Remanded

Rev.Fr.Varkey A.V. v. State of Kerala

Kerala HC11 Nov 2009WP(C)/2313/2009

Case brief

AI extract

What is this about?

In a writ petition filed by teaching and non-teaching staff of an aided higher secondary school seeking sanction of posts and disbursement of salaries, the Court directed the Director of Higher Secondary Education to take a final decision on the subject proposal within two months.

What did the court decide?

Direction to the Director of Higher Secondary Education to take a decision on the proposed staff fixation within two months and to disburse salaries to approved teachers.

Rev.Fr.Varkey A.V. Vs State of Kerala — Education and Admissions | Kerala HC (2009)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 11TH NOVEMBER 2009 / 20TH KARTHIKA 1931 WP(C).No. 2313 of 2009(A) -----------------------------------

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PETITIONER(S): ------------------------

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1. REV.FR.VARKEY A.V.PRINCIPAL (HSST POLITICS) ST.MARY'S HSS, KIZHAKKEKARA.

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2. ALICE BEENA ALEX (HSST CHEMISTRY) ST.MARY'S HSS, KIZHAKKEKARA.

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3. JAYARAJ.G. (HSST MATHS) ST.MARY'S HSS, KIZHAKKEKARA.

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4. NANCY MATHEW (HSST PHYSICS) ST.MARY'S HSS, KIZHAKKEKARA.

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5. BINU T.VARGHESE (HSST COMPUTER) ST.MARY'S HSS, KIZHAKKEKARA.

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6. JOMI.T.T.

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(HSST MALAYALAM) ST.MARY'S HSS, KIZHAKKEKARA.

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7. JOSE VARGHESE (HSST ENGLISH) ST.MARY'S HSS, KIZHAKKEKARA.

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8. SANTHOSH J (HSST COMMERCE) ST.MARY'S HSS, KIZHAKKEKARA.

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9. SABU T. (HSST ENGLISH) ST.MARY'S HSS, KIZHAKKEKARA.

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10. SANTHOSH DANIEL (HSST JUNIOR ZOOLOGY,ST.MARY'S HSS, KIZHAKKEKARA.

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11. THOMAS.P.JOHN (HSST HISTORY) ST.MARY'S HSS, KIZHAKKEKARA.

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12. JISHA MATHEW (HSST ECONOMICS) ST.MARY'S HSS, KIZHAKKEKARA.

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13. FR.BABU.T. (HSST SOCIOLOGY) ST.MARY'S HSS, KIZHAKKEKARA.

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W.P.(C)2313/2009

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14. THOMAS K.M

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(HSST JUNIOR COMMERCE) ST.MARY'S HSS, KIZHAKKEKARA.

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15. SUJA SIMON (HSST JUNIOR BOTANY) ST.MARY'S HSS, KIZHAKKEKARA

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16. AJUMON VARGHESE (HSST JUNIOR ECONOMICS)ST.MARY'S HSS, KIZHAKKEKARA

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17. SUSAMMA MATHEW (HSST JUNIOR HINDI) ST.MARY'S HSS, KIZHAKKEKARA

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18. SISAYI G. THANKACHAN LAB ASSISTANT, ST.MARY'S HSS, KIZHAKKEKARA .

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19. MARIAMMA.V. LAB ASSISTANT, ST.MARY'S HSS, KIZHAKKEKARA .

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BY ADVS.MR.V.M.KURIAN MR.MATHEW B. KURIAN MR.K.T.THOMAS

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RESPONDENT(S):

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-------------------------

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1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRIUVANANTHAPURAM.

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2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM.

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3. THE REGIONAL DEPUTY DIRECTOR DEPARTMENT OF HIGHER SECONDARY EDUCATION CORPORATION BUILDINGS,PALAYAM, THIRUVANANTHAPURAM.

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4. THE CORRESPONDENT CORPORATE EDUCATIONAL AGENCY MALANKARA SURIAN CATHOLIC SCHOOLS, PATTOM PO THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGER.

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R1 to R3 BY SR. GOVERNMENT PLEADER MUHAMOOD T.T.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) NO.23134/2009

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APPENDIX

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PETITIONER'S EXHIBITS

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P1:- COPY OF THE ORDER DTD. 9.11.06 ISSUED BY THE GOVERNMENT.

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P2:- COPY OF THE STAFF FIXATION ORDER DTD. 10.4.07 ISSUED BY the 3RD RESPONDENT.

