Disposed

Sreya Sudhakaran v. the State of Kerala

Kerala HC8 Jul 2021WP(C)/12410/2021

Case brief

AI extract

What is this about?

Single judge of Kerala High Court directed respondents to consider petitioners' revision petition regarding appointment approvals with notice and hearing, adhering to specific Government Order 2021 clause. No substantive relief granted beyond this direction.

What did the court decide?

Direction to respondents to consider and pass orders on petitioners' revision petition with notice and hearing; adherence to Government Order 2021 Clause 6.

Sreya Sudhakaran Vs the State of Kerala — Service and Employment | Kerala HC (2021)

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WP(C) NO. 12410 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 MRS. JUSTICE ANU SIVARAMAN

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THURSDAY, THE 8^TH DAY OF JULY 2021 / 17TH ASHADHA, 1943

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WP(C) NO. 12410 OF 2021

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PETITIONERS:

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1 SREYA SUDHAKARAN AGED 29 YEARS, U.P SCHOOL TEACHER, KANHIRODE SANKARA VILASAM U P SCHOOL, P.O KANHIRODE 670 592, KANNUR DISTRICT.

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2 RADHIKA P.K

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U.P SCHOOL TEACHER, KANHIRODE SANKARA VILASAM U P SCHOOL, P.O KANHIRODE 670 592, KANNUR DISTRICT.

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3 PRINEETH P

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L.P SCHOOL TEACHER, KANHIRODE SANKARA VILASAM UP SCHOOL, P.O KANHIRODE 670 592, KANNUR DISTRICT

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4 LISHA K.V

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L.P SCHOOL TEACHER, KANHIRODE SANKARA VILASAM U P SCHOOL, P.O KANCHIRODE 670 592, KANNUR DISTRICT.

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BY ADV DINESH KUMAR K.

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RESPONDENTS:

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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 GENERAL EDUCATION JAGATHY, THIRUVANANTHAPURAM 695 014

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3 THE DEPUTY DIRECTOR OF EDUCATION, CIVIL STATION, KANNUR 670 001

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4 THE DISTRICT EDUCATIONAL OFFICER, CIVIL STATION, KANNUR 670 001

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WP(C) NO. 12410 OF 2021

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5 THE ASSISTANT EDUCATIONAL OFFICER, KANNUR NORTH SUB DISTRICT, KANNUR 670 001

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6 THE MANAGER KANHIRODE SANKARA VILASAM UP SCHOOL, P.O KANHIRODE 670 592, KANNUR DISTRICT.

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7 THE HEADMISTRESS KANHIRODE SANKARA VILASAM UP SCHOOL, P.O KANHIRODE 670 592, KANNUR DISTRICT.

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8 SMT. RAMYA M P UPPER PRIMARY SCHOOL TEACHER, KANHIRODE SANKARA VILASAM UP SCHOOL, P.O KANHIRODE 670 592, KANNUR DISTRICT.

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9 SMT. SHYNI K UPPER PRIMARY SCHOOL TEACHER, KANHIRODE SANKARA VILASAM UP SCHOOL, P.O KANHIRODE 670 592, KANNUR

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10 SMT. RAMYA C K UPPER PRIMARY SCHOOL TEACHER, KANHIRODE SANKARA VILASAM UP SCHOOL, P.O KANHIRODE 670 592, KANNUR SRI.T.RAJASEKHARAN, SR. GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

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08.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 12410 OF 2021

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JUDGMENT

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This writ petition is filed seeking the following prayers:

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“(i) call for the records relating to Exhibit P-14 and P-15 and set aside the originals of the same by the issue of a writ of certiorari or other appropriate writ or order.

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(ii) issue a writ of mandamus or other appropriate writ, order or direction commanding the 5^th Respondent to approve the appointment of the Petitioners and grant the attendant benefits forthwith.

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(iii) issue a writ of mandamus or other appropriate writ order or direction commanding the 1^st Respondent to consider and pass appropriate orders upon Exhibit P-18 and P-19 after affording an opportunity of being heard to the Petitioners within a time limit.”

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Heard the learned counsel for the petitioners and the learned Government Pleader.

