Kerala High Court
A.J. Honey Sweet vs Smt. Rani George, Ias on 13 May, 2025
Author: N. Nagaresh
Bench: N.Nagaresh
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 13TH DAY OF MAY 2025 / 23RD VAISAKHA, 1947
WP(C) NO. 9611 OF 2025
PETITIONER:
A.J. HONEY SWEET
AGED 45 YEARS
WIFE OF PHILGIN THOMAS,
LOWER PRIMARY SCHOOL ASSISTANT,
EUROPEAN PRIMARY SCHOOL, ELAMKUNNAPUZHA,
VYPIN, ERNAKULAM DISTRICT - 682 503.
(RESIDING AT PUNNATHARA, PANAMPUKAD,
VALLARPADAM ERNAKULAM DISTRICT), PIN - 682504
BY ADVS.
SRI. V.A.MUHAMMED
SRI. M.SAJJAD
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY ITS PRINCIPAL SECRETARY TO
GOVERNMENT, GENERAL EDUCATION DEPARTMENT,
SECRETARIAT ANNEXE II, THIRUVANANTHAPURAM,
PIN - 695001
2 THE DIRECTOR OF GENERAL EDUCATION
JAGATHY,THIRUVANANTHAPURAM, PIN - 695014
3 THE DEPUTY DIRECTOR OF EDUCATION
KAKKANAD, ERNAKULAM DISTRICT, PIN - 682030
4 THE DEPUTY DIRECTOR OF EDUCATION
AYYANTHOLE, THRISSUR DISTRICT, PIN - 680003
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5 THE ASSISTANT EDUCATIONAL OFFICER
EDAVANAKKAD, VYPIN, ERNAKULAM DISTRICT,
PIN - 682502
6 THE ASSISTANT EDUCATIONAL OFFICER
IRINJALAKUDA, THRISSUR DISTRICT, PIN - 680121
7 THE MANAGER
CENTRAL BOARD OF ANGLO INDIAN EDUCATION
PERUMANOOR (EX-OFFICIO MANAGER,
(DEPUTY DIRECTOR OF EDUCATION,
ERNAKULAM AT KAKKANAD), PIN - 682030
8 THE HEADMASTER
EPS, ELANKUNNAPPUZHA,
ERNAKULAM DISTRICT, PIN - 682503
9 THE HEADMASTER
DBPS, PADIYOOR, THRISSUR DISTRICT,
PIN - 680688
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 18.03.2025, ALONG WITH
Con.Case(C).2380/2023, 2526/2023 AND CONNECTED CASES,
THE COURT ON 13.05.2025 DELIVERED THE FOLLOWING:
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 13TH DAY OF MAY 2025 / 23RD VAISAKHA, 1947
RP NO. 755 OF 2024
AGAINST THE JUDGMENT IN WP(C) NO.23285 OF 2022 OF
HIGH COURT OF KERALA
REVIEW PETITIONER/RESPONDENTS 1 AND 2 IN WPC:
1 STATE OF KERALA
REP.BY SECERTARY TO GOVERNMENT,
GENERAL EDUCATION DPT.
