Disposed

Jayadev G.Pai v. State of Kerala

Kerala HC22 Oct 2013WP(C)/21836/2013

Case brief

AI extract

What is this about?

This High Court of Kerala disposed of two connected writ petitions regarding delayed appointment approvals for teachers. Directing the Government and school managements to consider specific representations on staff fixation and expired approvals, the court ordered a decision within six months.

What did the court decide?

Direction to respondents to consider specific representations on teachers' appointment approvals and pass appropriate orders within six months.

Jayadev G.Pai Vs State of Kerala — 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 HONOURABLE MR.JUSTICE C.T.RAVIKUMAR

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TUESDAY, THE 22ND DAY OF OCTOBER 2013/30TH ASWINA, 1935

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WP(C).No. 21836 of 2013 (D)

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PETITIONERS:

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JAYADEV G.PAI

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HIGHER SECONDARY SCHOOL TEACHER (CHEMISTRY) P.K.K.S.M. HIGHER SECONDARY SCHOOL KAYAMKULAM, NOW RESIDING AT VENKETESWARA NIVAS ERUVA PO, KAYAMKULAM, PIN 690 564.

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GOPAKUMAR.V.K HIGHER SECONDARY SCHOOL TEACHER (PHYSICS) N.S.B.HIGHER SECONDARY SCHOOL, MANNAR

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MANJU.R

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HIGHER SECONDARY SCHOOL TEACHER(CHEMISTRY) N.S.B.HIGHER SECONDARY SCHOOL, MANNAR

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MINI.T

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HIGHER SECONDARY SCHOOL TEACHER(MATHEMATICS) N.S.B.HIGHER SECONDARY SCHOOL, MANNAR

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S.V.VIDYA

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HIGHER SECONDARY SCHOOL TEACHER(MATHEMATICS) V.V.HIGHER SECONDARY SCHOOL, THAMARAKULAM

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JAYAKUMAR.S HIGHER SECONDARY SCHOOL TEACHER(PHYSICS) V.V.HIGHER SECONDARY SCHOOL, THAMARAKULAM

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HENA.S.SANKAR HIGHER SECONDARY SCHOOL TEACHER(CHEMISTRY) V.V.HIGHER SECONDARY SCHOOL, THAMARAKULAM

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BY ADVS.SRI.BENOY THOMAS

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SRI.PAULSON THOMAS

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RESPONDENTS:

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STATE OF KERALA

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REPRESENTED BY THE SECRETARY, GENERAL EDUCATION SECRETARIAT, THIRUVANANTHAPURAM, PIN 695 001.

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WP(C).No. 21836 of 2013 (D)

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THE DIRECTOR DIRECTOR OF HIGHER SECONDARY EDUCATION HOUSING BOARD BUILDING , THIRUVANANTHAPURAM PIN 695 001.

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THE MANAGER M.S.M.HIGHER SECONDARY SCHOOL, KAYAMKULAM 690 502.

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THE MANAGER N.S.B.HIGHER SECONDARY SCHOOL, MANNAR 688 001.

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THE MANAGER V.V.HIGHER SECONDARY SCHOOL, THAMARAKULAM, 690 530.

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R1 TO R3 BY GOVERNMENT PLEADER SRI.M.A.FAYAZ

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22-10-2013, ALONG WITH WPC. 23095/2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 21836 of 2013 (D)

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APPENDIX

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PETITIONERS' EXHIBITS

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EXHIBIT P1 COPY OF THE APPOINTMENT ORDER OF THE IST PETITIONER IN RESPECT OF M.S.M.HSS, KAYAMKULAM W.E.F. 12/7/99 TO 2/10/2000

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EXHIBIT P2 COPY OF THE APPROVAL ORDER OF THE IST PETITIONER IN RESPECT OF M.S.M.HSS, KAYAMKULAM, W.E.F.17/7/2000 TO 2/10/2000

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EXHIBIT P3 COPY OF THE APPROVAL ORDER OF IST PETITIONER DATED 29/8/2009 IN RESPECT OF PKK SM HSS , KAYAMKULAM

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EXHIBIT P4 COPY OF THE REPRESENTATION OF IST PETITIONER

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EXHIBIT P5 COPY OF THE FORWARDING LETTER OF P4 DATED 22/7/2011 ISSUED BY THE MANAGER M.S.M. HSS, KAYAMKULAM

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EXHIBIT P6 COPY OF THE PROCEEDINGS OF THE DIRECTOR DATED 22/5/2012 IN RESPECT OF IST PETITIONER

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EXHIBIT P7 COPY OF THE REVISION PETITION BEFORE THE GOVERNMENT AGAINST P6 PREFERRED BY IST PETITIONER

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EXHIBIT P8 COPY OF THE APPOINTMENT ORDER OF THE 2ND PETITIONER W.E.F.15/7/99

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EXHIBIT P9 COPY OF THE APPOINTMENT ORDER OF THE 3RD PETITIONER W.E.F.15/7/99

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EXHIBIT P10 COPY OF THE APPOINTMENT ORDER OF THE 4TH PETITIONER W.E.F.15/7/99

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EXHIBIT P11 COPY OF THE ORDER SANCTIONING HIGHER SECONDARY TO THE 4TH RESPONDENT'S SCHOOL

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EXHIBIT P12 COPY OF THE STAFF FIXATION ORDER PERTAINING TO 1999-2000 IN RESPECT OF THE 4TH RESPONDENT'S SCHOOL

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EXHIBIT P13 COPY OF THE APPROVAL ORDERS OF PETITIONER NO. 2 IN RESPECT OF 1999-2000 AS HSST (JUNIOR) W.E.F 15/7/99

