Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE & THE HONOURABLE MR. JUSTICE GOPINATH P. WEDNESDAY, THE 26TH DAY OF AUGUST 2020 / 4TH BHADRA, 1942 WA.No.1388 OF 2019 AGAINST THE JUDGMENT DATED 12.02.2019 IN WP(C) 39880/2016(H) OF HIGH COURT OF KERALA APPELLANTS/RESPONDENTS 1, 3 & 4 IN WPC: 1 THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT OF KERALA, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUANATHAPURAM-695 001 2 THE ASSISTANT EDUCATIONAL OFFICER, KOTHAMANGALAM, ERNAKULAM-686 691 3 THE DISTRICT EDUCATINAL OFFICER, KOTHAMANGALAM-686 691 BY GOVERNMENT PLEADER SMT. RAJI T. BHASKAR RESPONDENTS/PETITIONERS & RESPONDENT 2 IN WPC:
1 SOJI ANTONY LOWER PRIMARY SCHOOL ASSISTANT (LPSA), ST.RITHAS LOWER PRIMARY SCHOOL (SRLPS),KUDIKKIARI, ERNAKULAM,RESIDING AT KALLARAKKAL HOUSE, NJAUYAPPILLY P.O., KOTHAMANGALAM-6896 691 2 THE CORPORATE MANAGER, CORPORATE EDUCATIONAL AGENCY, DIOCESE OF KOTHAMANGALAM, KOTHAMANGALAM-686 691 R1 BY ADV. SRI.K.JAJU BABU (SR.) R1 BY ADV. SMT.M.U.VIJAYALAKSHMI R1 BY ADV. SRI.BRIJESH MOHAN R1 BY ADV. SHRI.ASADU AHMMED CHULLINTE R2 BY ADV. SRI.MATHEW B. KURIAN R2 BY ADV. SRI.K.T.THOMAS THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 20-08-2020,
ALONG WITH WA.330/2020, WA.1025/2020, THE COURT ON 26-08-2020 DELIVERED THE FOLLOWING: -: 2 :-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE & THE HONOURABLE MR. JUSTICE GOPINATH P. WEDNESDAY, THE 26TH DAY OF AUGUST 2020 / 4TH BHADRA, 1942 WA.No.330 OF 2020 AGAINST THE JUDGMENT DATED 30.8.2019 IN WP(C) 41628/2017(C) OF HIGH COURT OF KERALA APPELLANTS/RESPONDENTS 1 - 5 IN WPC:
1 STATE OF KERALA REP. BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE-II, THIRUVANANTHAPURAM-695001. 2 THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, THIRUVANANTHAPURAM-695014. 3 THE DEPUTY DIRECTOR OF EDUCATION, ERNAKULAM AT KAKKANAD-682303. 4 THE DEPUTY DIRECTOR OF EDUCATION, IDUKKI AT THODUPUZHA-685525. 5 THE ASSISTANT EDUCATIONAL OFFICER, MUVATTUPUZHA, ERNAKULAM-686673. BY GOVERNMENT PLEADER SMT. RAJI T. BHASKAR -: 3 :-
RESPONDENTS/PETITIONERS & RESPONDENTS 6 & 7 IN WPC:
1 DEEPA JOSEPH W/O.JUSTINE GEORGE, LOWER PRIMARY SCHOOL ASSISTANT, ST.SEBASTIAN'S LOWER PRIMARY SCHOOL, ARIKKUZHA, MUVATTUPUZHA EDUCATIONAL SUB DISTRICT, ERNAKULAM-686672. 2 ANUMOL PAUL, W/O.JIBY K.GEORGE, L.P.S.A.LITTLE FLOWER LOWER PRIMARY SCHOOL, MUVATTUPUZHA, THODUPUZHA, ERNAKULAM-686661. 3 SR. ANJU ANTONY, D/O. LATE V.C.ANTONY, LOWER PRIMARY SCHOOL ASSISTANT, ST.GEORGE UPPER PRIMARY SCHOOL, THOTTAKKARA, MUVATTUPUZHA EDUCATIONAL SUB DISTRICT, ERNAKULAM-686672. 