. SCHOOL, P.O. VARAM,
             KANNUR-670 594.


             BY ADV SHRI.KALEESWARAM RAJ
             SMT. NISHA BOSE, SR. GP


        THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 14.08.2025,
ALONG    WITH   WA.1820/2024   AND   CONNECTED   CASES,   THE   COURT   ON
27.08.2025 DELIVERED THE FOLLOWING:
 WA NO. 1820 OF 2024 &
WA NOS.1543, 1658
& 1720 OF 2025                 9               2025:KER:64920


                          JUDGMENT

Muralee Krishna S., J.

These writ appeals are filed under Section 5(i) of the Kerala

High Court Act, 1958, by the Manager of Varam UP School, P.O.

Varam, Kannur District, who is one of the respondents in the writ

petitions such as W.P.(C)Nos.7089 of 2016, 24780 of 2012, 16061

of 2013 and 19893 of 2015, challenging the common judgment

dated 20.05.2024 passed by the learned Single Judge in those writ

petitions.

2. For convenience of reference, the parties are referred in

this judgment as they were referred in the impugned judgment as

well as in W.A.No.1820 of 2024, unless otherwise stated.

3. The petitioners in W.P.(C)No.19893 of 2015 were

appointed in the School managed by the appellant/5th respondent

as UPSA on 17.07.2007 against 'anticipated vacancies'. However,

the authorities refused to approve the appointments, since it was

made without vacancy. Subsequently, in the year 2008-2009, two

promotion vacancies arose in the School. But in those vacancies,

the appellant/Manager appointed two other persons, namely, WA NO. 1820 OF 2024 & WA NOS.1543, 1658 & 1720 OF 2025 10 2025:KER:64920

Shyna K.P. and Divya K., on 02.06.2008 and 03.06.2008,

respectively. The said Shyna K.P. and Divya K. are the joint

petitioners in W.P.(C)No.7089 of 2016. Apart from that, the sole

petitioner in W.P.(C)No.24780 of 2012 is Shyna K.P., and the sole

petitioner in W.P.(C)No.16061 of 2013 is Divya K.

3.1. The petitioners in W.P.(C)No.19893 of 2015 challenged

the approval order of Smt.Shyna K.P. and Smt.Divya K. before the

District Educational Officer. By Ext.P4 order dated 25.01.2012, the

District Educational Officer required Smt.Shyna K.P. and

Smt.Divya K. to show cause why their appointment shall not be

cancelled and required the Manager to show cause why action

should not be taken against him for violation of Government

Orders. Smt.Shyna K.P. and Smt.Divya K. challenged Ext.P4 order

before the Government. The petitioners also challenged the same

since the order did not contain any directions with regard to their

appointments. After hearing the parties, the Government issued

Ext.P5 order dated 13.08.2012, rejecting the claim of Smt.Shyna

K.P. and Smt.Divya K. and directed Ext.P4 provisional order to be

confirmed. The revision petitions filed by the petitioners were also WA NO. 1820 OF 2024 & WA NOS.1543, 1658 & 1720 OF 2025 11 2025:KER:64920

allowed as per Ext.P6 order dated 16.08.2012, and the Assistant

Educational Officer was directed to review and revise the seniority

of the teachers and grant approval on that basis.

3.2. Thereafter, the Additional Director issued Ext.P8 order

dated 25.03.2013, cancelling the appointments of Smt.Shyna K.P.

and Smt.Divya K. with effect from 02.06.2008 and 03.06.2008,

respectively. Subsequently, the Assistant Educational Officer also

issued Ext.P9 order dated 29.03.2013, but without

accommodating the petitioners in the available vacancies of the

year 2008-2009. The petitioners then preferred statutory appeals

before the District Educational Officer. Since the District

Educational Officer failed to consider the appeals, the petitioners

approached this Court with W.P.(C)No.4817 of 2014, and by

Ext.P11 judgment dated 18.02.2014, this Court directed the

District Educational Officer to dispose of the appeals within a time

frame. By Ext.P12 order dated 02.06.2014, the District

Educational Officer directed the Assistant Educational Officer to

approve the appointment of the petitioners with effect from

02.06.2008. Since there was reduction of one post of UPSA in the WA NO. 1820 OF 2024 & WA NOS.1543, 1658 & 1720 OF 2025 12 2025:KER:64920

year 2009-2010, the approval of the 3rd petitioner is restricted to

14.07.2009.

