Petitioners challenged rejection of their appointments following a related writ petition. Court set aside impugned orders and directed respondents to consider applications for appointment approval within three months based on linked judgment.
Impugned orders set aside; 6th respondent directed to consider appointment claims within three months.
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 MRS. JUSTICE ANU SIVARAMAN
THURSDAY, THE 8TH DAY OF DECEMBER 2016/17TH AGRAHAYANA, 1938
WP(C).No. 12786 of 2012 (W)
PETITIONER(S):
1. T.A.PRABHAVATHY, WIFE OF D.SANTHOSHKUMAR,AGED 45 YEARS, HIGH SCHOOL ASSISTANT (MALAYALAM), SREE RAMAKRISHNA GURUKULA VIDYA MANIDRAM HIGHER SECONDARY SCHOOL, PURANATTUKARA, THRISSUR-680 551.
2. P.V.VIJITHA, UPPER PRIMARY SCHOOL ASSISTANT, SREE RAMAKRISHNA GURUKULA VIDYA MANDIRAM HIGHER SECONDARY SCHOOL, PURANATTUKARA, THRISSUR-680 551.
BY ADVS.SRI.V.A.MUHAMMED SRI.M.SAJJAD
RESPONDENT(S):
1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, THIRUVANANTHAPURAM-695 014.
3. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM-695 001.
4. THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION, EDAPPALLY, KOCHI-682 024.
5. THE DEPUTY DIRECTOR OF EDUCATION, THRISSUR AT AYYANTHOLE-680 003.
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WP(C).No. 12786 of 2012 (W)
6. THE DISTRICT EDUCATIONAL OFFICER, THRISSUR-680 001.
7. THE MANAGER, SREE RAMAKRISHNA GURUKULA VIDYA MANDIRAM HIGHER SECONDARY SCHOOL, PURANATTUKARA, THRISSUR-680 551.
8. THE HEADMASTER, SREE RAMAKRISHNA GURUKULA VIDYA MANIDRAM HIGHER SECONDARY SCHOOL, PURANATTUKARA, THRISSUR-680 551.
9. SRI.M.MURALI, LAB ASSISTANT, SREE RAMAKRISHNA GURUKULA VIDYA MANDIRAM HIGHER SECONDARY SCHOOL, PURANATTUKARA, THRISSUR-680 551.
R1 TO R6 BY SENIOR GOVT. PLEADER SMT.RAJI T.BHASKAR R9 BY SRI. V.K. BEERAN(SENIOR ADVOCATE ADV.SRI.PRATHAP PILLAI
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08-12-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 12786 of 2012 (W)
APPENDIX
PETITIONERS' EXHIBITS:
| EXT. P1 : | TRUE COPY OF THE APPOINTMENT ORDER OF THE 1ST PETITIONER DATED 5.6.2006. |
|---|---|
| EXT. P2 : | TRUE COPY OF THE ORDER NO.B3-20201/06/L. DIS. DATED 27.12.2006 OF THE DEPUTY DIRECTOR. |
| EXT. P3 : | TRUE COPY OF THE APPOINTMENT ORDER OF THE 1ST PETITIONER DATED 30.11.2006. |
| EXT. P4 : | TRUE COPY OF THE APPOINTMENT ORDER OF THE 1ST PETITIONER DATED 1.6.2010. |
| EXT. P5 : | TRUE COPY OF THE ORDER NO.B6/4617/10/K.DIS. DATED 19.1.2011 OF THE DISTRICT EDUCATIONAL OFFICER. |
| EXT. P6 : | TRUE COPY OF THE ORDER NO.B3-1970/11/K.DIS. DATED 23.8.2011 OF THE DEPUTY DIRECTOR. |
| EXT. P7 : | TRUE COPY OF THE APPOINTMENT ORDER OF THE 2ND PETITIONER DATED 11.6.2008. |
| EXT. P8 : | TRUE COPY OF THE ORDER NO.K.DIS.B6/5406 OF THE DISTRICT EDUCATIONAL OFFICER DATED 22.11.2008. |
| EXT. P9 : | TRUE COPY OF THE ORDER NO.EC(4)/53950/09/DPI/D.DIS. OF THE DIRECTOR DATED 28.8.2009. |
| **EXT. P10 : ** | TRUE COPY OF THE LETTER NO.60002/B2/10/G.EDN. DATED 3.11.2010OF THE GOVERNMENT |
