Remanded

State of Kerala v. Gigi Varghese

Kerala HC22 Jul 2013WA/805/2013

Case brief

AI extract

What is this about?

In Writ Appeal No. 805 of 2013, the Kerala High Court disposed of an appeal challenging a single judge's order approving the appointment of a school assistant. The Government contested validity regarding vacancies and seniority but the bench remanded the matter to authorities to consider the facts under the relevant Education Regulations.

What did the court decide?

The writ appeal was disposed by remitting the matter to the authorities for consideration under the provisions of the Kerala Education Regulations.

State of Kerala Vs Gigi Varghese — Pension and Retirement Benefits | Kerala HC (2013)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HON'BLE THE CHIEF JUSTICE DR. MANJULA CHELLUR

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THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

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MONDAY, THE 22ND DAY OF JULY 2013/31ST ASHADHA, 1935

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WA.No. 805 of 2013 () IN WP(C).23587/2012

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AGAINST THE JUDGMENT IN WP(C) 23587/2012 DATED 18-10-2012

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APPELLANTS/RESPONDENTS 1 TO 4:

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

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GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

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2.THE DIRECTOR OF PUBLIC INSTRUCTION OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTION THIRUVANANTHAPURAM.

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3.THE DISTRICT EDUCATIONAL OFFICER OFFICE OF THE DISTRICT EDUCATIONAL OFFICER PATHANAMTHITTA.

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THE ASSISTANT EDUCATIONAL OFFICER OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER PATHANAMTHITTA (IN FULL ADDITIONAL CHARGE OF DISTRICT EDUCATIONAL OFFICER PATHANAMTHITTA.

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BY GOVERNMENT PLEADER SRI.P.I.DAVIS

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RESPONDENTS:

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GIGI VARGHESE W/O.SHAJI JACOB, PULLENKAVUNKAL HOUSE PONTHANPUZHA P.O., MANIMALA, KOTTAYAM 686544 (UPPER PRIMARY SCHOOL ASSISTANT

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BETHANY ASRAM HIGH SCHOOL, CHERUKULANJI).

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THE MANAGER

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BETHANY ASRAM HIGH SCHOOL, CHERUKULANJI-689673.

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R1 BY ADV. SRI.S.SUBHASH CHAND

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THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 22-07-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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APPENDIX

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WA.No. 805 of 2013 () IN WP(C).23587/2012

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ANNEXURE R1(A): TRUE COPY OF THE APPOINTMENT ORDER DATED 02.06.2008 ISSUED BY RESPONDENT NO.2. ANNEXURE R1(B): TRUE COPY OF THE APPOINTMENT ORDER DATED 24.09.2008 ISSUED BY RESPONDENT NO.2

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ANNEXURE R1(C): TRUE COPY OF THE APPOINTMENT ORDER DATED 01.06.2009 ISSUED BY RESPONDENT NO.2.

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/TRUE COPY/

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PA TO JUDGE

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MANJULA CHELLUR,C.J. &

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K.VINOD CHANDRAN, J.

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= = = = = = = = = = = = = = = = Writ Appeal No.805 of 2013

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= = = = = = = = = = = = = = = = = = = = = Dated this the 22nd day of July, 2013

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JUDGMENT

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Manjula Chellur,CJ

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Heard learned Government Pleader as well as learned counsel appearing for the 1^st respondent.

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The 1^st respondent was the writ petitioner before the learned Single Judge. The learned Single Judge has referred to two Government Orders, that is G.O.(P)No.10/10/G.Edn. dated 12.1.2010 and G.O.(P) No.199/2011/G.Edn. dated 01.10.2011. By virtue of the Government Order dated 12.1.2010, the ban for appointments was lifted in respect of additional divisions resulting in some vacancies and another Government Order dated 01.10.2011 came in wherein 'Teachers Package' was introduced.

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According to the Government Order dated 12.01.2010, several conditions were laid down in order to

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Writ Appeal No.805 of 2013

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approve the appointments made during the ban period so far as additional division vacancies are concerned. Certain conditions in the said Government Order are relevant which read as under:-

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“1. As far as the vacancies for the academic year 2006-07 are concerned, appointments can be approved in accordance with the regulations and orders in the permissible additional divisions.

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Those who are given approval as per the above condition, their salary and allowances till 31.10.2009 will be deposited in the Provident Fund Account. The amounts so deposited in the Provident Fund Account will not be permitted to be disbursed even as an advance till 31.03.2015.

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With respect to the academic years 2006-07, 200708, 2008-09 and 2009-10 staff fixation of aided schools shall be re-considered by the respective District Educational Officers and the permissible posts shall be allowed. When the posts as stated above are allowed by the District Educational Officers, in the respective years, the number of students shall be ensured by the respective District Educational Officers and the procedure for affirming the numbers shall be confirmed by the District Educational Deputy Directors.

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Before approving the appointments, the District Educational Officer shall ensure that the posts are available and that the person appointed has the necessary qualifications.

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Writ Appeal No.805 of 2013

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When approving the appointments in aided schools between the years 2006-07 and 2009-10 an undertaking from the Manager shall be obtained that protected teachers will be appointed in the said schools from the year 2010-11 which should be equal to the number of appointments made in the academic years 2006-07 to 2010-11.

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After appointing as many number of protected teachers as appointments were made in the year 2006-07 to 2009-10 then the Manager shall appoint protected teachers and fresh hands in the ratio of 1:1.”

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The learned Single Judge disposed of the writ petition

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directing the 4^th respondent-authority to take further steps to give effect to Exts.P2 and P3 proceedings in respect of approval of the appointment of the writ petitioner with effect from 01.06.2007.

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Aggrieved by the said judgment, the Government is before us contending that the so-called vacancy to which the writ petitioner was taken, is on account of promotion of an UPSA as H.S.A, but however in the academic year 2008-09 on account of shortage of division, the promotee was reverted back as UPSA and again from 01.06.2009 onwards she was promoted as H.S.A, therefore, there was a break of one year

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Writ Appeal No.805 of 2013

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between 2008-09. Apart from this, they also contend that there was a senior hand to the writ petitioner, by name Smt.Rajalakshmi and if at all anyone was entitled to be posted as a UPSA it was said senior and not the writ petitioner.

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By virtue of Government Order dated 12.01.2010, and

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the conditions imposed therein; if the regular UPSA, on account of the additional division came to be promoted in the academic year 2007-08, automatically one post of UPSA will be vacant. When there is short fall in the division, automatically that period will not be counted, so far as payment of salary is concerned. Then coming to the question of seniority in the UPSA cadre, as on today we do not find any claim by any other senior UPSA other than the writ petitioner. If there is such a claim the authorities concerned shall take into consideration the available and existing procedure applicable to such cases at the time of considering the case of the writ petitioner as directed by the learned Single Judge.

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If on facts there was clear vacancy from 01.06.2009 onwards automatically whether the writ petitioner or anyone

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Writ Appeal No.805 of 2013 5

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else for that matter will be entitled for regular salary from that date onwards, is to be considered in accordance with the provisions of KER.

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With these observations we dispose of the writ appeal.

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MANJULA CHELLUR, CHIEF JUSTICE

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K.VINOD CHANDRAN, JUDGE

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sj 22/7

State of Kerala v. Gigi Varghese

Case brief

What is this about?

What did the court decide?

State of Kerala v. Gigi Varghese

Case brief

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