Kunhamina K.S vs The State Of Kerala
2025 Latest Caselaw 5174 Ker

Kerala High Court

Kunhamina K.S vs The State Of Kerala on 14 March, 2025

Author: N.Nagaresh

Bench: N.Nagaresh

                                           2025:KER:21680

        IN THE HIGH COURT OF KERALA AT ERNAKULAM

                        PRESENT

          THE HONOURABLE MR.JUSTICE N.NAGARESH

FRIDAY, THE 14TH DAY OF MARCH 2025 / 23RD PHALGUNA, 1946

                 WP(C) NO. 9938 OF 2025

PETITIONERS:

    1    KUNHAMINA K.S, AGED 36 YEARS
         WIFE OF SAIFU P HSA (ENGLISH)
         SEETHI SAHIB HIGHER SECONDARY SCHOOL,
         TALIPARAMBA, KANNUR DISTRICT - 670 141
         (RESIDING AT AMINA'S BEHIND SALAFI MASJID,
         UNDAPARAMBA, THALIPARAMBA, KANNUR)

    2    SAINABA BEEVI.C, AGED 30 YEARS
         W/O MUSTHAFA KC HSA (ENGLISH),
         SEETHI SAHIB HIGHER SECONDARY SCHOOL,
         TALIPARAMBA, KANNUR DISTRICT.
         (RESIDING AT ABABEEL, NEAR SIDDIQUE MASJID,
         MUKKOLA, TALIPARAMBA, KANNUR DISTRICT),
         PIN - 670141

    3    SREEDEVI.M.N, AGED 45 YEARS
         W/O HAREESH.C.M MUSIC TEACHER,
         SEETHI SAHIB HIGHER SECONDARY SCHOOL,
         TALIPARAMBA, KANNUR DISTRICT - 670 141
         (RESIDING AT CHIRAKKOTH MALLISSERI ILLAM
         KUPPOM P.O, KANIKUNNUU, TALIPARAMBU,
         KANNUR DISTRICT), PIN - 670502

    4    NASIF.K.M.P, AGED 27 YEARS
         S/O NASAR E.P DRAWING TEACHER,
         SEETHI SAHIB HIGHER SECONDARY SCHOOL,
         TALIPARAMBA, KANNUR DISTRICT - 670 141
         (RESIDING AT KMP HOUSE ARIMBRA (P.O)
         CHENGALAYI, KANNUR DISTRICT), PIN - 670631
                                            2025:KER:21680
WP(C) No.9938 of 2025
                           2


         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,THIRUVANANTHAPURAM, PIN - 695014

    3    THE DEPUTY DIRECTOR OF EDUCATION
         PUZHATHI HOUSING COLONY, KANNUR DISTRICT,
         PIN - 670002

    4    THE DISTRICT EDUCATIONAL OFFICER
         TALIPARAMBA, KANNUR DISTRICT, PIN - 670141

    5    THE MANAGER
         SEETHI SAHIB HIGHER SECONDARY SCHOOL,
         TALIPARAMBA, KANNUR DISTRICT, PIN - 670414

    6    THE VICE PRINCIPAL
         SEETHI SAHIB HIGHER SECONDARY SCHOOL,
         TALIPARAMBA, KANNUR DISTRICT, PIN - 670414

         BY ADV. SRI. V. VENUGOPAL, SENIOR GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP        FOR
ADMISSION ON 14.03.2025, THE COURT ON THE SAME        DAY
DELIVERED THE FOLLOWING:
                                                        2025:KER:21680
WP(C) No.9938 of 2025
                                   3




                           JUDGMENT

Dated this the 14th day of March, 2025

Petitioners were appointed in the Seethi Sahib Higher

Secondary School, Taliparamba with effect from 06.06.2019

onwards. Petitioners 1, 3 and 4 are appointed against

promotion / retirement vacancies, whereas, the 2 nd petitioner

is initially appointed against a newly created post and later,

shifted against a retirement vacancy.

2. The petitioners state that they have two

grievances over the order of their approval. One of the

grievances is that while granting approval to their

appointments, the Educational Officer granted approval upto

05.02.2021 only on notional basis, linking it with

G.O.(P).No.4/2021/G.Edn dated 06.02.2021. The second

grievance on the approval order is that it ordered to deposit 2025:KER:21680

the salary in the PF Account instead of releasing it to the

petitioners.

3. The petitioners submitted that the

Government, as per order dated 06.02.2021, considers the

approval of appointment of those Teachers, who were

appointed against additional vacancies effected in violation of

1:1 ratio, which ought to have been filled up by protected

hands. Legally, the above said appointments were not in

violation of 1:1 ratio against additional vacancies.

4. Ext.P10 would not affect the appointments

covered by Exts.P1, P4 and P5 as those appointments were

not made against additional vacancies, contend the

petitioners. In the light of Exts.P12 and P13, the reservation

in Exts.P6, P9 and P10 to the extent it granted approval to

Exts.P1, P4 and P5 appointments on notional basis up to

05.02.2021, is legally tenable. The said appointments are

liable to be approved from 06.06.2019 with monetary benefits.

2025:KER:21680

5. The petitioners submitted that since the

Manager who appointed the petitioners has got approval as a

caretaker manager, initially the approval to the petitioners was

delayed and only at the interference of the Government that

the petitioners got approval. The approval granted to the

petitioners as per Exts.P6 to P10 are not with respect to any

broken spell of their earlier service.

6. The petitioners submitted that Exts.P14 to

P16 is regarding the approval granted to the Teachers with

respect to their earlier unapproved broken service. In the

instant case, the approval granted to the petitioners are their

current appointment. Due to the administrative reason alone,

Exts.P1, P3, P4 and P5 appointments were not approved.

