Appeals challenging the appointment of a Lower Division Clerk in a state school. The Court held that management disputes should not destroy a clerk's career and dismissed all petitions for condonation of delay.
All writ appeals and condemnation of delay petitions were dismissed.
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 C.N.RAMACHANDRAN NAIR &
THE HON'BLE MR. JUSTICE BABU MATHEW P.JOSEPH
TUESDAY, THE 21ST DAY OF FEBRUARY 2012/2ND PHALGUNA 1933
WA.No. 56 of 2012 ()
AGAINST THE UDGMENT IN WPC.688/2005 DATED 28-10-2005
APPELLANT(S)/3RD RESPONDENT:
THE MANAGER ST.THOMAS HIGH SCHOOL KADAPRA NIRANAM, THIRUVALLA.
BY ADV. SRI.P.HARIDAS
RESPONDENT(S)/PETITIONERS AND RESPONDENTS 1 AND 2:
1. STATE OF KERALA
2. SARAMMA, W/O.SAJI, VRAMBINAKATHU HOUSE, NIRANAM
3. THE DEPUTY DIRECTOR OF EDUCATION
4. THE DISTRICT EDUCATIONAL OFFICER, THIRUVALLA.686 101.
BY SR.GOVT. PLEADER SRI.GEORGE MECHERIL
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 21-02-2012, ALONG WITH W.A. NO.55 OF 2012 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
tss
C.N. RAMACHANDRAN NAIR &
BABU MATHEW P. JOSEPH, JJ.
W.A. Nos. 55 & 56 of 2012 C.M.Appl.Nos.24 & 23 of 2012
Dated this the 21st day of February, 2012
JUDGMENT
Ramachandran Nair, J.
In the connected Writ Appeal, one is filed with a delay of 2218 days (C.M.Appl.No. 24/2012) and the other, though filed in time, is on the same issue challenging the appointment of a Lower Division Clerk in the school by the previous Manager. The appellant's case is that the civil court decree is in his favour and so much so, the appointment of Clerk made by the previous Manager should be set aside. The fact remains that the Clerk was appointed in the school in 2004 and her appoint was confirmed by the DEO initially. Admittedly, as of now, she is working as Clerk for the last 8 years. We do not think, dispute in the management of the school should lead to the destruction of the career of a Clerk appointed by the previous Manager.
[W.A.Nos.55 & 56
2
We do not find any merit in the petitions for condonation of delay as well as in the Writ Appeals and therefore all are dismissed.
Sd/-
C.N. RAMACHANDRAN NAIR,
JUDGE
Sd/- BABU MATHEW P. JOSEPH, JUDGE.
krs.
2 issues framed by the court
Whether a dispute in school management justifies overturning an appointment confirmed by authorities and the clerk's continued service.
Whether the writ appeals supported by delayed filings and insufficient grounds are maintainable.
The Manager, St. Thomas High School Kadapra Niranam, Thruvalla
State of Kerala, Aged 50 Years
Saramma, W/o. Saji
The Deputy Director of Education, Pathanamthitta
The District Educational Officer, Thruvalla
C.N. Ramachandran Nair
Babu Mathew P. Joseph
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
