Disposed

Abduraheem Kunduvalappil v. State of Kerala

Kerala HC5 Dec 2018WP(C)/18081/2018

Case brief

AI extract

What is this about?

Petitioner, an appointed Upper Primary School Assistant, sought regularization from 2013. Court directed the respondent to verify student strength, obtain a staff fixation order, and decide on sanctioning the additional vacancy within specified periods. The fitness certificate issue was treated as not arising since the post would be additional.

What did the court decide?

Direct the Deputy Director of Education to verify student strength, obtain staff fixation orders, and sanction or deny the additional vacancy within specified timelines.

Abduraheem Kunduvalappil Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2018)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶4

WEDNESDAY,THE 05TH DAY OF DECEMBER 2018 / 14TH AGRAHAYANA, 1940

¶5

WP(C).No.18081 of 2018

¶6

PETITIONER:

¶7

ABDURAHEEM KUNDUVALAPPIL

¶8

U.P.S.A., MOWANCHERRY U.P SCHOOL, P.O. MOWANCHERRY, KANNUR DISTRICT- 670 613, RESIDING AT KUNDATHIL HOUSE, P.O CHEKKIKULAM, KANNUR DISTRICT - 670 592.

¶9

BY ADV. SRI.P.M.PAREETH

¶10

RESPONDENTS:

¶11

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

¶12

2 DIRECTOR OF PUBLIC INSTRUCTION

¶13

JAGATHY, THIRUVANANTHAPURAM - 695 014.

¶14

3 DEPUTY DIRECTOR OF EDUCATION KANNUR - 670 001.

¶15

4 DISTRICT EDUCATIONAL OFFICER KANNUR DISTRICT - 670 002.

¶16

5 ASSISTANT EDUCATIONAL OFFICER

¶17

KANNUR NORTH, KANNUR DISTRICT - 670 002.

¶18

6 ASHRAF MANAGER, MOWANCHERY U.P SCHOOL, P.O MOWANCHERY, KANNUR DISTRICT - 670 613.

¶19

BY ADVS. SRI.P.V.MIDHUN SRI.E.HARIDAS

¶20

OTHER PRESENT:

¶21

SMT.G RANJITA, GOVERNMENT PLEADER

¶22

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05.12.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶23

W.P.(C) No.18081/2018

¶24

¶25

J U D G M E N T

¶26

The petitioner was appointed as Upper Primary School Assistant in Mowancherry U.P School in Kannur District on 04.06.2012. The appointment was approved only with effect from 01.06.2017. The petitioner's claim for accommodating him from 2013-2014 onwards till approval is granted could not be acceded for two reasons; i) staff fixation order was not finalised as there was no recognised Manager and ii) on account of fitness.

¶27

The petitioner would submit that there were sufficient number of students to sanction an additional post and therefore, the petitioner can be appointed in an additional vacancy from 2013-2014 onwards.

¶28

If sufficient number of students are available, there may not be any difficulty in approving the appointment of the petitioner from 20132014 onwards.

¶29

In regard to the objection on account of absence of fitness certificate, it is stated that certain portion of the building was part of PreKER building. In the counter affidavit filed by the 5^th respondent, in paragraph 7, it is stated as follows:

¶30

W.P.(C) No.18081/2018

¶31

¶32

“7. It is respectfully submitted that, as per records, 11 class rooms were functioned in Pre-KER buildings in Mowanchery UP School. Number of class rooms available in the Post, KER buildings on account of its dimension is only 13. A total of 24 class rooms in which 2 must be set apart for extra space is the existing status of the school building as per the fitness certificate. A total of 11 UPSAs including Headmaster was accommodated in the available strength of UPSAs in the year 2012-2013 onwards and there is no post is available to absorb the petitioner. The number of class division in Mowanchery UP School is 23 as which argued by the petitioner is not true and fair”.

¶33

5. In the light of the statement as above, I am of the view that the

¶34

issue of fitness certificate does not arise in as much as that the claim of the petitioner is for 22^nd UPSA. However, the students strength will have to be verified based on the staff fixation order. Exts.P4, P5 and P5(a) are the staff fixation orders. The sanctioning of additional vacancy would depend upon the staff fixation order.