| EXT. P11: | TRUE COPY OF THE APPOINTMENT ORDER OF THE 2ND PETITIONER DATED 1.6.2010. |
| EXT. P12: | TRUE COPY OF THE ORDER NO.B6-4612/2010/K.DIS. DATED 23/5/11 OF THE DISTRICT EDUCATIONAL OFFICER. |
| EXT. P13: | TRUE COPY OF THE ORDER NO.B2/8368/RDDE/OF THE REGIONAL DEPUTY DIRECTOR DATED 7/10/11. |
| EXT. P14: | TRUE COPY OF THE ORDER NO.ACDA2/32253/2010/HSE OF THE DIRECTOR OF HIGHER SECONDARY EDUCATION DATED 9/1/12. |
| EXT. P15: | TRUE COPY OF THE INTERIM ORDER IN WPC.NO.4377/2012-V OF THIS HON'BLE COURT DATED 26/3/2012. |
| EXT. P16: | TRUE COPY OF THE G.O.(RT)NO.2247/2012 G.EDN. DATED 16/5/11 OF THE GOVERNMENT. |
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WP(C).No. 12786 of 2012 (W)
EXT. P17: TRUE COPY OF THE INTERIM ORDER IN WPC.NO.12212/2012-B OF THIS HON'BLE COURT DATED 29.5.2012. EXT. P18: TRUE COPY OF THE ORDER NO.C1/2012 OF THE MANAGER DATED 28/5/12.
RESPONDENTS' EXHIBITS: NIL.
//TRUE COPY//
P.S. TO JUDGE
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ANU SIVARAMAN, J.
W.P.(C) No.12786 of 2012
Dated this the 8th day of December, 2016
JUDGMENT
The disputes raised in this writ petition is with regard to the appointment of the petitioners in the vacancies created by the appointment of the petitioner in W.P.C.No.12212/2012 as HSST 'by transfer'. The first petitioner herein was promoted as HSA in the vacancy created by the appointment of P.R.Ramachandran as HSST (Malayalam) and the second petitioner was appointed as UPSA against the promotion vacancy of the first petitioner. Approval has been rejected for these appointments, on the ground that the approval of appointment of the petitioner in W.P.(C) No.12212/2012 had been declined. Since the orders refusing to approve the appointment of the petitioner in W.P.(C) No.12212/2012 has been set aside and directions have issued to approve the said appointments, I am of the opinion that the claim for approval to the appointment of the petitioners in this
W.P.(C) No.12786 of 2012 -2-
writ petition also has to be taken up by the respondents, in the light of the judgment in W.P.(C)No.12212/2012. The impugned orders in this writ petition are therefore set aside. The 6th respondent is directed to take up and consider the claim raised by the petitioners in this writ petition for approval of their appointment with effect from the dates of their effective appointments. Orders shall be passed by the 6th respondent, within a period of three months from the date of receipt of a copy of this judgment.
Writ petition is ordered accordingly.
Sd/ANU SIVARAMAN, JUDGE
vs
1 issue framed by the court
Whether the claim for approval of the petitioners' appointments should be taken up given the setting aside of the earlier petitioner's appointment in W.P.(C) No.12212/2012.
Colour shows how this judgement treated each authority
W.P.(C) No.12212/2012Followed¶44
T.A.Prabhavathy
P.V.Vijitha
The State of Kerala
The Manager, Sree Ramakrishna Gurukula Vidya Mandiram Higher Secondary School
Anu Sivaraman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
