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State of Kerala vs Anoop Chandy

State of Kerala vs Anoop Chandy

Type Court Judgment Court Kerala Decided Apr 01, 2019
~3 min read
https://sooperkanoon.com/case/1901462

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
RP/624/2018

Parties & Advocates

Appellant / Petitioner

State of Kerala

Respondent

Anoop Chandy

Excerpt

.....protected teachers will be subject to rules 43, 51a and 51b of chapter xiv a, ker. it is stated that the petitioner being a rule 43 claimant who had been appointed as upsa from the post of full time menial would be entitled for appointment, even in termsof the amendment effected to the ker. it is therefore contended that the review petition does not require consideration and the issue has to be reconsidered by the respondents on the strength of the staff fixation orders for the year 2016-17 and also taking note of sro no.166/2019, by which the petitioner is entitled to appointment as upsa with effect from 17.10.2016 itself.3. the learned government pleader submits that the petitioner had been reverted as full time menial andhad been working as such. however, in view of the fact that the manager had appointed the petitioner as upsa with effect from 17.10.2016, if the said appointment is in order, the petitioner would be entitled to approval of the said appointment from 17.10.2016 itself. the rp.no. 624 of 2018 in wp(c). 802/2018 4 said aspect is clarified. the review petition is disposed of, directing the review petitioner to consider the claim of the petitioner for approval of appointment as upsa with effect from 17.10.2016, taking note of the staff fixation orders as also the provisions of s.r.o no.166 of 2019. orders shall be passed within a period of one month from the date of receipt of a copy of this order. sd/- anu sivaraman sab judge

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN MONDAY, THE 01ST DAY OF APRIL 2019 / 11TH CHAITHRA, 1941 RP.No. 624 of 2018 IN WP(C). 802/2018 REVIEW PETITIONER/S:

1 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT,GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT ANNEX-II,THIRUVANANTHAPURAM-695001. 2 THE DIRECTOR OF PUBLIC INSTRUCTION JAGATHY, THIRUVANANTHAPURAM-695014. 3 THE DEPUTY DIRECTOR OF EDUCATION KOTTAYAM DISTRICT-686001. 4 THE DISTRICT EDUCATIONAL OFFICER KADUTHURUTHY, KOTTAYAM DISTRICT-686604. BY ADV. GOVERNMENT PLEADER SUNILKUMAR KURIAKOSE

RESPONDENT/S: 1 ANOOP CHANDY S/O V.M CHANDY, UPPER PRIMARY SCHOOL ASSISTANT, ST.MARY'S HIGHER SECONDARY SCHOOL, KURAVILANGAD, KADUTHURUTHY,KADUTHURUTHY EDUCATIONAL DISTRICT, KOTTAYAM DISTRICT. 2 THE CORPORATE MANGER CORPORATE EDUCATIONAL AGENCY, DIOCESE OF PALA, PALA,KOTTAYAM DISTRICT-686575. BY ADV. SRI.B.MOHANLAL THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 01.04.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: RP.No. 624 of 2018 IN WP(C). 802/2018 2

O R D E R

This Review Petition is filed seeking a review of the judgment dated 22.01.2018 on the ground that the post of UPSA, against which the petitioner's claim was directed to be considered was an additional post and as such, the same ought to have been filled up by a protected teacher.

2. The learned Government Pleader would submit

that pursuant to judgment dated 22.1.2018, the claim of the petitioner for approval of appointment as UPSA with effect from 17.10.2016 was directed to be considered on the basis of Ext.P7 staff fixation order dated 13.12.2017. It is stated that pursuant there to, an

order has been passed by the DEO on 19.2.2018 rejecting

the request for approval on the ground that the post against which the writ petitioner had been appointed was an additional division vacancy and as such, it could not have been filled up by appointing the petitioner.

3. The learned counsel for the writ petitioner

RP.No. 624 of 2018 IN WP(C). 802/2018 3 submits that by order dated 28.2.2019, the provisions of Rule 7, Chapter XX1 of the KER had been further amended stating that the provision for filling up of additional post by protected teachers will be subject to Rules 43, 51A and 51B of Chapter XIV A, KER. It is stated that the petitioner being a Rule 43 claimant who had been appointed as UPSA from the post of Full Time Menial would be entitled for appointment, even in terms

of the amendment effected to the KER. It is therefore contended that the review petition does not require consideration and the issue has to be reconsidered by the respondents on the strength of the staff fixation orders for the year 2016-17 and also taking note of SRO No.166/2019, by which the petitioner is entitled to appointment as UPSA with effect from 17.10.2016 itself.

3. The learned Government Pleader submits that the petitioner had been reverted as Full Time Menial and

had been working as such. However, in view of the fact that the Manager had appointed the petitioner as UPSA with effect from 17.10.2016, if the said appointment is in order, the petitioner would be entitled to approval of the said appointment from 17.10.2016 itself. The RP.No. 624 of 2018 IN WP(C). 802/2018 4 said aspect is clarified. The review petition is disposed of, directing the review petitioner to consider the claim of the petitioner for approval of appointment as UPSA with effect from 17.10.2016, taking note of the staff fixation orders as also the provisions of S.R.O No.166 of 2019. Orders shall be passed within a period of one month from the date of receipt of a copy of this order. Sd/- ANU SIVARAMAN sab JUDGE

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