Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS FRIDAY, THE 28TH DAY OF JANUARY 2022 / 8TH MAGHA, 1943 WP(C) NO. 2971 OF 2022 PETITIONER: JOY JOS C., AGED 63 YEARS, SON OF C.G.JOSE, RESIDING AT USHUS, CHIRAMMEL HOUSE, ARANATTUKARA, THRISSUR DISTRICT 680 618. BY ADVS. SRI.V.A.MUHAMMED SRI.M.SAJJAD RESPONDENTS:
1 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, ANNEXE II, THIRUVANANTHAPURAM 695 001. 2 THE DIRECTOR OF GENERAL EDUCATION, (HIGHER SECONDARY WING), HOUSING BOARD BUILDING, SANTHI NAGAR, THIRUVANANTHAPURAM 695 001. 3 THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION, S.R.V.G.H. S.S. BUILDINGS, KASTHOORIRANGAN HALL, ERNKAULAM 682 016. 4 THE DISTRICT EDUCATIONAL OFFICER, PALACE ROAD, THRISSUR 680 020. 5 THE CORPORATE MANAGER, -:2:-
CORPORATE EDUCATIONAL AGENCY, DIOCESE OF THRISSUR, THRISSUR 680 001. SMT.NISHA BOSE,SR.GOVT. PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -:3:-
BECHU KURIAN THOMAS, J.
----------------------------------------- W.P.(C) No.2971 of 2022 ---------------------------------------- Dated this the 28th day of January, 2022
JUDGMENT
Petitioner's wife (Smt.Reena Anto P.) was the Headmistress of a school under the management of the fifth respondent. On 14.12.2011, she was appointed as Principal in St.Joseph's Higher Secondary School, Avinissery. She retired from service on 31.03.2018. Alleging that her appointment as Principal was not approved, petitioner’s wife had approached the first respondent with a representation and thereafter filed a writ petition before this Court as W.P.(C) No.17398 of 2021.
2. By judgment dated 27.08.2021, this Court directed the
petitioner’s wife to submit a fresh representation within ten days from 27.08.2021, narrating her grievances before the first respondent and further directed the first respondent to consider and pass appropriate orders, after affording an opportunity of being heard to the petitioner or her authorised representative.
3. The grievance of the petitioner in this writ petition is that
though the judgment in W.P.(C) No.17398 of 2021 was rendered on -:4:- 27.08.2021, unfortunately, petitioner's wife had expired on 11.08.2021, few days prior to the aforesaid judgment. However, in deference to the directions in W.P.(C) No.17398 of 2021, a representation was submitted by the petitioner herein, within ten days, as prescribed in the judgment. Though the representation dated 03.09.2021 was received by the first respondent, by communication dated 26.11.2021, it was informed that the petitioner
had no right to submit a representation on the basis of the judgment
in W.P.(C) No.17398 of 2021. The present writ petition is instituted challenging Ext.P14 communication dated 26.11.2021 and seeking for a direction to the third respondent to approve the appointment of petitioner's wife as Principal from 14.12.2011 onwards.
4. I have heard Sri.M.Sajjad, the learned counsel for the petitioner as well as Smt.Nisha Bose, the learned Senior Government Pleader for respondents 1 to 4.
5. On a perusal of Ext.P13 judgment dated 27.08.2021, I
notice that this Court had granted a relief to the petitioner therein to approach the first respondent with a fresh representation. In compliance with the said judgment, a representation was also filed. Since even prior to the said judgment, petitioner's wife expired, the -:5:- said judgment has become a nullity. However, the direction in Ext.P13 cannot be ignored by this Court when petitioner has come up seeking an adjudication of his wife's claim for approval.
6. Indisputably, petitioner is the husband of late Reena Anto P.
Hence, the direction in Ext.P13 judgment ought to be heeded to in letter and spirit. In such circumstances, the representation submitted by the petitioner herein pursuant to the judgment in Ext.P13, is required to be considered by the first respondent in a time bound manner.
7. Accordingly, the first respondent is directed to consider and
pass appropriate orders on the representation submitted by the petitioner on 03.09.2021 relating to the claim for approval of appointment of petitioner’s wife (Smt.Reena Anto P.), as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioner as well as the fifth respondent. The writ petition is disposed of as above. Sd/- BECHU KURIAN THOMAS vps JUDGE -:6:- APPENDIX OF WP(C) 2971/2022 PETITIONER'S/S' EXHIBITS EXHIBIT P1 TRUE COPY OF THE DEATH CERTIFICATE OF SMT. REENA ANTO DATED 27.08.2021. EXHIBIT P2 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 01.04.2009. EXHIBIT P3 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 14.12.2011. EXHIBIT P4 TRUE COPY OF THE LETTER ADDRESSED TO THE RDD HSE, ERNAKULAM BY THE MANAGER (E.D. NO. A- 1418/2011 DATED 14.12.2011.). EXHIBIT P5 TRUE COPY OF THE ENDT. NO. B2/21564/RDDE/2013/N.DIS. DATED 14.05.2013 OF THE RDD HSE, ERNAKULAM.
EXHIBIT P6 TRUE COPY OF THE STAFF FIXATION ORDER
FOR THE YEAR 2010 TO 2011 OF THE RDD HSE, ERNAKULAM.
EXHIBIT P7 TRUE COPY OF THE STAFF FIXATION ORDER
FOR THE YEAR 2011-2012 TO 2012-2013 OF THE RDD HSE, ERNAKULAM. EXHIBIT P8 TRUE COPY OF THE PETITION FILED BEFORE THE GOVERNMENT BY THE MANAGER DATED 06.09.2013. EXHIBIT P9 TRUE COPY OF THE LETTER NO. ACD. A2/4988/HSE/2014 DATED 03.03.2014 OF THE DIRECTOR. EXHIBIT P10 TRUE COPY OF THE MERCY PETITION FILED BEFORE THE MINISTER FOR EDUCATION DATED 14.08.2018 BY SMT. REENA ANTO. EXHIBIT P11 TRUE COPY OF THE G.O.(RT) NO. GOVT. EXHIBIT P12 TRUE COPY OF THE DECISION REPORTED IN 2016 KHC 419 DECIDED ON 26.02.2016. -:7:-
EXHIBIT P13 TRUE COPY OF THE JUDGMENT IN WPC NO.
EXHIBIT P14 TRUE COPY OF THE LETTER NO.
H3/245/2021/G.EDN. DATED 26.11.2021 OFTHE GOVERNMENT.