¶35

Therefore, it is appropriate the 3^rd respondent takes a decision as to the sanctioning of post after verifying the students strength. Necessary steps shall be taken by the 6^th respondent-Manager to move the 3^rd respondent for staff fixation order for the above mentioned period. This shall be done within a period of one month. Thereafter the

¶36

W.P.(C) No.18081/2018

¶37

¶38

3^rd respondent shall take a decision whether additional vacancy can be

¶39

sanctioned or not based on the students strength within a further period of two months.

¶40

This writ petition is disposed of as above.

¶41

Sd/-

¶42

A.MUHAMED MUSTAQUE

¶43

JUDGE

¶44

smp

¶45

W.P.(C) No.18081/2018

¶46

¶47

APPENDIX

¶48

PETITIONER'S/S EXHIBITS:

¶49

EXHIBIT P1 A TRUE PHOTO COPY OF THE APPOINTMENT ORDER DATED 04-06-2012 ISSUED BY THEN APPROVED MANAGER SMT. PATHOOTTY HAJJUMMA.

¶50

EXHIBIT P2 A TRUE PHOTO COPY OF THE ORDER NO C/7064/13 DATED 17-10-2016. EXHIBIT P3 A TRUE PHOTOCOPY OF THE JUDGMENT DATED 02-06-2016 IN WP(C) NO 30818/2014. EXHIBIT P4 A TRUE PHOTO COPY OF THE STAFF FIXATION ORDER DATED 16-04-2016 FOR 2013-14 IN RESPECT OF MOWANCHERY U.P SCHOOL. EXHIBIT P5 A TRUE PHOTOCOPY OF THE STAFF FIXATION ORDER DATED 16-04-2016 FOR THE YEAR 2014-15 IN RESPECT OF MOWANCHERRY U.P. SCHOOL.

¶51

EXHIBIT P5(A) A TRUE PHOTOCOPY OF THE STAFF FIXATION ORDER 26-04-2016 FOR 2015-16.

¶52

EXHIBIT P6 A TRUE PHOTOCOPY OF THE APPEAL DATED 08-112016 FILED BEFORE THE 3RD RESPONDENT CHALLENGING STAFF FIXATION ORDER 2013-14.

¶53

EXHIBIT P7 A TRUE PHOTOCOPY OF THE APPEAL DATED 08-112016 FILED BEFORE THE 3RD RESPONDENT CHALLENGING STAFF FIXATION ORDER 2014-15.

¶54

EXHIBIT P8 A TRUE PHOTOCOPY OF THE LETTER DATED 25-012017 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.

¶55

EXHIBIT P9 A TRUE PHOTOCOPY OF THE REVISION/REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

¶56

EXHIBIT P10 A TRUE PHOTOCOPY OF THE JUDGMENT DATED 07-04-2017 IN WRIT PETITION (CIVIL) NO 12469/2017.

¶57

EXHIBIT P11 A TRUE COPY OF THE G.O(RT) NO 3244/2017/GEDN DATED 18-09-2017.

¶58

W.P.(C) No.18081/2018

¶59

¶60

EXHIBIT P12 A TRUE PHOTOCOPY OF THE ORDER DATED 13-112017 ISSUED BY THE 5TH RESPONDENT. EXHIBIT P13 A TRUE PHOTOCOPY OF THE SENIORITY LIST FOR 2012-13 OF MOWANCHERY U.P SCHOOL. RESPONDENTS' EXHIBITS: NIL.

¶61

True Copy

¶62

P.S to Judge

¶63

smp

Abduraheem Kunduvalappil v. State of Kerala

Case brief

What is this about?

What did the court decide?

Abduraheem Kunduvalappil v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Chairman, Ktct College of Arts and Science Vs University of Kerala

Dr. Shibin Zachariah Vs Secretary (Health)

Aakhil Nabuhan a. Vs the Government Medical College, Kozhikode

Deepa Prabha K.R. Vs the Central Board of Secondary Education

The Manager, Alphonse College, Pala Vs the State of Kerala

Dr. Padiyar Memorial Homeopathic Medical College Vs State of Kerala