4 THE CORPORATE MANAGER, CORPORATE EDUCATIONAL AGENCY, DIOCESE OF KOTHAMANGALAM, ERNAKULAM-686691. 5 PRASANTH RAJU, LOWER PRIMARY SCHOOL ASSISTANT, ST.UPS CHEPPUKULAM, THODUPUZHA, ERNAKULAM-685581. R5 BY ADV. SRI.PAULSON THOMAS R4 BY K.T. THOMAS R1 TO 3 BY V.A. MUHAMMED THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 20-082020, ALONG WITH WA.1388/2019, WA.1025/2020, THE COURT ON
26-08-2020 DELIVERED THE FOLLOWING: -: 4 :-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE & THE HONOURABLE MR. JUSTICE GOPINATH P. WEDNESDAY, THE 26TH DAY OF AUGUST 2020 / 4TH BHADRA, 1942 WA.No.1025 OF 2020 AGAINST THE JUDGMENT DATED 30.8.2019 IN WP(C) 36653/2018(F) OF HIGH COURT OF KERALA APPELLANTS/RESPONDENTS 1-5 IN WPC:
1 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION (N) DEPARTMENT, SECRETARIAT ANNEX-II, THIRUVANANTHAPURAM-695 001. 2 THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, THIRUVANANTHAPURAM-695014. 3 THE DEPUTY DIRECTOR OF EDUCATION, ERNAKULAM AT KAKKANAD-682030. 4 THE DEPUTY DIRECTOR OF EDUCATION, IDUKKI AT THODUPUZHA-685584. 5 THE ASSISTANT EDUCATIONAL OFFICER, MUVATTUPUZHA, ERNAKULAM DISTRICT-686673. BY GOVERNMENT PLEADER SMT. RAJI T. BHASKAR -: 5 :-
RESPONDENTS/PETITIONERS & RESPONDENTS 6 TO 9 IN WPC:
1 DEEPA JOSEPH W/O.JUSTINE GEORGE, LOWER PRIMARY SCHOOL ASSISTANT, ST.SEBASTIANS LOWER PRIMARY SCHOOL, ARIKKUZHA, MUVATTUPUZHA EDUCATIONAL SUB DISTRICT, ERNAKULAM DISTRICT-686 672. 2 ANUMOL PAUL, W/O.JIBY K.GEORGE, LOWER PRIMARY SCHOOL ASSISTANT, LITTLE FLOWER PRIMARY SCHOOL, MUVATTUPUZHA, THODUPUZHA, ERNAKULAM DISTRICT-686661. 3 SR.ANJU ANTONY, D/O.LATE V.C.ANTONY, LOWER PRIMARY SCHOOL ASSISTANT, ST.GEORGE UPPER PRIMARY SCHOOL, THOTTAKKARA, MUVATTUPUZHA EDUCATIONAL SUB DISTRICT, ERNAKULAM DISTRICT-686672. 4 THE CORPORATE MANAGER, CORPORATE EDUCATIONAL AGENCY, DIOCESE OF KOTHAMANGALAM, ERNAKULAM DISTRICT-686691. 5 SRI.BIJU PAUL, LOWER PRIMARY SCHOOL ASSISTANT, JLP SCHOOL, VETTAMPARA, KOTHAMANGALAM, ERNAKULAM DISTRICT-686681. 6 SRI.ALEX JOY, LOWER PRIMARY SCHOOL ASSISTANT, LFLP SCHOOL, MOOVATTUPUZHA, ERNAKULAM DISTRICT-686661. 7 SMT.LAKSHMI DAS, LOWER PRIMARY SCHOOL ASSISTANT, SALP SCHOOL, INCHOOR, KOTHAMANGALAM, ERNAKULAM DISTRICT-686691. R4 BY ADV. SRI.MATHEW B. KURIAN R4 BY ADV. SRI.K.T.THOMAS R1 TO 3 BY V.A. MUHAMMED THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 20-082020, ALONG WITH WA.1388/2019, WA.330/2020, THE COURT ON
26-08-2020 DELIVERED THE FOLLOWING: -: 6 :-
JUDGMENT
WA Nos.1388/2019, 330/2020 & 1025/2020 Dated this the 26th day of August, 2020
Shaffique, J.