3.3. The Manager failed to implement Ext.P12 order, and

aggrieved by the same, the petitioners again moved Ext.P13 joint

representation dated 21.08.2014 before the Assistant Educational

Officer. Though the Assistant Educational Officer, vide letter dated

22.09.2014, directed the Manager to forward the proposal of

appointment of the petitioners forthwith, no action was followed.

The petitioners again filed W.P.(C)No.32117 of 2014 before this

Court, seeking appropriate reliefs. By Ext.P14 judgment dated

19.01.2015, this Court disposed of that writ petition directing the

Manager to submit proposals with further direction to the Assistant

Educational Officer to pass orders approving the appointment of

the petitioners. Pursuant to the direction in Ext.P14 judgment, the

Assistant Educational Officer issued Exts.P15 to P17 orders dated

09.03.2015 approving the appointment of petitioners with effect

from 02.06.2008. However, Exts.P15 to P17 orders directed that

the question of payment of arrears shall be decided on obtaining

clarification from the Government/Director of Public Instructions.

 WA NO. 1820 OF 2024 &
WA NOS.1543, 1658
& 1720 OF 2025                           13                2025:KER:64920

Smt.Shyna K.P. and Smt.Divya K. were paid salary by the

Government, consequent on their approval of appointment. The

petitioners then moved the Government with Ext.P18

representation dated 04.04.2015. Since no action was followed,

the petitioners approached this Court with Writ Petition No.19893

of 2015 with the following reliefs:

"i) Issue a writ of certiorari or any other appropriate writ and quash Exhibits P15 to P17 to the extent it defer payment of arrears of salary and limiting the period of approval of appointment of third petitioner till 14.07.2009.

ii) Issue a writ of Mandamus or any other appropriate writ directing respondents to release salary forthwith and also to pay arrears in terms of approval of appointment made as per Exhibits P15, P16 and P17 within a time limit."

4. In the other writ petitions, Smt.Shyna K.P. and

Smt.Divya K. challenged the orders deferring payments of salaries

to them and also rejecting their claim in the revision petition by

the Government.

5. The issue involved in the writ petitions is as to the

liability to pay salary to the petitioners, for the period the

Government paid salary to Smt.Shyna K.P. and Smt.Divya K.,

which was later overlapped by the appointment of the petitioners WA NO. 1820 OF 2024 & WA NOS.1543, 1658 & 1720 OF 2025 14 2025:KER:64920

by Exts.P15 to P17 orders. By the impugned judgment dated

20.05.2024, the learned Single Judge found that since the

Manager has made the appointments, flouting the relevant orders,

the burden is upon the Manager to pay the salary to the

petitioners.

6. Heard the learned counsel for the appellant in all the

writ appeals, the learned counsel for the petitioners in W.P.(C)

No.19893 of 2015 and the learned counsel for the petitioners in

the other three writ petitions, who are the party respondents in

these writ appeals.

7. The learned counsel for the appellant would submit that

in the writ petitions, the petitioners have not chosen any relief

against the appellant/Manager. The appellant did not choose to file

a counter affidavit for the reason that there is no claim by the

teachers against the Manager. The petitioners have been working

in the School, and the direction to recover the monetary benefits

granted to them from the Manager is not justifiable. The learned

Single Judge exceeded the jurisdiction while deciding the issue.

The relief granted was by exceeding the scope of the writ petition, WA NO. 1820 OF 2024 & WA NOS.1543, 1658 & 1720 OF 2025 15 2025:KER:64920

and even without any prayer, relief has been granted by fastening

the liability on the Manager.

