Court set aside Ext.P24 order in abeyance regarding teachers' appointment approval prior to 01.06.2011. Directed 4th respondent to reconsider issue within three months due to prior judgment setting aside KER amendments.
Ext.P24 order set aside. Direction to 4th respondent to consider issue within three months from receipt of certified copy.
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 K.VINOD CHANDRAN
THURSDAY, THE 28TH DAY OF JANUARY 2016/8TH MAGHA, 1937
RP.No. 70 of 2016 () IN WP(C).7948/2014
WP(C) 7948/2014 of HIGH COURT OF KERALA
==================
REVIEW PETITIONERS/PETITIONERS:
1. JAYA S., W/O.REGHUNATHAN NAIR V, REMALAYAM KIDANGANNOOR P.O., PATHANAMTHITTA (UPPER
2. JAYAPRASAD G., S/O.GANGADHARAN NAIR
3. ANITHAKUMARI S, W/O.R.AJAYAKUMAR, NEDUVELIL NALKALICKAL.P.O., ARANMULA, PATHANAMTHITTA (UPPER PRIMARY SCHOOL ASSISTANT SREE VIJAYANANDA GURU VIDYALAYA HIGHER SECONDARY SCHOOL KIDANGANNOOR, NALKALICKAL.P.O., PATHANAMTHITTA).
4. ARCHANA M., W/O.N.K.NANDAKUMAR, KANJIRAPPILLIL NALKALICKAL.P.O., ARANMULA (HIGH SCHOOL ASSISTANT (SANSKRIT) SREE VIJAYANANDA GURU VIDYALAYA HIGHER SECONDARY SCHOOL KIDANGANNOOR, NALKALICKAL.P.O., PATHANAMTHITTA).
5. SUNITHA N.S ., W/O.AKHILESH K.P, KANJIRAM NIKUNNATHIL MEZHUVELI.P.O., PATHANAMTHITTA, (HIGH SCHOOL ASSISTANT(ENGLISH) SREE VIJAYANANDA GURU VIDYALAYA HIGHER SECONDARY SCHOOL KIDANGANNOOR, NALKALICKAL.P.O., PATHANAMTHITTA).
6. MANJU M., W/O.RAJESH KUMAR S, PURAMATTATHU NALKALICKAL.P.O., ARANMULA, PATHANAMTHITTA (UPPER PRIMARY SCHOOL ASSISTANT SREE VIJAYANANDA GURU VIDYALAYA HIGHER SECONDARY SCHOOL KIDANGANNOOR, NALKALICKAL.P.O., PATHANAMTHITTA).
BY ADV. SRI.S.SUBHASH CHAND
RP.No. 70 of 2016 () IN WP(C).7948/2014 -2-
RESPONDENTS/RESPONDENTS:
1. THE STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM -695001
2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTIONS THIRUVANANTHAPURAM - 695001
3. THE DEPUTY DIRECTOR (EDUCATION), OFFICE OF THE DEPUTY DIRECTOR (EDUCATION), PATHANAMTHITTA AT THIRUVALLA - 689101
4. THE DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, THIRUVALLA - 689101
5. THE MANAGER, SREE VIJAYANANDA GURU VIDYALAYA HIGHER SECONDARY SCHOOL (SVGV HSS) KIDANGANNOOR, NALKALICKAL P.O., PATHANAMTHITTA
R1 TO R4 BY Sr. GOVERNMENT PLEADER SMT. M.J. RAJASREE R5 BY SRI.SHINDO VARGHESE
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 28-01-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
SD
K. VINOD CHANDRAN, J.
---------------------------------R.P. No.70 of 2016 In
W.P.(C) No.7948 of 2014-P
---------------------------------Dated this the 28th day of January, 2016
O R D E R
The only contention raised by the learned counsel appearing for the review petitioners is that, the challenge made in the writ petition was with respect to Ext.P24 order, which kept in abeyance the consideration of approval of appointment of the petitioners for the period prior to 01.06.2011. The petitioners were all appointed and approved with effect from 01.06.2011 under the teachers' package. They sought for approval of the appointment of the period from which they were appointed prior to 01.06.2011. The same was kept in abeyance by Ext.P24, on the ground that the Government is
R.P. No.70 of 2016 In W.P.(C) No.7948 of 2014-P 2
proposing to make amendments to the KER. The amendments to the KER were made and the same were substantially set aside in the judgment, against which review is sought. In such circumstance, going by the directions in the judgment and in accordance with law, the matter has to be considered afresh.
In such circumstance, without at all touching upon the judgment as such, Ext.P24 shall stand set aside and there shall be a direction to the 4th respondent to consider the issue within a period of three months from the date of receipt of a certified copy of this judgment.
The review petition is disposed of.
Sd/- K. VINOD CHANDRAN, JUDGE. //True Copy//
P.A. to Judge.
sp/28/01/16
2 issues framed by the court
Whether the Ext.P24 order keeping abeyance the consideration of appointment prior to 01.06.2011 should stand set aside due to amendments in KER being substantially set aside in a prior judgment.
Whether to direct the 4th respondent to reconsider the issue of appointment approval within three months.
1 provisions across 1 enactments
JAYA S.
JAYAPRASAD G.
ANITHAKUMARI S
ARCHANA M.
SUNITHA N.S
MANJU M.
K. VINOD CHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
