Allowed

Siji D. Poruthur v. the State of Kerala

Kerala HC24 Nov 2016WP(C)/22987/2012

Case brief

AI extract

What is this about?

Writ petitions filed by teachers challenging rejection of their appointments as UPSA. The Court granted relief directing approval of appointments based on interpretation of Government Order lifting the ban on additional posts and precedent judgments.

What did the court decide?

Direct respondents to approve appointments of petitioners as UPSA with effect from actual dates of appointment, deeming Manager has undertaken to appoint protected hands.

Siji D. Poruthur Vs the State of Kerala — Pension and Retirement Benefits | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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THURSDAY, THE 24TH DAY OF NOVEMBER 2016/3RD AGRAHAYANA, 1938

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WP(C).No. 22987 of 2012 (W)

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PETITIONER:

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SIJI D. PORUTHUR, WIFE OF SHELLY LOUIS, AGED 31 YEARS, UPPER PRIMARY SCHOOL ASSISTANT, HIGH SCHOOL THIRUVALAYANNUR, KALLUR-VADAKKEKKAD (RESIDING AT THAMARAYUR, KOTTAPPADY, THRISSUR DISTRICT)

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BY ADV. SRI.V.A.MUHAMMED

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RESPONDENT(S):

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1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM- 695 001.

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2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM- 695 014.

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3. THE DEPUTY DIRECTOR OF EDUCATION, THRISSUR AT AYYANTHOLE - 680 003.

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4. THE DISTRICT EDUCATIONAL OFFICER, CHAVAKKAD - 680 506, THRISSUR DISTRICT.

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5. THE MANAGER, HIGH SCHOOL, THIRUVALAYANNUR, KALLUR-VADAKKEKKAD- 679 562, THRISSUR DISTRICT.

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R1 TO R4 BY SENIOR GOVT. PLEADER SRI.BIJOY CHANDRAN

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24-11-2016 ALONG WITH WPC 5706/2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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mbr/

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WP(C).No. 22987 of 2012 (W)

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APPENDIX

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PETITIONER(S) EXHIBITS:

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EXHIBIT-P1 -	TRUE COPY OF THE PETITIONER DATED	APPOINTMENT ORDER OF THE 14.6.2007.
EXHIBIT-P2 -	TRUE COPY OF THE DATED 11.2.2008 O	ORDER NO.B5-63/08/K.DIS. F THE 4TH RESPONDENT.
EXHIBIT-P3 -	TRUE COPY OF THE DATED 17.7.2008 O	ORDER NO.G4/4245/08/K.DIS. F THE DEPUTY DIRECTOR.
EXHIBIT-P4 -	TRUE COPY OF THE THE 2ND RESPONDEN	REVISION PETITION FILED BEFORE T BY THE MANAGER DATED 1.9.2008
EXHIBIT-P5 -	TRUE COPY OF THE 2009-J DATED 9.7.	JUDGMENT IN WPC. NO.16337 OF 2010.
EXHIBIT-P6 -	TRUE COPY OF THE THE GOVERNMENT DA	REVISION PETITION FILED BEFORE TED 9.8.2011.
EXHIBIT-P7 -	TRUE COPY OF THE 2011-Y DATED 1.9.	JUDGMENT IN WPC.NO.23792 OF 2011.
EXHIBIT-P8 -	TRUE COPY OF THE DATED 14.12.2011	G.O.(RT) NO.5561/11/G.EDN. OF THE GOVERNMENT.
EXHIBIT-P9 -	TRUE COPY OF THE	STAFF LIST.
EXHIBIT-P10 -	TRUE COPY OF THE DATED 23.11.2010	ORDER NO.B5-9511/10/D.DIS. OF THE 4TH RESPONDENT.
EXHIBIT-P11 -	TRUE COPY OF THE DATED 25.2.2008 B	REQUEST OF THE MANAGER EFORE THE 3RD RESPONDENT.
EXHIBIT-P12 -	TRUE COPY OF THE KHC 173 (FB) DATE	DECISION REPORTED IN 2013(2) D 25.3.2013.

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RESPONDENTS' EXHIBITS: NIL

//TRUE COPY//

P.S. TO JUDGE

mbr/

ANU SIVARAMAN, J.

W.P.(C) Nos.22987 of 2012 & 5706 of 2013

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Dated this the 24^th day of November, 2016

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JUDGMENT

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Petitioners in these writ petitions are teachers,

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working in the 5^th respondent's school. The petitioner in W.P.(C)No.22987/12 was appointed as UPSA against an anticipated additional post with effect from 04.06.2007. The petitioner in W.P.(C)No.5706/13 was appointed as UPSA in an anticipated additional post on 07.07.2006. Their appointments were not approved, on the plea that there was a ban imposed on appointment against additional post by Government Order dated on 17.08.2005. It was also stated in the orders rejecting approval that the appointments had been made retrospectively, and that they were therefore irregular.

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By G.O.(P)No.10/10/G.Edn dated 12.01.2010, the

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ban was lifted, on the condition that the Manager would submit an undertaking before the educational authorities that

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the next arising vacancies would be filled up by appointing

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W.P.(C) Nos.22987 of 2012 & 5706 of 2013 -2-

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protected teachers. It is submitted that the appointment of teachers, who were appointed later than the petitioners in these writ petitions, was directed to be approved by this Court on the understanding that the Manager had no objection in obeying the conditions incorporated in G.O.(P)No.10/10/G.Edn dated 12.01.2010. It is stated that by Exts.P10 and P11 judgments, it was held the Manager should be deemed to have submitted an undertaking as provided in the said Government Order and the appointments were directed to be approved.

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I notice that the petitioners in these writ

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petitions were appointed by the very same Manager in the very same school as are the cases covered by Exts.P10 and P11 judgments. It is contended that those cases were issued in respect of appointments made later than the date of appointment of the petitioners. In the above circumstances, there is no reason to take a view different from Exts.P10 and P11 judgments.

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In the result, the respondents are directed to

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W.P.(C) Nos.22987 of 2012 & 5706 of 2013 -3-

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approve the appointments of the petitioners as UPSA with effect from the actual dates of their appointments, deeming that the Manager has undertaken to appoint protected hands as provided in G.O.(P)No.10/10/G.Edn dated 12.01.2010. Orders in this regard shall be passed by the competent among the respondents within a period of one month from the date of receipt of a copy of this judgment.

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Writ petition is ordered accordingly.

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Sd/ANU SIVARAMAN, JUDGE

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Siji D. Poruthur v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Siji D. Poruthur v. the State of Kerala

Case brief

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