Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM WEDNESDAY, THE 31ST DAY OF MAY 2023 / 10TH JYAISHTA, 1945 WP(C) NO. 9230 OF 2012 PETITIONER/S: RUPA S.NAIR, AGED 34 YEARS UPPER PRIMARY SCHOOL ASSISTANT, SNV TEACHER'S TRANING INSTITUTE, KAKKAZHOM, ALAPPUZHA BY ADVS. SRI.S.P.ARAVINDAKSHAN PILLAY SRI.S.A.ANAND SRI.K.A.BALAN SRI.PETER JOSE CHRISTO SMT.N.SANTHA RESPONDENT/S:
1 STATE OF KERALA, REP.BY THE SECRETARY TO GOVERNMENT,GENERAL EDUCATIONAL DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001 2 DEPUTY DIRECTOR EDUCATION ALAPPUZHA, PIN-688001 3 THE DISTRICT EDUCATIONAL OFFICER ALAPPUZHA, PIN-688001 4 THE MANAGER, ANV TEACHER'S TRAINING INSTITUTE, KAKKAZHOM,ALAPPUZHA,PIN-688005 5 E.REENA, LOSER PRIMARY SCHOOL ASSISTANT, SNV TEACHER'S INSTITUTE, KAKKAZHOM, ALAPPUZA,PIN-688005 BY ADVS. SRI.V.A.MUHAMMED SRI.M.SAJJAD
GP - SUNILKUMAR KURIAKOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31.05.2023, ALONG WITH WP(C).17825/2012, 19087/2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM WEDNESDAY, THE 31ST DAY OF MAY 2023 / 10TH JYAISHTA, 1945 WP(C) NO. 17825 OF 2012 PETITIONER/S: ANSON JOSEPH, AGED 30 YEARS UPPER PRIMARY SCHOOL ASSISTANT,SNV TEACHERS'TRAINING INSTITUTE,KAKKAZHOM,ALAPPUZHA,NOW ON DEPUTATION AS CO-ORDINATOR,CLUSTER RESOURCE CENTRE,THURAVOOR. BY ADVS. SRI.S.P.ARAVINDAKSHAN PILLAY SRI.S.A.ANAND SRI.K.A.BALAN SRI.PETER JOSE CHRISTO SMT.N.SANTHA RESPONDENT/S:
1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT,GENERAL EDUCATION DEPARTMENT,SECRETARIAT,THIRUVANANTHAPURAM,PIN- 695001. 2 DEPUTY DIRECTOR EDUCATION ALAPPUZHA,PIN-688001. 3 THE DISTRICT EDUCATIONAL OFFICER ALAPPUZHA,PIN-688001. 4 THE MANAGER, SNV TEACHERS' TRAINING INSTITUTE,KAKKAZHOM,ALAPPUZHA,PIN-688005. 5 E.REENA, LOWER PRIMARY SCHOOL ASSISTANT,SNV TEACHERS'TRAINING INSTITUTE,KAKKAZHOM, ALAPPUZHA,PIN-688005. BY ADVS. SRI.V.A.MUHAMMED SRI.M.SAJJAD GP SUNILKUMAR KURIAKOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 31.05.2023, ALONG WITH WP(C).9230/2012 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM WEDNESDAY, THE 31ST DAY OF MAY 2023 / 10TH JYAISHTA, 1945 PETITIONER/S: E. REENA AGED 32 YEARS W/O. SHUKKOOR, LOWER PRIMARY SCHOOL ASSISTANT SNV TEACHERS TRAINING INSTITUTE, KAKKAZHAM, ALAPPUZHA DISTRICT. BY ADVS. SRI.V.A.MUHAMMED SRI.M.SAJJAD RESPONDENT/S:
1 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001. 2 THE DIRECTOR OF PUBLIC INSTRUCTIONS JAGATHY, THIRUVANANTHAPURAM-695014. 3 THE DISTRICT EDUCATIONAL OFFICER ALAPPUZHA DISTRICT-688001. 4 THE MANAGER SNV TEACHERS TRAINING INSTITUTE, KAKKAZHAM, ALAPPUZHA DISTRICT-688005. 5 THE HEADMISTYRESS SNV TEACHERS TRAINING INSTITUTE, KAKKAZHAM, ALAPPUZHA DISTRICT-688005. 6 SRI. ANSON UPPER PRIMARY SCHOOL ASSISTANT, SNV TEACHERS TRAINING INSTITUTE, KAKKAZHAM, ALAPPUZHA DISTRICT- 688005. 7 SMT. V. ANITHA UPPER PRIMARY SCHOOL ASSISTANT, SNV TEACHERS TRAINING INSTITUTE, KAKKAZHAM, ALAPPUZHA DISTRICT- 688005.