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P3:- COPY OF THE ORDER DTD. 26.4.07 ISSUED BY THE 3RD RESPONDENT.

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P4:- COPY OF THE LETTER DTD. 17.9.07 SUBMITTED BY THE MANAGER TOT HE 3RD RESPONDENT.

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P5:- COPY OF THE PROPOSAL DTD. 6.2.08 SUBMITTED BY THE MANAGER TO THE 2ND RESPONDENT WITH COPY TO 3RD RESPONDENT.

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P6:- COPY OF THE LETTER DTD. 31.3.08 SUBMITTED BY THE PRINCIPAL TO THE 3RD RESPONDENT ALONGWITH ENDORSEMENT OF THE 3RD RESPONDENT.

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P7:- COPY OF THE REPRESENTATION DTD. 12.11.08 SUBMITTED BY THE CORRESPONDENT TO THE IST RESPONDENT.

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P8:- COPY OF THE REPRESENTATION DTD. 20.12.08 SUBMITTED BY THE PETITIONERS TO THE IST RESPONDENT.

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P9:- COPY OF THE STATEMENT OF PARTICULARS FOR ALLOTMENT OF PROVIDENT FUND ACCOUNT OF THE 10TH PETITIONER.

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P10:- COPY OF THE ATTENDANCE CERTIFICATE ISSUED TO THE 10TH PETITIONER FOR ATTENDING THE CENTRALIZED VALUATION CAMP OF HIGHER SECONDARY EXAMINATION MARCH 2008.

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P11:- COPY OF THE DUTY CERTIFICATE ISSUED TO THE 10TH PETITIONER FOR ATTENDING THE MEETING OF THE EXTERNAL EXAMINERS.

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P12:- COPY OF THE RELIEVING ORDER DTD. 27.3.08 ISSUED TO THE PETITIONERS FOR ATTENDING DUTY FOR THE HIGHER SECONDARY EXAMINATION MARCH 2008 IN EASWARA-VILASOM HIGHER SECONDARY SCHOOL.

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P13:- COPY OF THE LETTER DTD. 20.11.08 SUBMITTED BY THE CORRESPONDENT TO THE 3RD RESPONDENT.

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P14:- COPY OF THE REQUEST DTD. 18.11.08 SUBMITTED BY THE PRINCIPAL AND FORWARDED TO THE 3RD RESPONDENT.

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P15:- COPY OF THE LIST OF TEACHING AND NON-TEACHING STAFF PRESENTLY WORKING IN THE ST.MARY'S H.S.S.KIZHAKKEKARA.

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P16:- COPY OF THE ORDER DTD. 17.7.09 PASSED BY THE 3RD RESPONDENT.

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R2(a):- COPY OF THE ORDER NO.TRO/5/1356/07/HSE DTD. 17.3.09.

TRUE COPY

P.S. TO JUDGE

tss

T.R. Ramachandran Nair, J.

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W.P.(C) No. 2313 of 2009-A

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Dated this the 11th day of November, 2009.

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JUDGMENT

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The petitioners herein are members of teaching and non teaching staff of St. Mary's Higher Secondary School. Kizhakkekara which is an aided higher secondary school. The school was sanctioned to start three batches of higher secondary courses during the academic year 2006-2007, one each in science, commerce and humanities, as per Ext.P1 order. The science batch was started on 1.12.2006 during the academic year 2006-2007 itself. The required staff for the batch was appointed and the Manager submitted proposal for approval of appointment to the third respondent. It is averred that the third respondent thereafter visited the school and was satisfied about the facilities for running a school. Sanction was accorded for 8 posts of teachers as per Ext.P2 order dated 10.4.2007. The teachers appointed, were paid salary fro 1.12.2006.

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In the year 2007-2008 all the three sanctioned plus one batches were started with effect from 23.7.2007. Fresh appointments have been effected by the management of teaching and non teaching staff by way of transfer/promotion and direct recruitment and accordingly by Ext.P4, the

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wpc 2313/2009 2

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proposals were submitted before the second respondent for approval. Thereafter, the third respondent visited the school on 22.12.2007 and reported that the school is functioning in terms of the Rules and recommended sanction of the posts sought for by the Manager. Ext.P5 is the proposal submitted by the Manager on 6.2.2008 which requires approval. It is the case of the petitioners that till February 2008 the salary to the teachers whose appointments were approved as per Exts.P2 and P3 were being sanctioned and paid by the respondents. So also, the salary of the newly appointed teachers by way of transfer/promotion were being disbursed on the basis of the Last Pay Certificate produced by them. Since no orders have been passed on the proposal for staff fixation submitted by the Manager, the salary bills submitted by the Principal were rejected as per Ext.P6. Ext.P7 is the representation submitted by the Manager to the Government as a reminder to Ext.P5.