Since identical issues arise for consideration in these cases, they are heard and decided together. The State of Kerala and its officers have preferred these appeals challenging judgment of the learned Single Judge by which direction had been issued to grant approval of the appointment of the teachers from the respective date of appointments.
2. In WA No. 1388/2019, the petitioner was appointed as
LPSA in a promotion vacancy on 1/6/2011. Her appointment has not been approved on the ground that the school was an uneconomic school. The learned Single Judge observed that as a consequence of GO(P)No.199/2011 dated 1/10/2011, the Government Order dated 12/10/2006 will have no relevance. In so far as the petitioner is appointed on 1/6/2011, her appointment cannot be on daily wages. It was held that when the Government
Order dated 12/10/2006 had abated on 1/10/2011, a teacher
-: 7 :-
appointed in an uneconomic school is entitled for regular scale of pay and accordingly direction has been issued to approve the appointment of petitioner effective from 1/6/2011 in the regular scale of pay. The learned Government Pleader made specific reference to Government Order dated 12/10/2006 and circular dated 18/5/2007 issued in clarification of the said Government Order. The fact that the school was an uneconomic school is not
in dispute. The only question is whether the Government Order
dated 12/10/2006 and its clarification issued as per circular
dated 18/5/2007 stood abated by issuance of Government Order
dated 1/10/2011. Of course, in the Government Order dated Government Order had been set aside by a learned Single Judge of this Court as per judgment dated 15/1/2015 in WP(C) No.30107/2013 and connected cases. Therefore, no reference can be made to the said Government Order. Even otherwise, as on the date when the writ petitioner was appointed, Government
Order dated 1/10/2011 was not in existence and therefore, the
appointment could have been made only on daily wage basis. -: 8 :- Learned Single Judge failed to take note of the aforesaid factual aspects while rendering the judgment and therefore the
judgment is liable to be set aside.
3. Learned senior counsel for the 1st respondent/writ
petitioner however would submit that on several occasions, the Government had approved the appointment of teachers working in uneconomic schools despite the existence of such Government Orders. He had produced Exts.R1(b) and (c) to justify the said appointment. All these orders are issued pursuant to directions issued by this Court. Whether they were actually entitled for the same are all matters to be considered on factual basis. At any rate, such Government Orders cannot be a precedent for this Court to arrive at a conclusion as to whether any appointments could be made ignoring the Government Orders.
4. In WA No. 330/2020 arising from WP(C) No.
school was an uneconomic school. Under such circumstances, no regular appointments could have been made and appointment could have been effected only on daily wage basis. This case was -: 9 :- decided based on the judgment in WP(C) No. 39880/2016 which we have already interfered with. This case also has to be decided in similar fashion.
5. WA No. 1025/2020 is again a connected matter wherein three other teachers sought for approval of appointment w.e.f. 1/6/2011. Similar view is to be taken in the present case also.
In the result, these appeals are allowed setting aside the judgments of the learned Single Judge and WP(C) Nos.39880/16, Sd/- A.M.SHAFFIQUE JUDGE Sd/- GOPINATH P. Rp JUDGE -: 10 :- APPENDIX OF WA 1388/2019 APPELLANTS' EXHIBITS: ANNEXURE A1 TRUE COPY OF GOVERNMENT LETTER NO.60930/J2/G.EDN DATED 25.10.2011. ANNEXURE A2 TRUE COPY OF CIRCULAR NO.13402/J2/12/G.EDN.DATED 10.05.2012. ANNEXURE A3 TRUE COPY OF CIRCULAR NO.58604/J2/12/G.EDN DATED 06.11.2012. RESPONDENT'S EXHIBITS
ANNEXRUE R1(A) TRUE COPY OF GOVERNMENT ORDER
NO.24347/E1/2012/G.EDN. DATED 26.5.2012 ANNEXURE R1(B) COPY OF THE G.O(RT) NO.1510/12/GEDN. DATED 28.3.2012 ISSUED BY THE 1ST RESPONDENT ANNEXURE R1(C) COPY OF THE GO(MS) NO.1422/12/G.EDN DATED 23.3.2012 ISSUED BY THE 1ST RESPONDENT. ANNEXURE R1(D) COPY OF THE G.O.NO.3253/2019/G.ED DATED 13.8.2019 ISSUED BY THE 1ST RESPONDENT.