8 SMT. K. MINIMOL UPPER PRIMARY SCHOOL ASSISTANT, SNV TEACHERS TRAINING INSTITUTE, KAKKAZHAM, ALAPPUZHA DISTRICT- 688005. 9 SMT. R. JAYALAKSHMI UPPER PRIMARY SCHOOL ASSISTANT, SNV TEACHERS TRAINING INSTITUTE, KAKKAZHAM, ALAPPUZHA DISTRICT- 688005. 10 SMT. ROOPAS. NAIR UPPER PRIMARY SCHOOL ASSISTANT, SNV TEACHERS TRAINING INSTITUTE, KAKKAZHAM, ALAPPUZHA DISTRICT- 688005. 11 INDU LAKSHMI UPPER PRIMARY SCHOOL ASSISTANT, SNV TEACHERS TRAINING INSTITUTE, KAKKAZHAM, ALAPPUZHA DISTRICT- 688005. BY ADVS. SRI.S.P.ARAVINDAKSHAN PILLAY SRI.ANOOP.V.NAIR SRI.S.P.ARAVINDAKSHAN PILLAY SRI.ANOOP.V.NAIR SRI.S.A.ANAND SMT.L.AMMU PILLAI SRI.K.A.BALAN SRI.GEORGE SEBASTIAN SRI.GOKUL DAS V.V.H. SRI.M.R.JAYAPRASAD SRI.P.MOHANDAS ERNAKULAM SRI.PETER JOSE CHRISTO SMT.N.SANTHA DR.K.P.SATHEESAN SR. SRI.S.VIBHEESHANAN GP SUNILKUMAR KURIAKOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31.05.2023, ALONG WITH WP(C).9230/2012 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VIJU ABRAHAM, J WP(C) Nos. 9230 & 17825 of 2012 & WP(C)No.19087 of 2013 st Dated this the 31 day of May, 2023
J U D G M E N T
In WP(C)No.19087/2013, petitioner seeks implementation of Ext.P14 and Ext.P15 orders whereas in WP(C)No.9230/2012 petitioner challenges Ext.P9 [(Ext.P14) in WP(C)No.19087/2013] and in WP(C)No.17825/2012, the petitioner challenges Ext.P9 [(Ext.P15) in WP(C)No.19087/2013] and also Ext.P10 order.
