The High Court closed two writ appeals filed by school teachers against interim orders in underlying writ petitions, pending disposal of the petitions by the Single Judge after counter affidavits were filed.
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.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 10TH DAY OF DECEMBER 2021 / 19TH AGRAHAYANA, 1943 WA NO. 1550 OF 2021
AGAINST THE ORDER DATED 22.11.2021 IN WP(C) 26061/2021 OF
HIGH COURT OF KERALA
APPELLANTS/PETITIONERS:
1 SOBHA .T.K AGED 45 YEARS D/O.THANKAPPAN NAIR, RESIDING AT LEKSHMANA SADANAM, PAYARUMOODU, MULLOOR (P.O), THIRUVANANTHAPURAM DISTRICT, PIN-695521.
2 SHALIN KNOX G.U, AGED 37 YEARS S/O.GLADSTON KNOX, RESIDING AT ANU NIVAS, VENNIYOOR, NELLIVILA (P.O), THIRUVANANTHAPURAM DISTRICT, PIN-695523. 3 SHINI A.S, AGED 42 YEARS D/O.ALPHONSE, RESIDING AT ANN NIVAS, MAYPURAM, PARASUVIKKAL (P.O), THIRUVANANTHAPURAM DISTRICT, PIN-695508. 4 VIMAL S.S, AGED 38 YEARS S/O.SUKUMARAN.K, RESIDING AT VALIYAVILA VEEDU, KARODE, UCHKKADA (P.O), THIRUVANANTHAPURAM DISTRICT, PIN-695506. 5 MADHU J.S, AGED 52 YEARS S/O.JANARTHANAN PILLAI, RESIDING AT L S M COTTAGE, KALIYAKKAVILA, SOORIACODE (P.O), KANYAKUMARI DISTRICT, TAMIL NADU, PIN-695506. 6 VINOD V.S, AGED 40 YEARS S/O.VINCENT.D, RESIDING AT V.S VILLA, SANTHIPURAM, MULLOOR (P.O), THIRUVANANTHAPURAM DISTRICT, PIN-695521. 7 UMESH P.U, AGED 41 YEARS S/O.PUSHKARAN, RESIDING AT UMESH NIVAS,
WA Nos. 1550 & 1562 OF 2021
:: 2 :
KATTACHALKUZHI (P.O), THIRUVANANTHAPURAM DISTRICT, PIN-695501. 8 SHINY T.S., AGED 38 YEARS D/O.M.THANKAPPAN, RESIDING AT PHILADELPHIA, THEKKE NULLIYODU, OLATHANNI, NEYYATTINKARA (P.O), THIRUVANANTHAPURAM DISTRICT, PIN-695121. BY ADVS. JAWAHAR JOSE CISSY MATHEWS SARUN RAJAN JAISON ANTONY JARIN JOSEPH
RESPONDENTS:
1 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, STATUE, THIRUVANANTHAPURAM, PIN-695001. 2 THE DIRECTORATE OF PUBLIC INSTRUCTIONS, REPRESENTED BY ITS DIRECTOR, D.P.I JUNCTION, JAGATHY (P.O), THIRUVANANTHAPURAM, PIN-695014. 3 THE ADDITIONAL DIRECTOR OF PUBLIC INSTRUCTION (GENERAL), D.P.I JUNCTION, JAGATHY (P.O), THIRUVANANTHAPURAM, PIN-695014. 4 THE DEPUTY DIRECTOR OF EDUCATION OFFICE AT NALUMUKKU, PAZHAVANGADI (P.O), THIRUVANANTHAPURAM, PIN-695023.
BY SR. GOVERNMENT PLEADER SRI.A J VARGHESE
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 10.12.2021, ALONG WITH WA NO.1562 OF 2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WA Nos. 1550 & 1562 OF 2021
:: 3 :
PRESENT
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 10TH DAY OF DECEMBER 2021 / 19TH AGRAHAYANA, 1943
WA NO. 1562 OF 2021
AGAINST THE ORDER DATED 23.11.2021 IN WP(C) 26304/2021 OF
HIGH COURT OF KERALA
APPELLANTS/PETITIONER IN WP(C):
1 BEIJITH R.S AGED 40 YEARS S/O. RAJU P, LOWER PRIMARY SCHOOL TEACHER, SAS UPS, VENGANOOR, DEPLOYED TO GLPS KOTTUKAL, THIRUVANANTHAPURAM, PIN 695 001.