SECRETARIAT ANNEX-II,
THIRUVANANTHAPURAM, PIN - 695001
2 ASSISTANT EDUCATIONAL OFFICER, VYPIN
EDAVANAKKAD,VYPIN, ERNAKULAM, PIN - 682502
BY GOVERNMENT PLEADER
RESPONDENTS/PETITIONER AND 3RD RESPONDENT IN WPC:
1 A.J.HONEY SWEET
AGED 42 YEARS
W/O PHILGIN THOMAS,
LOWER PRIMARY SCHOOL ASSISTANT,
EUROPEAN PRIMARY SCHOOL, ELAMKUNNAPUZHA,
VYPIN, ERNAKULAM, PIN - 682503
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2 THE MANAGER
CENTRAL BOARD OF ANGLO INDIAN EDUCATION,
PERUMANOOR (EX-OFFICIO MANAGER,
DEPUTY DIRECTOR OF EDUCATION,
ERNAKULAM AT KAKKANAD,
PIN - 682030
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION
ON 18.03.2025, ALONG WITH WP(C).9611/2025 AND CONNECTED
CASES, THE COURT ON 13.05.2025 DELIVERED THE FOLLOWING:
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 13TH DAY OF MAY 2025 / 23RD VAISAKHA, 1947
RP NO. 757 OF 2024
AGAINST THE JUDGMENT IN WP(C) NO.13028 OF 2022 OF
HIGH COURT OF KERALA
REVIEW PETITIONER/RESPONDENTS 1 TO 4:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT
GENERAL EDUCATION DEPARTMENT,
SECRETARIAT,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,ERNAKULAM,KAKKANAD,
PIN - 682030
4 THE ASSISTANT EDUCATIONAL OFFICER
IRINJALAKKUDA, PIN - 680121
BY GOVERNMENT PLEADER
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RESPONDENT/PETITIONER IN WPC:
JUDIT J BEVERA
AGED 35 YEARS
W/O.SHINE AVERESH,
VALIAMARATHINGAL HOUSE,
KADUKUTTY, CHALAKKUDY,
THRISSUR DISTRICT, PIN - 680309
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION
ON 18.03.2025, ALONG WITH WP(C).9611/2025 AND CONNECTED
CASES, THE COURT ON 13.05.2025 DELIVERED THE FOLLOWING:
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 13TH DAY OF MAY 2025 / 23RD VAISAKHA, 1947
CON.CASE(C) NO. 2380 OF 2023
AGAINST THE JUDGMENT IN WP(C) NO.23285 OF 2022 OF
HIGH COURT OF KERALA
PETITIONER/PETITIONER:
A.J. HONEY SWEET
AGED 42 YEARS
WIFE OF PHILGIN THOMAS,
LOWER PRIMARY SCHOOL ASSISTANT,
EUROPEAN PRIMARY SCHOOL,
ELAMKUNNAPUZHA,
VYPIN, ERNAKULAM DISTRICT,
PIN - 682503
BY ADV.
SRI. V.A.MUHAMMED
RESPONDENTS/1ST AND 2ND RESPONDENT :
1 SMT. RANI GEORGE, IAS
FATHER'S NAME AND AGE NOT KNOWN TO THE
PETITIONER
PRINCIPAL SECRETARY TO GOVERNMENT
GENERAL EDUCATION DEPARTMENT
GOVERNMENT SECRETARIAT, ANNEXE II,
THIRUVANANTHAPURAM, PIN - 695001
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2 SRI. IBRAHIM KUTTY RAYAROTH (SUBSTITUTED)
AGE AND FATHER'S NAME NOT KNOWN TO THE
PETITIONER
ASSISTANT EDUCATIONAL OFFICER,
EDAVANAKKAD, VYPIN, ERNAKULAM DISTRICT,
PIN - 682502
R2 IS SUBSTITUTED AS SMT. SHAINAMOL S.A
ASSISTANT EDUCATIONAL OFFICER,
VYPIN - 682511
AS PER ORDER DATED 27.06.24 IN IA 1/24 IN COC
2380/2023
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP
FOR ADMISSION ON 18.03.2025, ALONG WITH WP(C).9611/2025
AND CONNECTED CASES, THE COURT ON 13.05.2025 DELIVERED
THE FOLLOWING:
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 13TH DAY OF MAY 2025 / 23RD VAISAKHA, 1947
CON.CASE(C) NO. 2526 OF 2023
AGAINST THE JUDGMENT IN WP(C) NO.13028 OF 2022 OF
HIGH COURT OF KERALA
PETITIONER/PETITIONER:
JUDIT J. BIVERA
AGED 36 YEARS
W/O. SHINE AVERESH, VALIAMARATHINGAL HOUSE,
KADUKUTTY, CHALAKUDY-680 309,
THRISSUR DISTRICT, WORKING AS L.P.S.A.,
DON BOSCO EUROPEAN PRIMARY SCHOOL, PADIYOOR,
VELLANGALLUR VIA, THRISSUR, PIN - 680688
BY ADV.