2. The petitioner in WP(C)No.19087/2013, was working
th as an LPSA in the 4 respondent’s school. She commenced service as LPSA on 01.08.2007. Her appointment from 1.8.2007 to 31.3.2008 was approved on daily wages. As per Ext.P1(a) Lower Primary divisions were sanctioned during 2010-11. Respondent No.7, 8 and 9 entered service as UPSA as per Ext.P2, Ext.P2(a) and Ext.P2(b) respectively, While so, they were shifted as LPSA as per Ext.P3 proceedings dated 2.6.2004, which is not approved by the department. Petitioner submits that this is done without the knowledge, consent or concurrence of those teachers as well as the department. While issuing the staff fixation order, the District Educational Officer ordered retrenchment of the petitioner from the school. On enquiry, the petitioner came to know about the shifting and also the objection submitted by respondents 7, 8 and 9. Aggrieved by the same, the petitioner filed appeal against the staff fixation
order before the Deputy Director of Education, which was
ultimately rejected by Ext.P7. Aggrieved by the same, petitioner preferred revision petition before the first respondent and as per Ext.P14 order, the revision petition submitted by the petitioner was allowed. There was some defects in the date mentioned in Ext.P4 and thereupon Ext.P15 order correcting the same was issued. The petitioner seeks implementation of Ext.P14 and Ext.P15. It is submitted that the legal issue has been decided in favour of the petitioner by the judgment of this court in Thresia Vs Preethy 2014(4) KLT 837. The contention of the petitioners in WP(C)No.17825/2012 and WP(C)No.9230/2012, is essentially that the impugned orders th were issued without notice to them and that the 5 respondent (petitioner in WP(C)No.19087/2013) who was appointed as LPSA cannot state a claim seriously over them, who were appointed as UPSA. The petitioner submitted that by issuance of Ext.R1(a) which is produced as Ext.P15 in WP(C)No.19087/2013 whatever mistakes that has crept in Ext.P14 order has been rectified. However, it is submitted that the impugned orders ought not have been issued without affording an opportunity of being heard to the petitioners.
3. Learned counsel appearing for the petitioner in
WP(C)N0.19087/2013 would submit that if this court is inclined to remit the matter back to the Government for reconsideration on the sole ground that the petitioners and other parties were not heard, the matters may be directed to be reconsidered in the light of full Bench decision in Thresia’s case (supra) and in the light of the judgment in Valsalakumari Devi V State of Kerala 2011 3 KLT 549. After hearing both sides, I am inclined to set aside Ext.P6 produced in WP(C)No.9230/2012 and Ext.P9 produced in WP(C)No.17825/2012 with a consequential direction to the first respondent to reconsider the matter after affording an opportunity of being heard to the petitioners in the writ petitions and other affected parties and take a fresh decision in the matter taking also into consideration the decision of this court in Thresia’s case (supra) and Valsalakumari’s case (supra) and appropriate orders shall be issued within a outer limit of three months from the date of receipt of a copy of this
judgment.
With the abovesaid directions, the Writ petitions are disposed of. sd/- VIJU ABRAHAM, JUDGE R.AV APPENDIX OF WP(C) 9230/2012 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE ORDER OF APPOINTMENT DATED 16-04-2007. EXHIBIT P2 TRUE COPY OF THE ORDER NO.B3-3130/KD IS DATED 22-02-2008 OF THE DISTRICT EDUCATIONAL OFFICER ALAPPUZHA. EXHIBIT P3 TRUE COPY OF THE ORDER OF APPOINTMENT ISSUED TO THE 5TH RESPONDENT. EXHIBIT P4 TRUE COPY OF THE JUDGMENT IN WP(C) HON'BLE COURT EXHIBIT P5 TRUE COPY OF THE REVISION PETITION DATED 20-08-2011 FILED BY THE 5TH RESPONDENT BEFORE THE 1ST RESPONDENT. EXHIBIT P6 TRUE COPY OF THE G.O.(RT) NO. APPENDIX OF WP(C) 17825/2012 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE ORDER OF APPOINTMENT DATED 02-06-2008. EXHIBIT P2 TRUE COPY OF THE LATTER O.EC1/75965/09/DPI DATED 24-12-2009 TO THE 3RD RESPONDENT. EXHIBIT P3 TRUE COPY OF THE ORDER NO.B2/16194/09/DD IS DATED 31-01-2009 OF THE 2ND RESPONDENT. EXHIBIT P4 TRUE COPY OF THE ORDER NO B3/3130/KD IS DATED 22-02-2008 OF THE DISTRICT EDUCATIONAL OFFICER ALAPPUZHA. EXHIBIT P5 TRUE COPY OF THE ORDER OF APPOINTMENT ISSUED TO THE 5TH RESPONDENT. EXHIBIT P6 TRUE COPY OF THE JUDGMENT IN WP(C) HON'BLE COURT. EXHIBIT P7 TRUE COPY OF THE REVISION PETITION DATED 20-08-2011 FILED BY THE 5TH RESPONDENT BEFORE THE 1ST RESPONDENT. EXHIBIT P8 TRUE COPY OF G.O(RT)NO,1361/12/G.EDN DATED 20-03-2012. EXHIBIT P9 TRUE COPY OF G.O(RT)NO.2671/12/GEDN DATED 11-06-2012. EXHIBIT P10 TRUE COPY OF THE ORDER NO.B3-8444/11 DATED 20-06-2012 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P11 TRUE COPY OF INTERIM ORDER DATED 11-06- 2012 IN WP(C)NO. 9230 OF 2012 PASSED BY THIS HON'BLE COURT APPENDIX OF WP(C) 19087/2013 PETITIONER EXHIBITS TRUE COPY OF THE APPOINTMENT ORDER OF THE EXHIBIT P1 PETITIONER DATED 1-8-2007.
