Disposed

Sherin Francis C. v. the Director of General Education (Higher Secondary Section)

Kerala HC30 Sept 2021WP(C)/17465/2021

Case brief

AI extract

What is this about?

A teacher appointed as a leave substitute sought directions to expedite the hearing of her appeal for reappointment and maintained an interim stay on the selection process pending the higher education authority's decision.

What did the court decide?

Directions issued to the 1st respondent to expedite the hearing of Ext.P7 petition and maintain the interim stay order on selection proceedings until orders are passed.

Sherin Francis C. Vs the Director of General… — Pension and Retirement Benefits | Kerala HC (2021)

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WP(C) NO. 17465 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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THURSDAY, THE 30^TH DAY OF SEPTEMBER 2021 / 8TH ASWINA, 1943

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WP(C) NO. 17465 OF 2021

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PETITIONER/S:

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1 SHERIN FRANCIS C. AGED 40 YEARS W/O.ANIL K.PAPPACHAN, RESIDING AT KAINIKKARA HOUSE, P.O.CHUVANNAMANNU, THRISSUR DISTRICT - 680652.

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BY ADV R.K.MURALEEDHARAN

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RESPONDENT/S:

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1 THE DIRECTOR OF GENERAL EDUCATION (HIGHER SECONDARY SECTION)

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HOUSING BOARD BUILDING, SANTHINAGAR, THYCAUD, THIRUVANANTHAPURAM - 695 001.

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2 THE REGIONAL DEPUTY DIRECTOR HIGHER SECONDARY EDUCATION, ERNAKULAM, ERNAKULAM DISTRICT - 682 011.

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3 THE CORPORATE MANAGER CMS CORPORATE, MANAGEMENT (COCHIN AREA), ROUND WEST, THRISSUR - 680 001.

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SRI. BIJOY CHANDRAN, SR. GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 17465 OF 2021

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JUDGMENT

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The petitioner states that she was appointed as leave substitute HSST (Maths) from 19.09.2007 to 04.09.2012 in the LWA vacancy of a certain K.D. Babu who had availed leave for about 5 years from 05.09.2007. The leave substitute appointment was later approved by the 2nd respondent and probation of the petitioner was declared on completion of two years of service on a continuous period of three years. It is the case of the petitioner that a Higher Secondary School Teacher is entitled to reappointment in the termination vacancy as held by this Court in Jayasree Vs. Director of HSE [2009 (2) KLT 352] . In the light of the principles laid down in Jayasree, the petitioner is stated to have filed Ext.P7 petition before the 1st respondent. It is in the afore circumstances that she has approached this Court seeking to quash Ext.P6 notification to the extent of initiating selection process for appointment of HSST (Maths) by the 3rd respondent and for further directions.

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Though notice was served on the 3rd respondent, none appears. This Court, by order dated 31.08.2021 has granted an interim order of stay of

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all further proceedings for the selection and appointment to the post of HSST (Maths) in the 3rd respondent School.

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Sri R.K. Muralidharan, the learned counsel appearing for the

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WP(C) NO. 17465 OF 2021

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petitioner submitted that the petitioner would be satisfied if directions are issued to the 1st respondent to expedite the hearing of Ext.P7 petition and take a decision and till orders are passed, to maintain the interim order.

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I have heard Sri. Bijoy Chandran, the learned Senior Government

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Pleader. I find that despite service of notice on the 3rd respondent, they have not cared to appear.

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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) Without expressing any opinion on the merits of the assertions made in Ext.P7 petition, there will be a direction to the 1st respondent to take up, consider and pass appropriate orders on Ext.P7, after affording an opportunity of being heard, either physically or virtually, to the petitioner herein or her authorised representative and the 3rd respondent. Until appropriate orders are passed, the interim order granted by this Court on 31.08.2021 shall continue.

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b) Orders, as directed above, shall be passed expeditiously, in any event, within a period of two

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WP(C) NO. 17465 OF 2021

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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

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the writ 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. 17465 OF 2021 5

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APPENDIX OF WP(C) 17465/2021

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PETITIONER(S) EXHIBITS :

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EXHIBIT P1 A TRUE COPY OF THE APPOINTMENT OF THE PETITIONER AS HSST (MATHS) DATED 19/09/2007. EXHIBIT P2 A TRUE COPY OF THE ORDER DATED 24/06/2008. EXHIBIT P3 A TRUE COPY OF THE CERTIFICATE DATED 03/08/2010 ISSUED BY THE PRINCIPAL OF THE SCHOOL. EXHIBIT P4 A TRUE COPY OF THE JUDGMENT REPORTED IN 2009(2) KLT 352 DATED 08/04/2009. EXHIBIT P5 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 08/04/2021. EXHIBIT P6 A TRUE COPY OF THE NOTIFICATION PUBLISHED IN MALAYALA MANORAMA DAILY DATED 18/08/2021. EXHIBIT P7 A TRUE COPY OF THE APPEAL PETITION DATED 24/08/2021.

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RESPONDENT(S) EXHIBITS : NIL

Sherin Francis C. v. the Director of General Education (Higher Secondary Section)

Case brief

What is this about?

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Sherin Francis C. v. the Director of General Education (Higher Secondary Section)

Case brief

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