Petitioner challenging rejection of her claim for a regular HSA(Maths) vacancy, arguing she was overlooked after working in the subject by leave. Court found she failed to establish vacancy in her subject and that respondent was appointed to meet minimum subject requirements, dismissing the writ petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE ANTONY DOMINIC
WEDNESDAY, THE 23RD SEPTEMBER 2009 / 1ST ASWINA 1931
WP(C).No. 25232 of 2008(D) ---------------------------------------
PETITIONER(S):
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ANCY ANNA PHILIP, AGED 31, W/O.ISON JOSWA H.S.A. (MATHS)(RELIEVED), ST. MARY'S GIRLS HIGH SCHOOL KOZHENCHERY, RESIDING AT VALUPARAMPIL THEKKEMALA PO., KOZHENCHERY, PATHANAMTHITTA DISTRICT.
BY ADV. MR.V.A.MUHAMMED
MR.K.E.HAMZA
RESPONDENT(S):
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1. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATIONAL DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM.
2. THE DIRECTOR OF PUBLIC INSTRUCTION THIRUVANANTHAPURAM.
3. THE DEPUTY DIRECTOR OF EDUCATION PATHANAMTHITTA AT THIRUVALLA
4. THE DISTRICT EDUCATIONAL OFFICER PATHANAMTHITTA.
5. THE MANAGER, ST.MARY'S HS. & ST.THOMAS H.S.S KOZHENCHERY, PATHANAMTHITTA DISTRICT.
6. MINI MATHEW, HSA(ENG), ST.THOMAS HSS, KOZHENCHERY, PATHANAMTHITTA.
R1 TO R4 BY GOVERNMENT PLEADER MR.K. SANILKUMAR R6 BY MR.KURIAN GEORGE KANNANTHANAM, SENIOR ADVOCATE, ADV. MR.TONY GEORGE KANNANTHANAM.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 25232/2008-D
APPENDIX
PETITIONER'S EXHIBITS:
EXT.P1: COPY OF THE ORDER NO.KD IS/B3/3070/03 OF D.E.O. PATHANAMTHITTA, DATED 30/06/2003.
EXT.P2: COPY OF THE ORDER NO.B3/4210/03 OF D.E.O. PATHANAMTHITTA, DATED 15/07/2003.
EXT.P3: COPY OF THE G.O.(RT)NO.1087/07/G.EDN. OF GOVERNMENT, DATED 12/03/2007. EXT.P4: COPY OF THE G.O.(RT)NO.3335/07/G.EDN. OF GOVERNMENT, DATED 21/07/2007. EXT.P5: COPY OF THE G.O.(RT)NO.1961/06/G.EDN. OF GOVERNMENT, DATED 15/05/2006. EXT.P6: COPY OF THE ORDER NO.B3/8575/05/K.DIS OF D.E.O, DATED 25/03/2006.
EXT.P7: COPY OF THE ORDER NO.B3/7196/05/D DIS OF D.E.O, DATED 02/06/2006.
EXT.P8: COPY OF THE G.O.(MS)NO.275/99/G.EDN. OF GOVERNMENT, DATED 09/11/1999. EXT.P9: COPY OF THE G.O.(MS)NO.11/02/G.EDN. OF GOVERNMENT, DATED 07/01/2002.
EXT.P10: COPY OF THE CIRCULAR NO.67679/J1/02/G.EDN. OF GOVERNMENT, DATED 26/02/2003.
EXT.P11: COPY OF THE ORDER NO.ET(3)/17343/07/D.P.I./K.DIS OF D.P.I, DATED 21/01/2008.
EXT.P12: COPY OF THE G.O.(RT)NO.2095/08/G.EDN. OF GOVERNMENT, DATED 07/05/2008.
EXT.P13: COPY OF THE G.O.(MS)NO.132/09/G.EDN. OF THE GOVERNMENT, DATED 17/06/2009.
RESPONDENT'S EXHIBITS: NIL
//TRUE COPY//
P.S. TO JUDGE
rs.
ANTONY DOMINIC,J.
W.P.(C).No.25232 OF 2008
Dated this the 23rd day of September, 2009.
JUDGMENT
Petitioner worked as a HSA in the leave vacancies during period from 19.1.2000 to 30.3.2000 and 19.6.2001 to 1.6.2004. These appointments were approved as per Exts.P1 and P2 orders. During the currency of the 2nd spell of her appointment, there arose another vacancy of HSA (Maths), during the period from 24.7.2003 to 23.7.2008. It is stated that the Manager appointed the 6th respondent overlooking her claims.
WP(c).No.25232/08
2
Ext.P11 order of rejection, which was also confirmed by the Government as per Ext.P12. It is challenging these orders that the writ petition is filed.
WP(c).No.25232/08 3
employment was necessary, to maintain the minimum subject requirement ordered in GO(MS).No.11/2002 G.Edn. dated 7.1.2002.
In the circumstances I see no merit in the writ petition. Writ petition fails and is dismissed.
(ANTONY DOMINIC)
JUDGE
vi/
WP(c).No.25232/08 4
2 issues framed by the court
Whether the petitioner has a superior claim to a vacancy compared to another 51-A claimant appointed after rejecting her representation?
Whether the Government Order clarifying benefits for claimants applies to appointments already approved?
ANCY ANNA PHILIP
STATE OF KERALA
THE DIRECTOR OF PUBLIC INSTRUCTION THIRUVANANTHAPURAM
THE DEPUTY DIRECTOR OF EDUCATION PATHANAMTHITTA
THE DISTRICT EDUCATIONAL OFFICER PATHANAMTHITTA
THE MANAGER, ST.MARY'S HS
ANTONY DOMINIC
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
