Disposed

W. Vimala v. State of Kerala

Kerala HC13 Sept 2021WA/783/2021

Case brief

AI extract

What is this about?

The High Court disposed of three connected writ appeals filed by teachers contesting appointment approvals. Ruling that one teacher (Sheeba) had subsequently been appointed, the court directed approval of the other teacher's (Vimala) appointment from June 2010 and deemed the rival claimant's petition infructuous.

What did the court decide?

Appointment of W.Vimala approved with effect from 1.6.2010; relevant writ petitions allowed or dismissed as infructuous depending on subsequent appointments granted.

W. Vimala Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

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THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

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MONDAY, THE 13^TH DAY OF SEPTEMBER 2021 / 22ND BHADRA, 1943

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WA NO. 784 OF 2021

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AGAINST THE JUDGMENT IN WP(C) 7367/2018 OF HIGH COURT OF KERALA,

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ERNAKULAM

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APPELLANT/6th RESPONDENT:

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W.VIMALA AGED 49 YEARS

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UPPER PRIMARY HIGH SCHOOL ASSISTANT (NOT APPROVED), ST. PAUL'S HIGH SCHOOL, KOZHINJAMPARA, PALAKKAD DISTRICT-678 555

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BY ADVS. GEORGE POONTHOTTAM (SR.) NISHA GEORGE

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RESPONDENTS/WRIT PETITIONER/RESPONDENTS 1 TO 5 & 7:

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1 S.SHEEBA AGED 34 YEARS

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DAUGHTER OF LATE SELVARAJ, PARAPPURATH HOUSE, NEHRU NAGAR, NATUKAL POST, CHITTUR, PALAKKAD DISTRICT-678 554

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

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3 THE DIRECTOR OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM-695 014

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4 THE DEPUTY DIRECTOR OF EDUCATION, PALAKKAD DISTRICT-678 001

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5 THE DISTRICT EDUCATIONAL OFFICER, PALAKKAD P.O, PALAKKAD -678 001

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WA Nos.784,783&797 of 2021

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6 THE MANAGER,

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ST. PAUL'S HIGH SCHOOL, KOZHINJAMPARA, PALAKKAD DISTRICT-678 555

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7 SMT. ANNAMMA, JUNIOR HINDI TEACHER (NOT APPROVED), ST. PAUL'S HIGH SCHOOL, KOZHINJAMPARA, PALAKKAD DISTRICT-678 555

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SR GP PREMCHAND R NAIR

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THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 13.09.2021, ALONG WITH WA.783/2021, 797/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WA Nos.784,783&797 of 2021

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

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THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

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MONDAY, THE 13^TH DAY OF SEPTEMBER 2021 / 22ND BHADRA, 1943

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WA NO. 783 OF 2021

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AGAINST THE JUDGMENT IN WP(C) 7041/2018 OF HIGH COURT OF

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KERALA, ERNAKULAM

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APPELLANT/PETITIONER:

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W. VIMALA AGED 49 YEARS UPPER PRIMARY HIGH SCHOOL ASSISTANT, ST.PAUL'S HIGH SCHOOL, P.O. KOZHINJAMPARA, PALAKKAD DISTRICT-678 555

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BY ADVS. GEORGE POONTHOTTAM (SR.) NISHA GEORGE

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RESPONDENTS/RESPONDENTS:

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

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2 THE ADDITIONAL DIRECTOR OF GENERAL EDUCATION, THIRUVANANTHAPURAM-695 001

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WA Nos.784,783&797 of 2021

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3 THE DEPUTY DIRECTOR OF EDUCATION, PALAKKAD-678 555

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4 THE DISTRICT EDUCATIONAL OFFICER, PALAKKAD P.O., PALAKKAD-678 555

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5 THE MANAGER, ST.PAUL'S HIGH SCHOOL, P.O. KOZHINJAMPARA -678 555, PALAKKAD DISTRICT

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6 SHEEBA, PARAPPURATH HOUSE, NEHRU NAGAR, NATUKAL P.O., CHITTUR, PALAKKAD-678 554

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THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 13.09.2021, ALONG WITH WA.784/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WA Nos.784,783&797 of 2021