SRI. V.VIJULAL
RESPONDENTS/RESPONDENTS 1 AND 4:
1 SMT.RANI GEORGE IAS
(AGE AND FATHERS NAME NOT KNOWN TO THE
PETITIONER) THE PRINCIPAL SECRETARY TO
GOVERNMENT, GENERAL EDUCATION DEPARTMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 SMT. NISHA M.C.,
(AGE AND FATHERS NAME NOT KNOWN TO THE
PETITIONER) ASSISTANT EDUCATIONAL OFFICER,
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OFFICE OF ASSISTANT EDUCATIONAL OFFICER,
IRINJALAKUDA, PIN - 680121
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP
FOR ADMISSION ON 18.03.2025, ALONG WITH WP(C).9611/2025
AND CONNECTED CASES, THE COURT ON 13.05.2025 DELIVERED
THE FOLLOWING:
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N. NAGARESH, J.
`````````````````````````````````````````````````````````````
W.P.(C) No.9611of 2025, R.P. Nos.755 and
757 of 2024 and Contempt of Court Case (C) Nos.2380
and 2526 of 2023
`````````````````````````````````````````````````````````````
Dated this the 13th day of May, 2025
JUDGMENT
~~~~~~~~~
RP No.755/2024 and RP No.757/2024 arise
from the common judgment dated 07.08.2023 in W.P.(C)
No.23285/2022 and W.P.(C) No.13028/2022. The petitioners
in the afore writ petitions have filed Contempt Case Nos.2380
and 2526 of 2023 alleging disobedience to the lawful orders
contained in the judgment dated 07.08.2023. The petitioner
in W.P.(C) No.23285/2022 has filed W.P.(C) No.9611/2025
seeking to set aside Ext.P7 and to command the respondents
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to sanction 14 LP Divisions and corresponding LPSA post at
EPS Elankunnapuzha for the academic year 2014-2015.
2. The writ petitioners filed W.P.(C)
No.13028/2022 and 23285/2022 stating that they are Rule
51A claimants under Chapter XIVA KER. They were
appointed against leave vacancies as LPSAs on 03.06.2013.
Their appointments were approved. Subsequently, both the
petitioners were appointed against additional division
vacancy with effect from 01.06.2015.
3. The appointment of the petitioner in W.P.(C)
No.13028/2022 was not approved stating that there is a
senior Rule 51A claimant (who is the petitioner in W.P.(C)
No.23285/2022). The respondents stated that there was no
vacancy available for appointment of the petitioner in W.P.(C)
No.23285/2022 in the year 2015-2016. The petitioners
contended that the Staff Fixation Orders showed that there
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was on full time post of Headmaster and nine regular posts of
LPSAs in the School in the year 2015-2016. There was also
another temporary post of Head Teacher sanctioned on
06.08.2016. The petitioners argued that there were
admittedly ten posts available in the academic year 2015-
2016, apart from the Head Teacher vacancy.
4. A learned Single Judge of this Court held in
the common judgment dated 07.08.2023 that as per the Staff
Fixation Order for the year 2015-2016, there was one regular
post available for appointment of the petitioner in W.P.(C)
No.23285/2022. This Court held that the appointment of both
the petitioners can be approved. Consequently, this Court
directed to approve the appointment of the petitioner in W.P.
(C) No.23285/2022 as LPSA in the DBEPS,
Elankunnappuzha with effect from 01.06.2015 and to appoint
the petitioner in W.P.(C) No.13028/2022 with effect from
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01.06.2015 in the DBEPS, Padiyoor in the additional division
vacancy.
5. Alleging willful disobedience to comply with
the lawful orders of this Court in the judgment dated
07.08.2023 in W.P.(C) Nos.13028/2022 and 23285/2022, the
writ petitioners have filed Contempt of Case Nos.2380/2023
and 2526/2023.
