Petitioner challenged denial of L.P.S.A. appointment due to absence of sanctioned post. Court quashed impugned order and directed reconsideration by Assistant Educational Officer after hearing parties within one month.
Impugned order quashed; matter remanded to Assistant Educational Officer for hearing and fresh order within one month.
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 A.MUHAMED MUSTAQUE
THURSDAY, THE 20TH DAY OF DECEMBER 2018 / 29TH AGRAHAYANA, 1940
WP(C).No.6893 of 2018
PETITIONER/S:
RIJO M.J., AGED 38 YEARS, D/O.M.P.JOHN, MANGAI HOUSE, POTTA P.O.,THRISSUR DISTRICT, PINCODE-680 720, LPSA, ST.JOSEPH'S L.P.SCHOOL, VAINTHALA, PALAYAMPARAMBU P.O., THRISSUR - 680 741.
BY ADVS. SRI.V.M.KURIAN SRI.K.T.THOMAS SRI.MATHEW B. KURIAN
RESPONDENT/S:
1 GOVERNMENT OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE,THIRUVANANTHAPURAM - 695 001.
BY SENIOR GOVERNMENT PLEADER, S.GOPINATHAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20.12.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.6893 of 2018 2
JUDGMENT
The petitioner approached this Court aggrieved by denial of approval of appointment as L.P.S.A. in St.Joseph CLPS, Vynthala. Based on the staff fixation order, it was found that there was no post to accommodate the petitioner. The petitioner submits that there was sufficient student strength to accommodate her.
“It is submitted that this office Revised Staff Fixation orders for the years 2011-2012 to 2014-15 vide order No.D-520/16/D.Dis dated 15.3.2016. The total number of divisions sanctioned for 2013-14 is six. One post of HM and 5 posts of LPSA posts were sanctioned in 2013-14. During 2013-14, four divisions in 1:45 ratio and two more divisions in 1:30 ratio and hence in total six divisions and six posts (1 HM and 5 LPSAs posts) were sanctioned to St.Joseph CLPS Vynthala. Based on the effective students strength, one more division can be sanctioned in standard third. But only sanctioned six posts vide Exhibit P5. In the staff list as on 9/6/2014 submitted by the Manager in
WP(C).No.6893 of 2018 3
the Staff Fixation proposal for 2014-15 six teachers were working in the school. The staff fixation proposal for 2014-15 is strictly based on G.O.(P) 29/16/G.Edn dated 29.1.2016. Based on pupils strength only four divisions in 1:45 and one more division in 1:30 was availed. Hence 5 divisions and 5 posts(1 HM and 4LPSAs) sanctioned during 2014-2015. The junior most approved teacher Sr.Elsy T.O. was found excess in the School.
The writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
WP(C).No.6893 of 2018 4
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1. TRUE COPY OF THE APPOINTMENT ORDER DATED 01.06.2011 DULY APPROVED BY 2ND RESPONDENT. EXHIBIT P2. TRUE COPY OF THE APPOINTMENT ORDER DATED 03.06.2013 ISSUED BY 3RD RESPONDENT. EXHIBIT P3. TRUE COPY OF ORDER DATED 20.02.2016 ISSUED BY DIRECTOR OF PUBLIC INSTRUCTION. EXHIBIT P4. TRUE COPY OF THE G.O(P) NO.29/2016/G.EDN. DATED 29.01.2016 ISSUED BY GOVERNMENT. EXHIBIT P5. TRUE COPY OF THE STAFF FIXATION ORDER DATED 15.03.2016 ISSUED BY 2ND RESPONDENT. EXHIBIT P6. TRUE COPY OF THE ORDER DATED 01.07.2013 ISSUED BY 3RD RESPONDENT AND APPROVED BY AEO, VALAPAD. EXHIBIT P7. TRUE COPY OF THE ORDER DATED 03.06.2013 ISSUED BY 3RD RESPONDENT AND APPROVED BY AEO, CHALAKUDY.
RESPONDENTS EXHIBITS:NIL.
//TRUE COPY//
P.A.TO JUDGE
ln
2 issues framed by the court
Whether the impugned order denying approval of appointment as L.P.S.A. can be reconsidered in light of staff fixation orders.
Whether the petitioner has established sufficient student strength to warrant a new division.
Rijo M.J.
Government of Kerala
Assistant Educational Officer, Mala
Corporate Manager, CMC Corporate Educational Agency
Headmistress, St. Joseph's L.P School, Vaintala
A.M.UHAMED MUSTAQUE, J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