8. The learned Senior Government Pleader would submit

that the Government paid the salary to Smt.Shyna K.P. and

Smt.Divya K., whose appointments were made by the appellant

Manager, overlooking the claim of the petitioners. It is over and

above the vacancy; the appointments were effected by the

Manager, and hence the Government is entitled to recover it from

the Manager.

9. The learned counsel appearing for Smt.Shyna K.P. and

Smt.Divya K. submitted that they have also worked in the School

during the relevant period in approved posts, and hence, the

salary cannot be recovered from them.

10. It is not in dispute that the petitioners, as well as

Smt.Shyna K.P. and Smt.Divya K. had worked in the School during

the relevant period. Since the appointment of Smt.Shyna K.P. and

Smt.Divya K. was approved, the Government paid their salary. But

as per Exts.P15 to P17 orders, the appointment of the petitioners

was ordered to be approved from June 2008, and their salary WA NO. 1820 OF 2024 & WA NOS.1543, 1658 & 1720 OF 2025 16 2025:KER:64920

remained unpaid. As found by the learned Single Judge, the

appellant-Manager made appointments flouting the relevant

orders or in other words, overlooking the claim of the petitioners

when the vacancies arose. Naturally, it is the petitioners who

ought to have been accommodated in those posts, and instead,

the Manager appointed two new persons, such as Smt.Shyna K.P.

and Smt.Divya K.

11. Since the Manager has effected the appointments to

the non-existing post, and his action caused the approval of the

appointments of Smt.Shyna K.P. and Smt.Divya K., and payment

of salary to them by the Government, the Government cannot be

directed to suffer the expenses from the Public Exchequer.

12. In that circumstance, the learned Single Judge directed

to recover the salary excessively paid, from the appellant-Manager

through Revenue Recovery Proceedings and disburse the same to

the petitioners. As found by the learned Single Judge, the

appellant-Manager did not effectively contest the writ petitions.

Though he says that he did not contest the writ petitions since

there was no relief sought against him, being the Manager, who WA NO. 1820 OF 2024 & WA NOS.1543, 1658 & 1720 OF 2025 17 2025:KER:64920

made the appointments overlooking the claim of the petitioners

and against the vacancy not in existence, it is his duty to explain

the facts before this Court when the petitioners raised their

genuine grievance.

Having considered the pleadings and materials on record and

the submissions made at the Bar, we find no sufficient ground to

interfere with the impugned judgment of the learned Single Judge.

In the result, the writ appeals stand dismissed.

Sd/-

ANIL K.NARENDRAN, JUDGE

Sd/-

                                  MURALEE KRISHNA S., JUDGE
DSV
 WA NO. 1820 OF 2024 &
WA NOS.1543, 1658
& 1720 OF 2025                 18               2025:KER:64920





PETITIONER'S ANNEXURES

Annexure A1         TRUE     COPY      OF     THE      PROCEEDINGS

NO.AEOKNR/95/2024- DATED 24-10- 2024 F OF THE ASSISTANT EDUCATION OFFICER, KANNUR Annexure A2 TRUE COPY OF THE RR NOTICE IN FORM NO.1 ISSUED BY THE DEPUTY TAHSILDAR (RR) KANNUR DATED 16.01.2025 Annexure A3 TRUE COPY OF THE RR NOTICE IN FORM NO.10 ISSUED BY THE DEPUTY TAHSILDAR (RR) KANNUR DATED 16.01.2025 WA NO. 1820 OF 2024 & WA NOS.1543, 1658 & 1720 OF 2025 19 2025:KER:64920

PETITIONER'S ANNEXURES:

Annexure A1 TRUE COPY OF THE NOTICE NO.AEOKNR/95/2024-F DATED 24-10-2024 ISSUED BY THE ASSISTANT EDUCATION OFFICER Annexure A2 TRUE COPY OF THE GO(RT)NO.8066/2024/GEDN DATED 14-11-2024 ISSUED BY THE GOVERNMENT