6. The petitioner in W.P.(C) No.23285/2022
thereafter filed W.P.(C) No.9611/2025 seeking to set aside
Ext.P7 proceedings dated 05.04.2016 of the AEO, Vypin
fixing the staff strength. The petitioner impugned Ext.P7 to
the extent it failed to sanction 14 LP Divisions and
corresponding LPSA posts at EPS, Elankunnappuzha for the
academic year 2014-2015.
7. The State of Kerala and the Assistant
Educational Officer have filed RP Nos.755/2024 and
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757/2024 being aggrieved by the judgment dated 07.08.2023
in the writ petitions. The State of Kerala contended that this
Court has directed to approve the appointment of the
petitioners with effect from 01.06.2015 in additional vacancies
due to the fact that the State of Kerala was not able to point
out the fact that as per Rule 12 of Chapter XXIII, the
additional posts will come into existence only with effect from
15.07.2015. Therefore, if the date of approval of appointment
of the petitioners is not rectified as 15.07.2015, it will become
a binding precedence causing a huge financial burden to the
Government.
8. I have heard the learned counsel for the
petitioner in the writ petition, the learned Government Pleader
for the review petitioners and the counsel appearing for the
petitioners in the Contempt Court Cases.
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9. It is evident from the judgment sought to be
reviewed that the petitioners in the writ petitions were
directed to be appointed with effect from 01.06.2015 against
additional vacancies sanctioned. Rule 12 of Chapter XXIII
provides that the orders of Staff Fixation except in the case of
additional divisions or additional posts shall take effect on the
15th July of every year. The date of effect of additional
divisions or additional posts sanctioned shall be the 1 st
October of the year. In view of Rule 12 of Chapter XXIII, the
additional posts will come into existence only with effect from
15.07.2015.
10. Therefore, the review petitions are to be
allowed to a limited extent of correcting the date with effect
from which appointment is to be approved, as 15.07.2015,
instead of 01.06.2015.
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11. As the review petitions are pending, the
respondents have not complied with as the judgment is to be
reviewed to the limited extent. The respondents are therefore
entitled to get a breathing time to comply with the directions.
The respondents are given two months time from today to
comply with the directions in the common judgment dated
07.08.2023.
12. As far as W.P.(C) No.9611/2025 is
concerned, the writ petitioner therein seeks to set aside
Ext.P7 Staff Fixation Order. It is evident from the pleadings
that the petitioner has filed Ext.P11 revision petition dated
27.02.2024 before the Government. In the circumstances of
the case, it would be only appropriate that the competent
revisional authority considers the grievance of the petitioner
in a time bound manner.
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13. The review petitions, contempt cases and
the writ petition are disposed of as follows:
(i) The review petitions are
allowed to the extent of correcting the date
with effect from which appointment of the
writ petitioners are to be approved, as
15.07.2015, instead of 01.06.2015.
(ii) The contempt of court
cases are closed for the time being granting
liberty to the petitioners to reopen the same
if found necessary, after two months.
(iii) W.P.(C) No.9611/2025 is
disposed of directing the 1st respondent to
consider and pass orders on Ext.P11
revision petition after giving an opportunity
of hearing to the petitioner and any other
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affected party within a period of three
months.
