Disposed

Binu Samuel v. State of Kerala

Kerala HC14 Sept 2021WP(C)/16836/2021

Case brief

AI extract

What is this about?

Writ petition filed by a teacher seeking approval for her service as UPST in two schools. Court held that an impugned order is being challenged in another proceeding; therefore, instead of deciding on approval, it directed the state to consider the revision petition, afford a hearing, and pass appropriate orders within three months.

What did the court decide?

Direction to respondent to consider revision petition, pass orders, and afford hearing within three months.

Binu Samuel Vs State of Kerala — Service and Employment | Kerala HC (2021)

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WP(C) NO. 16836 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 RAJA VIJAYARAGHAVAN V

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TUESDAY, THE 14^TH DAY OF SEPTEMBER 2021 / 23RD BHADRA, 1943

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WP(C) NO. 16836 OF 2021

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PETITIONER:

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BINU SAMUEL AGED 47 YEARS WIFE OF ABRAHAM P.GEORGE, BAKER MEMORIAL GIRLS HIGHER SECONDARY SCHOOL, KOTTAYAM DISTRICT-686 001 (RESIDING AT PUTHUPARAMBIL, P.O. OLASSA,

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KOTTAYAM 686014) BY ADVS. V.A.MUHAMMED V.RAJASEKHARAN NAIR

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RESPONDENTS:

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1 STATE OF KERALA REP.BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE II, 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 VAYASKARAKUNNU, KOTTAYAM-686 001

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4 THE DISTRICT EDUCATIONAL OFFICER CIVIL STATION, KOTTAYAM-686 001

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5 THE DEPUTY DIRECTOR OF EDUCATION CIVIL STATION, ALAPPUZHA-688 001

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6 THE DISTRICT EDUCATIONAL OFFICER GOVERNMENT B H S S CAMPUS, CHERTHALA,

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WP(C) NO. 16836 OF 2021 2

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ALAPPUZHA DISTRICT-688 524

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7 THE ASSISTANT EDUCATIONAL OFFICER GOVERNMENT B H S S CAMPUS, CHERTHALA, ALAPPUZHA DISTRICT-688 524

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8 THE MANAGER C M S SCHOOL, CATHEDRAL ROAD, KOTTAYAM-686 001

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SMT NISHA BOSE SR GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 16836 OF 2021

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JUDGMENT

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The petitioner states that she is working as UPST at Baker Memorial Girls Higher Secondary School, Kottayam under the management of 8th respondent. Her grievance is that her service as UPST in the CMS College, HSS, Kottayam and in KMUPS Kalavancode, is still remaining unapproved. It is in the afore circumstances that the petitioner has approached this Court seeking the following reliefs:

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“(i) call for the records relating to Exhibits P-3, P-4, P-9 and P-12 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) declare that the Petitioner is entitled to get approval to her appointment as UPST from 03.06.2013 to 31.08.2014 in CMS College, HSS, Kottayam and as UPST from 01.09.2014 to 31.05.2015 in KMUPS, Kalavancode in Cherthala.

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(iii) issue a writ of mandamus or other appropriate writ, order or direction commanding the 4th Repondent to grant approval to Exhibit P-2 appointment as UPSA from 03.06.2013 to 31.08.2014 and 7th Respondent to approve the Exhibit P-8 appointment from 01.09.2014 to 31.05.2015 in KMUPS, Kalavancode in Cherthala.

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(iv) issue a writ of mandamus or other appropriate writ order or direction commanding the 1st Respondent to consider and pass appropriate orders upon Exhibit P-17 after affording an opportunity of being heard to the Petitioner within a time limit.

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WP(C) NO. 16836 OF 2021

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Sri. V.A. Muhammed, the learned counsel appearing for the petitioner submitted that in view of the pendency of the revision petition, the limited request of the petitioner is for a direction to the 1st respondent to consider the same and pass orders within a time frame.

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Heard Smt. Nisha Bose, the learned Senior Government

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Pleader. In view of the order that I propose to pass, notice to the 8th respondent is dispensed with.

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After having carefully evaluated the contentions raised in this writ petition, the submissions made across the Bar and the facts and circumstances, I am of the view that this writ petition can be disposed of by issuing the following directions:

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a) There will be a direction to the 1st respondent to take up, consider and pass appropriate orders on Ext.P17, as per procedure and in strict adherence to the provisions of law. An opportunity of being heard, either physically or virtually, shall be afforded to the petitioner or her authorised representative and the 8th respondent.

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b) Orders, as directed above, shall be passed expeditiously, in any event, within a period of three months from the date of production of a copy of this judgment.

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c) It would be open to the petitioner to produce a copy of the writ

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WP(C) NO. 16836 OF 2021

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petition along with the judgment before the concerned respondent for further action.

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This writ petition is disposed of.

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Sd/-

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RAJA VIJAYARAGHAVAN V

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JUDGE

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WP(C) NO. 16836 OF 2021

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APPENDIX OF WP(C) 16836/2021

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PETITIONER'S EXHIBITS:

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Exhibit P1	TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 1.6.2011
Exhibit P2	TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 3.6.2013
Exhibit P3	TRUE COPY OF THE ORDER NO.B2/2507/16 DATED 1.12.2016 OF THE DEO, KOTTAYAM.
Exhibit P4	TRUE COPY OF THE ORDER NO.B3/1860/2017/K.DIS. DATED 25.7.2017 OF THE DDE, KOTTAYAM
Exhibit P5	TRUE COPY OF THE CIRCULAR NO.13402/J2/12/G.EDN. DATED 10.4.2012 OF THE GOVT.
Exhibit P6	TRUE COPY OF THE STAFF FIXATION ORDER 2010-11 DATED 30.8.2010 OF THE DEO, KOTTAYAM.
Exhibit P7	TRUE COPY OF THE STAFF STATEMENT AS ON 3.6.2013
Exhibit P8	TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 1.9.2014
Exhibit P9	TRUE COPY OF THE LETTER NO.D/3429/16/K.DIS. DATED 18.7.2016 OF THE AEO, CHERTHALA ALONG WITH TYPED COPY
Exhibit P10	TRUE COPY OF THE ORDER NO.B2/12290/2019 DATED 1.1.2020 OF THE DEO, KOTTAYAM.
Exhibit P11	TRUE COPY OF THE ORDER NO.F3/1923/2020/DGE DATED 11.11.2020 OF THE 2ND RESPONDENT
Exhibit P12	TRUE COPY OF THE ORDER
	NO.D/6609/2020/K.DIS. DATED 27.7.2021 OF

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WP(C) NO. 16836 OF 2021 7

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THE AEO, CHERTHALA Exhibit P13 TRUE COPY OF THE LETTER NO.GEDN/J3/182/2017/G.EDN. DATED 5.3.2018 OF THE GOVT. Exhibit P14 TRUE COPY OF THE G.O.(P) NO.31/2006/GE DATED 19.1.2006 OF THE GOVT. Exhibit P15 TRUE COPY OF THE G.O.(RT) NO.2830/2021/G.EDN. DATED 24.5.2021 OF THE GOVT. Exhibit P16 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 1.6.2015 AND THE APPROVAL RECORDED THEREON Exhibit P17 TRUE COPY OF THE REVISION PETITION FILED BEFORE THE GOVERNMENT DATED 6.8.2021 Exhibit P18 TRUE COPY OF THE G.O.(RT) NO.1283/2020/G.EDN. DATED 13.3.2020 OF THE GOVT.

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RESPONDENTS' EXHIBITS:

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NIL

Binu Samuel v. State of Kerala

Case brief

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Binu Samuel v. State of Kerala

Case brief

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