Further, approval is granted not based on any concession of

the Government. In such circumstances Exts.P12, P13 and

P14 are not applicable in the case of the petitioners. There is

no justification in depositing their salary in the PF Account, 2025:KER:21680

contends the petitioners.

7. In the above circumstances, being aggrieved

by Exts.P6 to P10 to the extent it limits the approval on

notional basis till 06.02.2021 and ordered to deposit the

arrears of salary in the PF Account, the petitioners moved a

Revision petition before the Government.

8. I have heard the learned counsel for the

petitioners and the learned Senior Government Pleader

representing respondents 1 to 4.

9. The petitioners would submit that as per

Government Order dated 06.02.2021, the Government had

directed to consider the approval of appointment of those

Teachers, who were appointed against additional vacancies

effected in violation of 1:1 ratio, which ought to have been

filled up by protected hands. According to the petitioners, the

said Government Order dated 06.02.2021 would not affect the

appointments covered by Exts.P1, P4 and P5 as those 2025:KER:21680

appointments are not against additional vacancies.

10. Going through the pleadings, I find that the

petitioners have preferred Ext.P17 Revision Petition before

the 1st respondent raising their grievances. As Ext.P17 is a

statutory Revision Petition, the 1st respondent can consider

the same in accordance with law and pass appropriate orders

thereon within a reasonable time.

The writ petition is accordingly disposed of directing

the 1st respondent to consider Ext.P17 Revision Petition and

take appropriate decision thereon adverting to Exts.P12 and

P13 also. A decision in this regard shall be taken within a

period of four months, after giving opportunity of hearing to

the petitioners.

Sd/-

N.NAGARESH JUDGE spk 2025:KER:21680

APPENDIX OF WP(C) 9938/2025

PETITIONER EXHIBITS

Exhibit P-1 TRUE COPY OF APPOINTMENT OF THE 1ST PETITIONER AS HSA ENGLISH AGAINST A PROMOTION VACANCY DATED 06.06.2019

Exhibit P-2 TRUE COPY OF THE APPOINTMENT ORDER OF THE 2ND PETITIONER AGAINST A NEWLY CREATED POST AS HSA ENGLISH DATED 06.06.2019

Exhibit P-3 TRUE COPY OF THE APPOINTMENT ORDER OF THE 2ND PETITIONER DATED 15.07.2021 AGAINST A PROMOTION VACANCY AS HSA ENGLISH

Exhibit P-4 TRUE COPY OF THE APPOINTMENT OF THE THIRD PETITIONER AS MUSIC TEACHER AGAINST A RETIREMENT VACANCY DATED 06.06.2019

Exhibit P-5 TRUE COPY OF THE APPOINTMENT ORDER OF THE 4TH PETITIONER AS DRAWING TEACHER AGAINST PROMOTION VACANCY DATED 06.06.2019

Exhibit P-6 TRUE COPY OF THE ORDER OF THE DISTRICT EDUCATIONAL OFFICER, TALIPARAMBA VIDE NO.B1/57519/2023 DATED 01.01.2024 GRANTING APPROVAL TO THE APPOINTMENT OF THE 1ST PETITIONER COVERED IN EXHIBIT P-1

Exhibit P-7 TRUE COPY OF THE ORDER OF THE DISTRICT EDUCATIONAL OFFICER, TALIPARAMBA VIDE NO.B1/57518/2023 DATED 01.01.2024 GRANTING APPROVAL TO THE 2ND PETITIONER COVERED IN EXHIBIT P-2 2025:KER:21680

Exhibit P-8 TRUE COPY OF THE ORDER OF THE DISTRICT EDUCATIONAL OFFICER, TALIPARAMBA VIDE NO.B1/57523/2023 DATED 01.01.2024 GRANTING APPROVAL TO THE 2ND PETITIONER COVERED BY EXHIBIT P-3

Exhibit P-9 TRUE COPY OF THE ORDER OF THE DISTRICT EDUCATIONAL OFFICER, TALIPARAMBA VIDE NO.B1/57512/2023 DATED 01.01.2024 GRANTING APPROVAL TO THE APPOINTMENT OF THE 3RD PETITIONER AS MUSIC TEACHER COVERED IN EXHIBIT P-4

Exhibit P-10 TRUE COPY OF THE ORDER OF THE DISTRICT EDUCATIONAL OFFICER, TALIPARAMBA VIDE NO.B1/57520/2023 DATED 01.01.2024 GRANTING APPROVAL TO THE APPOINTMENT OF THE 4TH PETITIONER AS DRAWING TEACHER COVERED IN EXHIBIT P-5

Exhibit P-11 TRUE COPY OF THE G.O.(P).NO.4/2021/GEDN DATED 06.02.2021

Exhibit P-12 TRUE COPY OF THE G.O. (RT).NO.3320/2024/G.EDN DATED 24.05.2024

Exhibit P-13 TRUE COPY OF G.O.(RT)NO.1315/2024/G.EDN DATED 18.2.2024

Exhibit P-14 TRUE COPY OF THE CIRCULAR NO.7/2021/FIN. DATED 27.01.2021

Exhibit P-15 TRUE COPY OF THE LETTER OF THE FINANCE DEPARTMENT VIDE PF-1/37/2022 FIN. (2124126) DATED 04.08.2022 (ALONG WITH TYPED COPY) 2025:KER:21680

Exhibit P-16 TRUE COPY OF THE LETTER NO.TRY/2518/2023-E1 DATED 22.06.2023 OF THE DIRECTOR OF TREASURY

Exhibit P-17 TRUE COPY OF THE REVISION PETITION SUBMITTED BY THE PETITIONERS BEFORE THE GOVERNMENT DATED 16/02/2025