Sd/-
N. NAGARESH, JUDGE
aks/06.05.2025
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APPENDIX OF WP(C) 9611/2025
PETITIONER'S EXHIBITS
Exhibit P-1 TRUE COPY OF THE APPOINTMENT ORDER OF
THE PETITIONER DATED 03.06.2013 ALONG
WITH APPROVAL RECORDED THEREON
Exhibit P-2 TRUE COPY OF THE APPOINTMENT ORDER OF
THE PETITIONER DATED 01.10.2014
Exhibit P-3 TRUE COPY OF APPOINTMENT ORDER OF THE
PETITIONER DATED 01.06.2015
Exhibit P-4 TRUE COPY OF THE ORDER OF THE AEO,
IRINJALAKUDA VIDE NO.E/709189/2024
DATED 14.04.2024
Exhibit P-5 TRUE COPY OF THE ORDER OF THE
ASSISTANT EDUCATIONAL OFFICER, VYPPIN
VIDE NO.C/23350/2021/DIS DATED
10.06.2024
Exhibit P-6 TRUE COPY OF THE G.O.(P).NO.29/2016
G.EDN DATED 29.1.2016
Exhibit P-7 TRUE COPY OF THE STAFF FIXATION ORDER
FOR THE YEAR 2014-15 VIDE ORDER
NO.D.DIS./C/384/2016 DATED 05.04.2016
OF THE ASSISTANT EDUCATIONAL OFFICER,
VYPIN
Exhibit P-8 TRUE COPY OF THE CIRCULAR NO. 7/2021
FIN. DATED 27.01.2021
Exhibit P-9 TRUE COPY OF THE LETTER OF THE FINANCE
DEPARTMENT VIDE PF-1/37/2022 FIN.
(2124126) DATED 04.08.2022 (ALONG WITH
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TYPED COPY)
Exhibit P-10 TRUE COPY OF THE LETTER
NO.TRY/2518/2023-E1 DATED 22.06.2023
OF THE DIRECTOR OF TREASURY
Exhibit P-11 TRUE COPY OF THE REVISION PETITION
SUBMITTED BY THE PETITIONER BEFORE THE
GOVERNMENT DATED 27.02.2025 (WITHOUT
EXHIBITS)
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PETITIONER'S ANNEXURES
Annexure A1 TRUE COPY OF THE JUDGMENT IN
W.A.NO.194/2024 DATED 03.06.2024.
Annexure A2 TRUE COPY OF THE G.O(RT)
NO.3348/2024/G.EDN DATED 27.05.2024.
RESPONDENTS' ANNEXURES
Annexure R-1 (a) TRUE COPY OF THE GO (P) NO.
29/2016/G.EDN DATED 29.01.2016 ISSUED
BY THE GOVERNMENT
Annexure R1 (b) TRUE COPY OF THE STAFF FIXATION ORDER
OF EPS, ELAMKUNNAPUZHA FOR THE
ACADEMIC YEAR 2014-15 BEARING ORDER
NO. DDIS/C/384/2016 DATED 05.04.2016
Annexure R1 (c) TRUE COPY OF THE STAFF STATEMENT AS ON
01.06.2014
Annexure R1 (d) TRUE COPY G.O.(RT).NO.4784/2017/GEDN
DATED 13.12.2017 ISSUED BY THE
GOVERNMENT
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PETITIONER ANNEXURES
ANNEXURE A1 TRUE COPY OF THE JUDGEMENT IN WA
NO.237/2024 DATED 3-06-2024
ANNEXURE A2 TRUE COPY OF THE G.O(RT)
NO.3348/2024/G.EDN DATED 27-05-2024
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APPENDIX OF CON.CASE(C) 2380/2023
PETITIONER ANNEXURES
Annexure I CERTIFIED COPY OF THE JUDGMENT IN W.P.
(C) NO. 23285/2022 DATED 24.08.2022
Annexure II TRUE COPY OF THE GO (RT) NO.3348/2024/
G.EDN DATED 27.05.2024 ISSUED BY THE
GOVERNMENT
Annexure III TRUE COPY OF THE ORDER OF THE
ASSISTANT EDUCATIONAL OFFICER NO.
C/23350/2021/ D.DIS DATED 10.06.2024
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APPENDIX OF CON.CASE(C) 2526/2023
PETITIONER ANNEXURES
Annexure A1 CERTIFIED COPY OF JUDGMENT DATED
7.8.2023 IN W.P.(C) NO. 13028 OF 2022
Annexure A2 TRUE COPY OF COMMUNICATION NO.
H1/240/2022/G.EDN. DATED 4.11.2022
ISSUED BY THE GOVERNMENT
Annexure A3 TRUE COPY OF G.O.(MS) NO.
258/90/G.EDN. DATED 15.12.1990
