Allowed

Preethi M Cheriyan v. State of Kerala

Kerala HC12 Jul 2022WP(C)/12889/2021

Case brief

AI extract

What is this about?

The Court disposed of two connected writ petitions filed by teachersappointed in corporate-managed schools who had not received final approval of their appointments due to management disputes. The Court directed respondents to treat the appointments as approved with retrospective effect and to process salary bills.

What did the court decide?

Directions to respondents to raise salary bills of the petitioners retrospectively from 01.06.2015 and to release all salary and other dues due to them within two months.

Preethi M Cheriyan Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2022)

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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 12THDAY OF JULY 2022 / 21ST ASHADHA,1944

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WP(C) NO. 12889 OF 2021

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PETITIONER:

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PREETHI M CHERIYAN,
AGED 42 YEARS,
W/O. FR. GEEVAR C.V, U.P.S.A,
M.K.M UPPER PRIMARY SCHOOL, PORKULAM P.O,
KUNNAMKULAM.

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BY ADV DR.GEORGE ABRAHAM

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RESPONDENTS:

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

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2 DIRECTOR OF GENERAL EDUCATION,

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JAGATHY, THIRUVANANTHAPURAM-695 014.

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3 DISTRICT EDUCATIONAL OFFICER, CHAVAKKAD-680 506.

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4 ASSISTANT EDUCATIONAL OFFICER, KUNNAMKULAM-679 503.

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5 CORPORATE MANAGER, MALABAR INDEPENDENT SYRIAN CHURCH COUNCIL, EDUCATIONAL SOCIETY, THOZHIYOOR P.O, THRISSUR DISTRICT-680 520.

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6 HEADMISTRESS, M.K.M UPPER PRIMARY SCHOOL, PORKULAM P.O, KUNNAMKULAM, TRICHUR DISTRICT-680 542.

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*ADDL.R7 MEGANA K.V., AGED 35 YEARS, W/O JOMON T.G., LPSA, MKM UPPER PRIMARY SCHOOL,

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W.P.(C) Nos.12889 & 13047 of 2021

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PORKULAM, THRISSUR - 680542
RESIDING AT THEKKEKKARA HOUSE, PORKULAM,
THRISSUR - 680542.

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*ADDL R7 IS IMPLEADED AS PER ORDER DATED 12.7.2022 IN
I.A.NO.1 OF 2021 IN WPC NO.12889 OF 2021.

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BY ADVS.
SRI.MATHEW KURIAKOSE
SRI.U.BALAGANGADHARAN

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SMT ANIMA.M, GP

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THISWRITPETITION(CIVIL)HAVINGCOMEUPFORADMISSION
ON12.07.2022,ALONGWITHWP(C).13047/2021,THECOURTONTHE
SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) Nos.12889 & 13047 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 12THDAY OF JULY 2022 / 21ST ASHADHA,1944

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WP(C) NO. 13047 OF 2021

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PETITIONER:

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MEGANA K.V
AGED 35 YEARS
W/O.JOMON.T.G., L.P.S.A. , M.K.M.UPPER PRIMARY SCHOOL,
PORKULAM, THRISSUR-680 542, RESIDING AT
THEKKEKKARA HOUSE, PORKULAM, THRISSUR-680 542.

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BY ADV U.BALAGANGADHARAN

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RESPONDENTS:

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1STATE OF KERALA
REPRESENTED BY SECRETARY, GENERAL EDUCATION DEPARTMENT,
GOVERNMENT SECRETARIAT (ANNEX),
THIRUVANANTHAPURAM-695 001.

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2 THE DIRECTOR OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM-695 014.

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3 THE DISTRICT EDUCATIONAL OFFICER, (D.E.O.) CHAVAKKAD-680 506.

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4 THE ASSISTANT EDUCATIONAL OFFICER, (A.E.O.) THRITHALA, PALAKKAD-678 534.

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5 THE ASSISTANT EDUCATIONAL OFFICER, KUNNAMKULAM, THRISSUR-680 503.

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W.P.(C) Nos.12889 & 13047 of 2021

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6THE CORPORATE MANAGER & MALABAR INDEPENDENT SYRIAN
CHURCH COUNCIL EDUCATIONAL SOCIETY,
THOZHIYOOR P.O., THRISSUR-680 520.

