Kerala High Court
Bency K. Thomas vs The State Of Kerala on 6 March, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:19239
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 6TH DAY OF MARCH 2025 / 15TH PHALGUNA, 1946
WP(C) NO. 8664 OF 2025
PETITIONER:
BENCY K. THOMAS,
AGED 44 YEARS,
WIFE OF SAJU,
UPST, M G M H S SCHOOL,
THIRUVALLA,
PATHANAMTHITTA DISTRICT, PIN - 689101
(RESIDING AT VILAYIL HOUSE,
KARUVATTA, ADOOR,
PATHANAMTHITTA DISTRICT-671 523).
BY ADVS.
V.A.MUHAMMED
V.RAJASEKHARAN NAIR
RESPONDENTS:
1 THE STATE OF KERALA,
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT,
SECRETARIAT ANNEXE II,
THIRUVANANTHAPURAM, PIN - 695001
2 THE DIRECTOR OF GENERAL EDUCATION,
OFFICE OF THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY,
THIRUVANANTHAPURAM, PIN - 695014
3 THE DEPUTY DIRECTOR OF EDUCATION,
OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION,
PATHANAMTHITTA @ THIRUVALLA,
PIN - 689101
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W.P.(C) No.8664/2025
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4 THE DISTRICT EDUCATIONAL OFFICER,
OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,
PATHANAMTHITTA,
PIN - 689645
5 THE MANAGER,
CATHOLICATE & M D SCHOOLS DEVALOKAM,
KOTTAYAM DISTRICT,
PIN - 686001
BY ADV.
SRI.VENUGOPAL V, SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.03.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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W.P.(C) No.8664/2025
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JUDGMENT
Dated this the 6th day of March, 2025
The petitioner was appointed as Upper Primary School
Teacher from 01.07.2016 onwards against an additional post of
UPST sanctioned during 2016-2017 in Catholicate Higher
Secondary School, Pathanamthitta.
2. The Staff Fixation Order shows that there was
an additional post of UPST available for 2016-2017 to 2018-
2019 for accommodating the petitioner. But, the District
Educational Officer, Pathanamthitta as per letter
No.B3/10578/17 dated 14.01.2018 has declined the approval of
the appointment for the sole reason that the Management has
not complied with 1:1 ratio for the additional posts of UPSTs
sanctioned during 2016-2017. The Appeal submitted before the
Deputy Director of Education, Pathanamthitta was also rejected
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upholding the decision of the Deputy Director of Education,
Pathanamthitta as the Management has not complied with 1:1
ratio.
3. The revision preferred by the Management
was also declined for non-compliance of 1:1 ratio between
protected Teachers and Teachers by direct recruitment. The
petitioner was allowed to continue against additional post till
05.06.2019. Various attempts made by the petitioner to get
approval from 01.07.2016 to 05.06.2019 were in vain.
Aggrieved by this, the petitioner moved the Government and it
is pending. Undue delay in its consideration would result in
extreme hardships to the petitioner, contends the petitioner.
4. I have heard the learned counsel for the
petitioner and the learned Senior Government Pleader
representing the respondents.
5. The petitioner points out that the Government
in Ext.P8 Government Order dated 06.02.2021 ordered to grant
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approval to the appointments made against additional division
vacancy during the period 2016-2019 without applying 1:1 ratio,
if the Manager has furnished an undertaking that one vacancy
shall be made available for accommodating the protected
Teachers. In obedience thereon, the Manager has tendered
Ext.P9 declaration dated 10.02.2025 and therefore in terms of
Exts.P8 and P9, the appointment of the petitioner as UPST from
01.07.2016 to 05.06.2019 against the additional divisional
vacancy can be approved, contends the petitioner.
6. Be that as it may, the petitioner has filed
Ext.P10 Revision Petition before the Government invoking the
provisions of KER. As the petitioner has invoked revisional
remedy, it would be only appropriate that the 1 st respondent
considers Ext.P10 Revision Petition and passes appropriate
orders thereon within a reasonable time.
In the circumstances, the writ petition is disposed of
directing the 1st respondent to consider Ext.P10 Revision
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Petition and pass appropriate orders thereon within a period of
four months after granting opportunity of hearing to the
petitioner. While passing the orders, the 1st respondent shall
advert to Ext.P8 also.
Sd/-
N. NAGARESH
JUDGE
SR
2025:KER:19239
APPENDIX OF WP(C) 8664/2025
PETITIONER'S EXHIBITS:
Exhibit P-1 TRUE COPY OF THE APPOINTMENT ORDER NO.
B.75/H.7/407/16 DATED 01.07.2016
Exhibit P-2 TRUE COPY OF THE STAFF FIXATION ORDER
NO. D.DIS./B3/9684/17 FOR THE YEAR
2016-2017 DATED 06.12.2017 OF THE DEO,
PATHANAMTHITTA
Exhibit P-3 TRUE COPY OF THE STAFF FIXATION ORDER
NO. D.DIS./B3/9696/17 FOR THE YEAR
2017-2018 DATED 06.12.2017 OF THE DEO,
PATHANAMTHITTA
Exhibit P-4 TRUE COPY OF THE STAFF FIXATION ORDER
NO. D.DIS. B3/4867/18 DATED 30.06.2018
FOR THE YEAR 2018-2019
Exhibit P-5 TRUE COPY OF THE LETTER NO. B3/10578/17
DATED 14.01.2018 OF THE DEO,
PATHANAMTHITTA
Exhibit P-6 TRUE COPY OF THE APPOINTMENT ORDER
DATED 06.06.2019
Exhibit P-7 TRUE COPY OF THE ORDER NO.
B4/735007/2024 DATED 23.08.2024 OF THE
DEO THIRUVALLA
Exhibit P-8 TRUE COPY OF THE G.O. (P) NO.
4/2021/G.EDN. DATED 06,02.2021
Exhibit P-9 TRUE COPY OF THE DECLARATION DATED
10.02.2025 OF THE MANAGER
Exhibit P-10 TRUE COPY OF THE REVISION PETITION
DATED 20.02.2025 SUBMITTED BEFORE THE
1ST RESPONDENT.
