Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN TUESDAY, THE 31ST DAY OF JANUARY 2023 / 11TH MAGHA, 1944 WP(C) NO. 3226 OF 2023 PETITIONER/S: 1 CORPORATE MANAGER, AGED 65 YEARS URSULINE CONVENT EDUCATIONAL AGENCY U.M.I, KANNUR, KANNUR DIST., PIN - 670001 2 SR. MAYA. U , AGED 37 YEARS UPPER PRIMARY SCHOOL TEACHER, ST. MARY'S UPPER PRIMARY SCHOOL, PAYYANUR, KANNUR DIST. 670307 RESIDING AT URSULINE CONVENT, PUNCHAKKAD, PAYYANUR VIA, KANNUR DIST., PIN - 670307 BY ADV MURALI PALLATH RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVT. GENERAL EDUCATION DEPARTMENT, GOVT. SECRETARIAT (ANNEX II), THIRUVANANTHAPURAM, PIN - 695001 2 THE DIRECTOR OF GENERAL EDUCATION DIRECTORATE OF GENERAL EDUCATION, JAGATHY, THYCAUD P.O., THIRUVANANTHAPURAM, PIN - 695014 3 THE DEPUTY DIRECTOR OF EDUCATION, KANNUR OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, THANA P.O., KANNUR DIST., PIN - 670002 4 THE DISTRICT EDUCATIONAL OFFICER, TALIPARAMBA DISTRICT EDUCATIONAL OFFICE, TALIPARAMBA, KANNUR DIST., PIN - 670141 5 THE ASSISTANT EDUCATIONAL OFFICER, PAYYANUR ASSISTANT EDUCATIONAL OFFICE, PAYYANUR P.O, KANNUR DISTRICT, PIN - 670307 -2-
OTHER PRESENT: SMT.NISHA BOSE, SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -3-
P.V.KUNHIKRISHNAN, J.
====================================================== W.P.(C) No. 3226 of 2023 ============================================================= Dated this the 31st day of January, 2023
JUDGMENT
The above writ petition is filed with following prayers: i. issue a writ of certiorari calling for records leading to Ext. P3, Ext.P4 orders and set aside them. ii. orders declaring that the 2nd petitioner is entitled for approval as UPST from 01.06.2018 onwards. iii. a writ of mandamus commanding the 2nd respondent to consider and pass appropriate orders on Ext. P8 revision petition within a time limit as fixed by this Hon'ble Court after affording an opportunity for hearing to the petitioners. iv. Orders to dispense with filing of the translation of vernacular documents. v. any other writ or order that this Hon'ble court may deem fit.” (sic)
2. The 1st petitioner is the Corporate Manager of
Ursuline Convent Educational Agency, U.M.I, Kannur and the 2 nd petitioner is an Upper Primary School Teacher (UPST) appointed -4- by the 1st petitioner in St. Mary's U.P. School, Payyanur in Kannur. The 1st petitioner appointed the 2nd petitioner as UPSA in St. Mary's U.P. School, Payyanur from 01.06.2018 onwards in the vacancy of Smt. Chanchala. K, UPSA promoted as High School Teacher and transferred to St. Mary's Girls High School, Payyanur which is also belonging to the same Corporate management. The promotion appointment of Smt. Chanchala as High School Teacher in St. Mary's Girls High School Payyanur was approved by the 4th respondent as per Ext.P2 order dated 29.03.2019. The 5th respondent as per Ext.P3 order rejected approval to the appointment of the 2nd petitioner saying the reason that there is direction in the approval order of Smt. Chanchala. K that the resultant vacancy is to be filled up by protected teacher. The 1st petitioner submitted appeal petition to the 4th respondent against Ext.P3 order under rule 8(5) of Chapter XIV A KER, bu the same is rejected as per Ext.P4. Aggrieved by -5- Exts. P3 and P4 orders, the 1st petitioner submitted Ext.P8 Revision Petition before the 2nd respondent under rule 8A of Chapter XIV A, KER. The grievance of the petitioners is that the same is not considered. Hence, this writ petition.
3. Heard the counsel for the petitioner and the Government Pleader.
4. After hearing both sides, I think this writ petition itself
can be disposed of directing the 2nd respondent to consider Ext.P8 within a time frame in the light of Ext.P5 circular. Therefore, this writ petition is disposed of in the following manner:
1. There will be a direction to the 2 nd respondent to consider and pass appropriate orders in Ext.P8, as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this
judgment.
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2. Before passing final orders, the 2nd respondent will give an opportunity of hearing to the petitioners.
3. While passing orders, the 2nd respondent will consider the applicability of Ext.P5 circular also.
4. The petitioner will produce a certified copy of this
judgment along with a copy of this writ petition before
the 2nd respondent for compliance. Sd/- P.V.KUNHIKRISHNAN JUDGE das -7- APPENDIX OF WP(C) 3226/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF APPOINTMENT ORDER DATED 01.06.2018 ISSUED BY THE 1ST RESPONDENT IN RESPECT OF THE 2ND PETITIONER Exhibit P2 TRUE COPY OF APPOINTMENT ORDER DATED 01.06.2018 ISSUED BY THE 1ST PETITIONER IN RESPECT OF SMT. CHANCHALA. K Exhibit P3 TRUE COPY OF ORDER NO. C/12591/2019 DATED 03.01.2020 ISSUED BY THE 5TH RESPONDENT Exhibit P4 TRUE COPY OF ORDER NO. B5/192295/2020 DATED 31.03.2020 ISSUED BY THE 4TH RESPONDENT Exhibit P5 TRUE COPY OF GOVT. CIRCULAR NO. J2/57/2019/G.EDN. DATED 08.03.2019 Exhibit P6 TRUE COPY OF APPOINTMENT ORDER DATED 01.06.2017 ISSUED BY THE 1ST PETITIONER IN RESPECT OF SMT. THULASI. P.K Exhibit P7 TRUE COPY OF APPOINTMENT ORDER DATED 01.06.2017 ISSUED BY THE ISSUED BY THE 1ST PETITIONER IN RESPECT OF FLOWERIN JOSE Exhibit P8 TRUE COPY OF REVISION APPEAL SUBMITTED BY THE 1ST PETITIONER THROUGH 'SAMANWAYA' Exhibit P9 TRUE COPY OF DETAILS OF PROTECTED
TEACHERS ABSORBED IN ST. MARY'S GIRLS HIGH SCHOOL UPLOADED ALONG WITH EXT. P8 REVISION PETITION THROUGH SAMANWAYA