TRUE COPY OF THE STAFF FIXATION ORDER
EXHIBIT P1(A) DATED 26-7-2010 FOR THE YEAR 2010-11. TRUE COPY OF THE APPOINTMENT ORDER DATED EXHIBIT P2 1-6-1992 OF THE 7TH RESPONDENT. TRUE COPY OF THE APPOINTMENT ORDER DATED EXHIBIT P2(A) 22-5-1992 OF THE 8TH RESPONDENT. TRUE COPY OF THE APPOINTMENT ORDER DATED EXHIBIT P2(B) 24-6-1991 OF THE 9TH RESPONDENT. TRUE COPY OF THE PROCEEDINGS EXHIBIT P3 DATED 2-6-2004 OF THE MANAGER. TRUE COPY OF THE NOTE SUBMITTED BEFORE THE EXHIBIT P4 DEPUTY DIRECTOR. TRUE COPY OF THE ORDER NO. EXHIBIT P5 B2/15318/2010 /D. DIS DATED 7-12-2010 OF THE DEPUTY DIRECTOR. TRUE COPY OF THE APPEAL DATED 8-1-10 FILED EXHIBIT P6 BEFORE THE 2ND RESPONDENT. TRUE COPY OF THE ORDER NO. RA (1) EXHIBIT P7 THE 2ND RESPONDENT. TRUE COPY OF THE G.O. (MS) NO. 42/2011/G. EXHIBIT P8 EDN. DATED 16-2-11 ISSUED BY GOVERNMENT. TRUE COPY OF THE INTERIM ORDER DATED 23-3EXHIBIT P9 2011 IN WPC NO. 9224/2011-C. TRUE COPY OF THE DECISION REPORTED 1999 (3) EXHIBIT P10 KLT 912 DATED 7-10-1999. TRUE COPY OF THE ORDER NO. D. DIS. EXHIBIT P11 86186/09/RA(3) DPI DATED 9-2-2010 OF THE 2ND RESPONDENT. TRUE COPY OF THE ORDER NO. D. DIS. EXHIBIT P11(A) 62047/10/RA(3) DPI DATED 18-10-2010 OF THE 2ND RESPONDENT. TRUE COPY OF THE DECISION REPORTED IN 2011 KHC EXHIBIT P12 550 DATED 29-3-2011. TRUE COPY OF THE REVISION PETITION FILED EXHIBIT P13 BEFORE THE GOVERNMENT DATED 20-8-2011. TRUE COPY OF THE G.O. (RT) NO. 1361/12/G.EDN. EXHIBIT P14 DATED DATED 20-3-2012 OF THE GOVERNMENT. TRUE COPY OF THE G.O. (RT) NO. 2671/12/G.EDN. EXHIBIT P15 DATED 11-6-2012 OF THE GOVERNMENT. EXHIBIT P16 TRUE COPY OF THE JUDGMENT DATED 22-12-10 IN WPC NO. 25667/2010-G.