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EXHIBIT P14 COPY OF THE APPROVAL ORDER OF 3RD AND 4TH PETITIONERS IN RESPECT OF 1999-2000 AS HSST (JUNIOR) W.E.F.15/7/99

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EXHIBIT P15 COPY OF THE STAFF FIXATION ORDER OF THE 4TH RESPONDENT'S SCHOOL IN RESPECT OF 2000-2001

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EXHIBIT P16 COPY OF THE APPROVAL ORDER OF THE PETITIONERS 2,3 AND 4 AS HSST

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EXHIBIT P17 COPY OF THE REPRESENTATION BEFORE THE GOVERNMENT PREFERRED BY PETITIONERS 2,3 AND 4

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WP(C).No. 21836 of 2013 (D)

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EXHIBIT P18 COPOY OIF THE APPOINTMENT ORDER OF THE 5TH PETITIONER W.E.F.17/7/99

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EXHIBIT P19 COPY OF THE APPOINTMENT ORDER OF THE 6TH PETITIONER W.E.F.17/7/99

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EXHIBIT P20 COPOY OF THE APPOINTMENT ORDER OF THE 7TH PETITIONER W.E.F. 17/7/99

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EXHIBIT P21 COPY OF THE STAFF FIXATION ORDER PERTAINING TO 1999-2000 IN RESPECT OF THE 5TH RESPONDENT'S SCHOOL

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EXHIBIT P22 COPY OF THE APPROVAL ORDERS OF PETITIONERS 5,6 AND 7 IN RESPECT OF 1999-2000 AS HSST (JUNIOR) W.E.F.17/7/99

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EXHIBIT P23 COPY OF THE STAFF FIXATION ORDER OF THE 5TH RESPONDENT'S SCHOOL IN RESPECT OF 2000-2001

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EXHIBIT P24 COPY OF THE APPROVAL ORDER OF THE PETITIONERS 5,6 AND 7 AS HSST FROM 24/7/2000

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EXHIBIT P25 COPY OF THE REPRESENTATION DATED 30/7/2007 PREFERRED BY PETITIONERS 5,6 AND 7 BEFORE DIRECTOR

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EXHIBIT P26 COPY OF THE REPRESENTATION PREFERRED BY PETITIONERS 5,6 AND 7 BEFORE GOVERNMENT

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EXHIBIT P27 COPY OF THE G.O.(MS) NO.132/1999/GEN.EDN DATED 11/6/1999

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EXHIBIT P28 COPY OF THE G.O.(MS) NO.261/2000/GEN.EDN.DATED 17/8/2001

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EXHIBIT P29 COPY OF THE G.O.(MS) NO.143/99/GEN.EDN DATED 25/6/99

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EXHIBIT P30 COPY OF THE JUDGMENT IN WPC 40409/2003 DATED 2/2/2012

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EXHIBIT P31 COPY OF THE PROCEEDINGS OF THE DIRECTOR DATED 25/1/2013 ISSUED IN COMPLIANCE OF EXHIBIT P30

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EXHIBIT P32 COPY OF GO MS.NO.124/2012/GEN.EDN.DATED 19/4/2012

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RESPONDENT(S)' EXHIBITS: NIL

// TRUE COPY //

TKS

P.S. TO JUDGE

C.T.RAVIKUMAR, J.

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W.P.(C)Nos.21836 & 23095 of 2013

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Dated 22^nd October, 2013

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JUDGMENT

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The issues involved in these writ petitions are interrelated. Therefore, they were taken up for joint consideration and disposal. The petitioners in these writ petitions are working as Higher Secondary School Teachers under different managements. Though additional batches were sanctioned by the Government there occurred considerable delay in the matter of creation of posts and consequently, in the matter of approval of appointment of the petitioners as well. Evidently, the appointment of the petitioners were later, approved. The contention of the petitioners is that they are entitled to get approval of their appointments after revising the staff fixation taking into account the actual student strength in the concerned subjects including that in the additional batches sanctioned during 1999-2000. Carrying such requests and allied grievances the petitioners moved representations. It is the delay in the matter of taking action on such representations that constrained the petitioners to approach this Court by filing the captioned writ petitions.

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WP(C).Nos.21836 & 23095/2013

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I have heard the learned counsel appearing for the petitioners and also the learned Government. In view of the order I propose to pass in these writ petitions I do not think it necessary to issue notice to the party respondents in these proceedings.

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The learned Government Pleader submitted that in W.P.(C) No.21836 of 2013 the representations from the petitioners except that of the first petitioner were received by the first respondent and they are still pending. The learned counsel appearing for the petitioners submitted that, in fact, the applications from all the petitioners were already received by the respondents. Be that as it may, these writ petitions are disposed of with a direction to the respondents to consider Exts.P17 and P26 representations in W.P.(C)No.21836 of 2013 and Exts.P20 to P23 representations in W.P.(C)No.23095 of 2013 in accordance with law and pass appropriate orders thereon. In view of the submission made by the learned Government Pleader that the representation from the first petitioner in W.P.(C)No.21836 of 2013 is yet to receive, it will be open to the said petitioner to file appropriate petition before the Government. He may do so within two weeks from the date of receipt of copy of this judgment. Considering the fact that the grievances of the petitioners

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WP(C).Nos.21836 & 23095/2013 3

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pertain to approval of their appointments from the academic year 19992000 it will only be appropriate to pass appropriate orders expeditiously, at any rate, within a period of six months from the date of receipt of copy of this judgment.

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C.T.RAVIKUMAR Judge

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TKS

Jayadev G.Pai v. State of Kerala

Case brief

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Jayadev G.Pai v. State of Kerala

Case brief

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