2 REENAMOL S.R. AGED 41 YEARS D/O. STANLY LOWER PRIMARY SCHOOL TEACHER, LPS MOOVERIKKARA, THIRUVANANTHAPURAM DISTRICT, DEPLOYED TO GLPS ARUVIKKARA, THIRUVANANTHAPURAM.-695001
3 MINI CHANDRAN A.R. AGED 48 YEARS D/O. RAMACHANDRAN, UPPER PRIMARY SCHOOL TEACHER, SAS UPS, VENGANOOR, DEPLOYED TO GLPS, OTTOOR, THIRUVANANTHAPURAM DISTRICT, PIN-695 001.
4 SABU B. AGED 44 YEARS S/O. BABU, LOWER PRIMARY SCHOOL TEACHER, LPS MOOVERIKKARA, THIRUVANANTHAPURAM DISTRICT, DEPLOYED TO GLPS CHEMPOOR, THIRUVANANTHAPURAM, PIN-695 001.
WA Nos. 1550 & 1562 OF 2021
:: 4 :
5 BIJI J.V. AGED 41 YEARS D/O. JOHNSON, UPPER PRIMARY SCHOOL TEACHER, SAS UP SCHOOL, VENGANOOR, DEPLOYED TO GSS LPS KARAMANA, THIRUVANANTHAPURAM DISTRICT, PIN-695 001.
6 BEENA L. AGED 45 YEARS D/O. DAMODARAN, UPPER PRIMARY SCHOOL TEACHER, SAS UPS VENGANOOR, DEPLOYED TO GLPS MOOTHALA, THIRUVANANTHAPURAM DISTRICT, PIN-695 001.
7 ASWATHY A. AGED 34 YEARS W/O. VINODKUMAR, UPSA, NEW UPS, SANTHIVILA, THIRUVANANTHAPURAM, DEPLOYED TO GLPS PIRAPPANCODE, THIRUVANANTHAPURAM, PIN-695 001.
8 ANUJA S.S. AGED 37 YEARS D/O. P.SASIDHARAN THAMPI, LPSA, NEW UPS SANTHIVILA, THIRUVANANTHAPURAM DEPLOYED TO GUPS KOCHIRAVILA, THIRUVANANTHAPURAM, PIN-695 001. BY ADV PAULSON THOMAS
RESPONDENTS/RESPONDENTS IN WP(C):
1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.
2 THE DIRECTOR OF GENERAL EDUCATION GENERAL EDUCATION DEPARTMENT, GOVERNMENT OF KERALA, JAGATHY, THIRUVANANTHAPURAM, PIN-695 005.
WA Nos. 1550 & 1562 OF 2021
:: 5 :
BY SR GOVERNMENT PLEADER SRI. A J VARGHESE
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 10.12.2021, ALONG WITH WA NO.1550 OF 2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WA Nos. 1550 & 1562 OF 2021
:: 6 :
J U D G M E N T
A.K.Jayasankaran Nambiar, J
Since it is brought to our notice by the learned Government Pleader that counter affidavits have been filed in the writ petitions, we deem it appropriate to close these writ appeals by making the interim order passed in the appeals absolute, pending disposal of the writ petition. It will now be open to the learned Single Judge to dispose the writ petitions after hearing the parties on merits. We make it clear that, it will be open to the Government to move the learned Single Judge for an early hearing of the writ petitions.
These writ appeals are closed as above.
Sd/-
A.K.JAYASANKARAN NAMBIAR JUDGE
Sd/-
MOHAMMED NIAS C.P JUDGE
dlk/10/12/
Sobha .T.K and others
Beijith R.S. and others
State of Kerala and others
A.K.Jayasankaran Nambiar
Mohammed Nias C.P.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