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It is submitted by the learned counsel for the petitioners that the petitioners are teachers working in the 6^th respondent's school. It is submitted that the manager had submitted Ext.P7 declaration agreeing to set apart 4 posts additionally sanctioned in the academic year 2018-19 for appointing protected teachers. It is submitted that the petitioners had been working against the said posts and that they are aggrieved by the declaration

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WP(C) NO. 12410 OF 2021

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now submitted by the manager. It is submitted that on the basis of the said declaration, respondents 8, 9 and 10 have been accorded approval of appointment also. It is submitted that the petitioners as well as the manager had approached the Government with Exts.P18 and P19 revision petitions and seek a consideration of the same.

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Having heard the learned Government Pleader also, there will be a direction to the respondents to take up, consider and pass orders on Ext.P18 revision petition preferred by the petitioners, with notice to the petitioners as well as respondents 6 to 10 and after hearing them, through any appropriate means, including video conferencing. The provisions of Government Order dated 06.02.2021, specifically Clause 6 thereof, shall be adverted to while passing orders as directed above. The petitioners shall produce a copy of this judgment along with a copy of this writ petition before the 1^st respondent for compliance.

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This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN

JUDGE

WP(C) NO. 12410 OF 2021

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APPENDIX OF WP(C) 12410/2021

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PETITIONER'S/S EXHIBITS:

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Exhibit P1	TRUE COPY OF THE STAFF FIXATION ORDER 2018-2019 DATED 02-07-2018 OF THE 5TH RESPONDENT.
Exhibit P2	TRUE COPY OF THE STAFF FIXATION ORDER 2019-2020 DATED 15-07-2019 OF THE 5TH RESPONDENT.
Exhibit P3	TRUE COPY OF THE APPOINTMENT ORDER DATED 01-06- 2018 OF THE 1ST PETITIONER.
Exhibit P4	TRUE COPY OF THE APPOINTMENT ORDER DATED 18-06- 2018 OF THE 2ND PETITIONER.
Exhibit P5	TRUE COPY OF THE APPOINTMENT ORDER DATED 27-02- 2019 OF THE 3RD PETITIONER.
Exhibit P6	TRUE COPY OF THE APPOINTMENT ORDER DATED 06-02- 2019 OF THE 4TH PETITIONER.
Exhibit P7	TRUE COPY OF THE DECLARATION DATED 12-10-2020 OF THE MANAGER.
Exhibit P8	TRUE COPY OF THE ORDER NO. B/5916/2020 DATED 11- 11-2020 OF SMT. REMYA M.P
Exhibit P9	TRUE COPY OF THE ORDER NO. B/5918/2020 DATED 11- 11-2020 OF SMT. SHYNI K
Exhibit P10	TRUE COPY OF THE ORDER NO. B/5917/2020 DATED 11- 11-2020 OF SMT. REMYA C.K
Exhibit P11	TRUE COPY OF THE G.O (P) NO. 04/2021/G.EDN DATED 06-02-2021 OF THE GOVERNMENT
Exhibit P12	TRUE COPY OF THE CIRCULAR NO. J2/87/2020/G.EDN DATED 25-02-2021 OF THE GOVERNMENT.
Exhibit P13	TRUE COPY OF THE CIRCULAR NO. H2/21/19500/2019

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WP(C) NO. 12410 OF 2021

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	/DGE DATED 26-02-2021 OF THE DGE
Exhibit P14	TRUE COPY OF THE ORDER NO B/7821/2021 DATED 10- 05-2021 OF THE 5TH RESPONDENT
Exhibit P15	TRUE COPY OF THE ORDER NO. B/7417/2021 DATED 10- 06-2021 OF THE 5TH RESPONDENT
Exhibit P16	TRUE COPY OF THE DECLARATION DATED 07-02-2021 OF THE MANAGER
Exhibit P17	TRUE COPY OF THE DECLARATION DATED 27-02-2021 OF THE MANAGER
Exhibit P18	TRUE COPY OF THE REVISION PETITION DATED 16-03- 2021 FILED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT (WITHOUT ANNEXURE)
Exhibit P19	TRUE COPY OF THE REVISION PETITION DATED 12-03- 2021 FILED BEFORE THE 1ST RESPONDENT BY THE MANAGER (WITHOUT ANNEXURES)

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RESPONDENT'S/S EXHIBITS: NIL

Sreya Sudhakaran v. the State of Kerala

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Sreya Sudhakaran v. the State of Kerala

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