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The main prayer in the writ petition is for a direction to respondents 1 to 3 to take a decision on the proposal submitted by the 4^th respondent for approval of appointment of the teaching and non teaching staff in the Higher Secondary Section of St. Mary's Higher Secondary School for the academic year 2007-29\008 and subsequent years, expeditiously. There is a further prayer to sanction and disburse salary and other benefits due to the teachers appointed in the school with effect from

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wpc 2313/2009

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the date of their appointment.

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While admitting the writ petition, this Court had passed an interim order on 11.2.2009 in the following terms:

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“Notice. There will be a direction to the third respondent to sanction and disburse the salary and other benefits due to the approved teachers working in the posts sanctioned as per Ext.P3 order in the St. Mary's Higher Secondary School, Kizhakkekara from March 2008 onwards until further orders.”

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A further interim order was passed on 24.3.2009 which is extracted below:

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“The Regional Deputy Director of Higher Secondary Education, Thiruvananthapuram is directed to consider whether appointment of the petitioners by transfer to St. Mary's Higher Secondary School, Kizhakkekara can be approved. Final orders in the matter shall be passed within six weeks from the date on which the petitioners produce a copy of this order. If the Regional Deputy Director of Higher Secondary Education grants approval, he shall also take necessary steps to draw and disburse the arrears of salary payable to the petitioners expeditiously thereafter.”

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In I. A. No.3547/2009 this Court passed a later order on 26.8.2009 as follows:

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“The respondents seek time to file counter affidavit in the I.A. Pending further orders to be passed in the I.A., there will be a direction to the 3^rd respondent to sanction and disburse salary for a period of six months from March 2008 onwards in respect of petitioners 2 to 9 and for a period of six months in favour of the 1^st petitioner from October 2008 onwards on the basis of the Last Pay

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wpc 2313/2009

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Certificate, within a period of two weeks. The same will be subject to further orders to be passed in the writ petition.”

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Since the said interim order was not complied with, the second petitioner has filed C.O.(C) No.1151/2009. In the light of the fact that the issue regarding the proposal for grant of approval is still pending, it is only just and proper in the fitness of things to issue a direction to the second respondent, viz. the Director of Higher Secondary Education to expedite the matter and take a final decision on Ext.P5. Learned counsel for the petitioners submitted that the same is pending from 4.2.2008 onwards. It is the submission of the learned Govt. Pleader that the second respondent is awaiting necessary orders from the Government in the matter and that has caused the delay.

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There cannot be any dispute that the courses were started as sanctioned by the second respondent and students have been admitted also. The school is functioning in a proper manner to the benefit of the student community as well as the members of the staff. Therefore, undue delay in the matter will affect their interest. One thing that is to be mentioned is that the competent authority has not been able to take a decision in the matter in spite of the fact that from 2006-2007 onwards the petitioners are agitating the matter. Therefore, at any rate, the state of affairs should not continue, as otherwise the teachers who are appointed,

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wpc 2313/2009

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will not be able to get their due benefits and will not be able to pull on further.

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In a recent decision of this Court in State of Kerala v. Saji (2009 (3) KLT 766), it was held that it is the Director of Higher Secondary Education who is the competent authority as regards the sanctioning of posts in higher secondary schools.

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Therefore, there will be a direction to the second respondent to take a decision on Ext.P5 within a period of two months from the date of receipt of a copy of this judgment. In terms of the interim orders passed by this Court, the salary for teachers who have got approved service, will also be disbursed from time to time, on production of Last Pay Certificate. The same will be subject to further orders to be passed by the second respondent on Ext.P5.

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The writ petition is disposed of as above. No costs.

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(T.R. Ramachandran Nair, Judge.)

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kav/

Rev.Fr.Varkey A.V. v. State of Kerala

Case brief

What is this about?

What did the court decide?

Rev.Fr.Varkey A.V. v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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