In a writ appeal by a school teacher against a composite order dismissing her petition for regularization as UPSA, the two-judge bench of the Kerala High Court dismissed the appeal holding there was no clear vacancy in the UPSA cadre on the date of her appointment.
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 HON'BLE THE CHIEF JUSTICE DR. MANJULA CHELLUR
&
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
FRIDAY, THE 26TH DAY OF JULY 2013/4TH SRAVANA, 1935
WA.No. 1071 of 2013 () IN WP(C).1570/2012
AGAINST THE ORDER/JUDGMENT IN WP(C) 1570/2012 DATED 22-02-2013
APPELLANTS/PETITIONERS:
CORPORATE MANAGEMENT OF LUTHERAN SCHOOL INDIA EVANGELICAL LUTHERAN CHURCH, PEROORKADA THIRUVANANTHAPRUAM
BY ADVS.SRI.S.SREEKUMAR (SR.)
SRI.C.P.PEETHAMBARAN
SMT.MINI.V.A.
RESPONDENTS/RESPONDENTS:
BY SENIOR GOVERNMENT PLEADER SRI.P.I.DAVIS
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 26-07-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
MANJULA CHELLUR,C.J. &
K.VINOD CHANDRAN, J.
= = = = = = = = = = = = = = = = Writ Appeal No.1071 of 2013
= = = = = = = = = = = = = = = = = = = = = Dated this the 26th day of July, 2013
JUDGMENT
Manjula Chellur,CJ
Heard both sides.
Writ Appeal No.1071 of 2013
2
were shifted to LPSA for want of staff in LPSA, therefore, there was vacancy available in UPSA. By shifting three UPSA teachers to LPSA the total teaching staff strength of 25 in the primary section continued and even the salaries were received for all the 25 teachers in the respective posts. The question is whether the 1st appellant was entitled to be appointed at all on 07.06.2006 as UPSA.
Writ Appeal No.1071 of 2013
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make their shifting a legal one or a rightful one.
Having regard to this factual situation, the learned Single Judge was justified in saying the 1st appellant has no established right seeking benefit of her appointment as UPSA with effect from 07.06.2006. Accordingly, the writ appeal is dismissed.
MANJULA CHELLUR, CHIEF JUSTICE
K.VINOD CHANDRAN, JUDGE
sj 26/7
3 issues framed by the court
Whether the appellant was entitled to regular appointment as UPSA when there was no clear vacancy in that cadre on the date of appointment.
Whether shifting excess UPSA teachers to LPSA created a valid vacancy in the UPSA cadre for regularization.
Whether the Single Judge erred in holding the appellant had no established right to permanent appointment as UPSA.
Ajantha K
The Manager, Corporate Management of Lutheran School India Evangelical Lutheran Church
State of Kerala
The Director of Public Instruction
The District Education Officer, Alappuzha
Manjula Chellur
K. Vinod Chandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