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

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THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

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MONDAY, THE 13^TH DAY OF SEPTEMBER 2021 / 22ND BHADRA, 1943

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WA NO. 797 OF 2021

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AGAINST THE JUDGMENT IN WP(C) 2281/2019 OF HIGH COURT OF

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KERALA, ERNAKULAM

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APPELLANT:

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W. VIMALA AGED 49 YEARS UPPER PRIMARY HIGH SCHOOL ASSISTANT, ST.PAUL'S HIGH SCHOOL, P.O. KOZHINJAMPARA, PALAKKAD DISTRICT-678 555

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BY ADVS. GEORGE POONTHOTTAM (SR.) NISHA GEORGE A.L.NAVANEETH KRISHNAN

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RESPONDENTS/RESPONDENTS/WRIT PETITIONER:

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

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2 THE DIRECTOR OF GENERAL EDUCATION, (ERSTWHILE DIRECTOR OF PUBLIC INSTRUCTIONS), OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM-695 014

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3 THE DEPUTY DIRECTOR OF EDUCATION, PALAKKAD-678 555

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4 THE DISTRICT EDUCATIONAL OFFICER, PALAKKAD P.O., PALAKKAD-678 555

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5 S.SHEEBA, D/O.LATE D.SELVARAJ, PARAPPURATH HOUSE, NEHRU NAGAR, NATTUKAL P.O., CHITTUR, PALAKKAD-678 554

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THE MANAGER, ST.PAUL'S HIGHER SECONDARY SCHOOL, KOZHINJAMPARA -678 555, PALAKKAD DISTRICT

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THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 13.09.2021, ALONG WITH WA.784/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WA Nos.784,783&797 of 2021

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JUDGMENT

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[WA Nos.784/2021, 783/2021, 797/2021]

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A.K.Jayasankaran Nambiar J.

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These writ appeals have been preferred by Smt.W.Vimala, whose appointment as UPSA (Hindi) was not approved on account of the fact that there was a rival claim for appointment to the said post raised by Smt.S.Sheeba. It would appear that both Smt.W.Vimala and Smt.S.Sheeba had claimed appointment to the post with effect from 1.6.2010 and, while Smt.W.Vimala was a fresh appointment to the post with effect from that date, Smt.S.Sheeba had claimed priority in appointment to the said post on the ground that she was a Rule 51B claimant. The rival claims of the two teachers above were considered by the Government which found the claim of Smt.S.Sheeba to be devoid of merit more so because there was a dispute with regard to whether she had actually preferred an application raising her claim under Rule 51B Chapter XIVA KER. The Government, however, directed the Mnager to consider appointing Smt.

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Sheeba to the next arising vacancy in the school.

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Smt. Sheeba filed W.P.(C) No. 7367/2018 challenging the said Government order. Smt.W.Vimala also independently approached this Court through W.P(C) No.7041/2018 seeking a direction to the Educational authority to approve her appointment as UPSA (Hindi) with effect from 1.6.2010, as it was her case that the said appointment could not be made subject to any appointment granted to Smt.S.Sheeba. There was also a prayer for disbursal of salary and other consequential benefits flowing from the approval to her appointment. W.P(C) No.2281/2019 was one preferred by the Manager of the School, impugning the Government order to the extent it directed the Manager to consider the claim of Smt.S.Sheeba under Rule 51B of Chapter XIVA KER to the next arising vacancy in the school. It was the stand of the Manager that Smt.S.Sheeba had not preferred an application in terms of Rule 51B of the KER within the time specified for the same and hence her claim could not be entertained under that Rule.

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The learned Single Judge, who considered the writ petitions together by the common judgment impugned in these

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writ appeals, allowed W.P(C) No.7041/2018 preferred by Smt.W.Vimala, directing the competent authorities to grant approval to her appointment with effect from 1.6.2010, subject to the claim of Smt.S.Sheeba. W.P(C) No.2281/2019 preferred by the Manager was also allowed setting aside the Government order dated 24.1.2018 by issuing a consequential direction to the Government to consider the claim of Smt.S.Sheeba for appointment under the Dying-in-harness Scheme, based on her applications for the same and after verifying the veracity of the Certificate of Posting and the application along with it dated 28.5.2004. W.P(C) No.7367/2018 preferred by Smt.S.Sheeba was disposed in terms of the directions above, clarifying that if the Government found that she was entitled to any benefit, the same should be offered to her and that the approval of Smt.W.Vimala would stand modulated to that effect, if it becomes so necessary.

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When these writ appeals came up for hearing before us today, it is submitted by Sri.V.A.Muhammed, the learned counsel for Smt.S.Sheeba that she has since been offered appointment in the school as UPSA (Hindi) with effect from 15.7.2021 and hence she does not wish to pursue her claim for

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WA Nos.784,783&797 of 2021

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appointment with effect from 1.6.2010. In the light of the said submission of the learned counsel for Smt.S.Sheeba, we find that these writ appeals can now be disposed with the following directions:

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a) W.P(C) No.7041/2018 is allowed and the District Educational Officer, Palakkad is directed to approve the appointment of Smt.W.Vimala with effect from 1.6.2010. Necessary orders approving the said appointment shall be passed within a month from today and consequential benefits flowing from the said approval shall be disbursed to Smt.W.Vimala within three months thereafter.

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b) W.P(C) No.2281/2019 is allowed by setting aside the Government Order dated 24.1.2018 to the extent it directs the Manager to consider the claim of Smt.S.Sheeba for appointment in the next arising vacancy in the school. In the light of the appointment subsequently granted to Smt.S.Sheeba as recorded above, no further directions need to be issued in the said writ petition.

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WA Nos.784,783&797 of 2021

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c) W.P(C) No.7367/2018 preferred by

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Smt.S.Sheeba is dismissed as infructuous in the light of

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the subsequent developments recorded above.

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The directions issued by the learned Single Judge in the judgment impugned in these writ appeals shall stand modified in terms of the directions in this judgment.

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These Writ Appeals are disposed of as above.

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Sd/-

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A.K.JAYASANKARAN NAMBIAR JUDGE

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Sd/-

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MOHAMMED NIAS C.P. JUDGE

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WA Nos.784,783&797 of 2021

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APPENDIX OF WA 783/2021

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PETITIONER ANNEXURE

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Annexure 1 TRUE COPY OF THE APPLICATION DATED 28.05.2004 SUBMITTED BY THE 6TH RESPONDENT WITHOUT ENCLOSURE

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Annexure 2 TRUE COPY OF THE APPLICATION DATED 02.08.2010 SUBMITTED BY THE 6TH RESPONDENT

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Annexure 3 TRUE COPY OF THE COMMUNICATION DATED 05.03.2012 ISSUED BY THE 5TH RESPONDENT TO THE POST MASTER GENERAL ,COIMBATORE

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Annexure 4 TRUE COPY OF THE COMMUNICATION NO.CCCC/UCP MISC/DLGS/2012 DATED 17.05.2012 ISSUED FROM DEPARTMENT OF POSTS TO THE 5TH RESPONDENT

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Annexure 5 TRUE COPY OF THE COMMUNICATION NO.CCCC/UCP MISC/DLGS/2012 DATED 17.05.2012 ISSUED FROM DEPARTMENT OF POSTAS TO THE 5TH RESPONDENT

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Annexure 6 TRUE COPY OF THE COMMUNICATION DATED 07.12.2010 ISSUED BY THE 5TH RESPONDENT TO THE 6TH RESPONDENT

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RESPONDENTS ANNEXURES : NIL

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WA Nos.784,783&797 of 2021

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APPENDIX OF WA 797/2021

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PETITIONER ANNEXURE

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Annexure 1 TRUE COPY OF THE APPLICATION DATED 2.8.2010 SUBMITTED BY THE 5TH RESPONDENT

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Annexure 2 TRUE COPY OF THE COMMUNICATION DATED 17.5.2012 ISSUED FROM THE DEPARTMENT OF POSTS TO THE 6TH RESPONDENT

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RESPONDENTS ANNEXURES : NIL

W. Vimala v. State of Kerala

Case brief

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What did the court decide?

W. Vimala v. State of Kerala

Case brief

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