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7SMT.PREETHI M.CHERIYAN
W/O.FR.GEEVER C.V., FORMER U.P.S.A.,
M.K.M UPPER PRIMARY SCHOOL, PORKULAM,
RESIDING AT CHERUVATHUR HOUSE, AYNOOR,
PAZHANJI P.O., THRISSUR-680 542.

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BY ADVS.
SRI.MATHEW KURIAKOSE
SRI.GEORGE ABRAHAM

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THISWRITPETITION(CIVIL)HAVINGCOMEUPFORADMISSION
ON12.07.2022,ALONGWITHWP(C).12889/2021,THECOURTONTHE
SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) Nos.12889 & 13047 of 2021

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JUDGMENT

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W.P.(C) No.12889 of 2021 is filed by Smt.Preethi M. Cherian

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seeking to quash Ext.P16 communication issued by the AEO, Kunnamkulam, and for a further direction to respondents 4 to 6 to permit the petitioner to join as UPSA at MKM Upper Primary School, Porkulam, and for incidental reliefs.

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W.P.(C) No.13047 of 2021 is filed by Smt.Megana K.V., seeking

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to quash Exts.P7, P11, and P13 orders and also for a further direction to the 5th respondent to consider Ext.P9 appointment order and to approve the appointment of the petitioner as LPSA in the MKM UP School, Porkulam.

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As common issues are involved, both these writ petitions are taken up and are disposed of by a common judgment.

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The petitioners in both these writ petitions were appointed as

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UPSA and LPSA, respectively, on 1.6.2015 in the schools run by the Corporate Management. Both the petitioners contend that their appointment is liable to be approved with effect from 1.6.2015 with all

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W.P.(C) Nos.12889 & 13047 of 2021

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consequential benefits. However, due to certain disputes that occurred consequent to a change of management, the final approval has not been granted to date, and the petitioners have not been permitted to join the respective schools. In the afore circumstances, the petitioners have approached this Court seeking directions.

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Smt.Preethi M.Cheriyan contends that the Government has issued order dated 02.06.2021 in a revision petition filed by the Manager refusing to interfere with the order granting approval. Smt.Meghana contends that by order dated 02.06.2021 the Government has confirmed her claims, but no action has been taken either by the AEO or the Manager. This Court by separate interim orders had directed the Corporate Manager to take appropriate action.

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In pursuance with the directions issued, the Corporate

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Manager has filed separate affidavits. In the affidavit filed in W.P.(C) No.12889 of 2021, it has been stated as follows in paragraph No.2.

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“It is submitted that Hon’ble Court on 2.2.2022 passed an order to this respondent to implement the directions in Ext.P14 without delay. Accordingly, this respondent issued an order dated 5.3.2022 accommodating all the existing teachers at various available posts in three schools under the corporate management. The order is self-explanatory in nature; hence, not repeated here. A true copy of order No. C T 54/2021 - 22 dated 5.3.2022 issued

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W.P.(C) Nos.12889 & 13047 of 2021

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by the 5th respondent is produced and marked as Exhibit R5(b). The petitioner is posted to MKMUP School, Porkulam, with effect from 1.6.2017 (sic 1.6.2015) in the vacancy caused due to the transfer of Smt.Vincy from Porkulam to Thozhiyoor. The additional respondent Smt.Megana is posted as LPSA in MKMUP School, Porkulam, with effect from 1.6.2015 against the retirement of Smt. Usha Mary, LPSA.”

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Sri.George Abraham, the learned counsel appearing for the petitioner in W.P.(C) No.12889 of 2021 and Sri. U. Balagangadharnan, the learned counsel appearing for the petitioner in W.P.(C) No.13047 of 2021, submits that in view of the affidavit filed by the Manager, they have no further grievance. It appears that pursuant to the interim order dated 2.2.2022, the DGE has passed Order No.E3/7069/2021/DPI dated 1.6.2022, wherein it has been held that both the petitioners herein are entitled to approval.

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In view of the declaration given by the Manager in the affidavit filed before this Court and order No.E3/7069/2021/DPI dated 1.6.2022 issued by the DGE, there will be a direction to the respondents 5 and 6 in W.P.(C) 12889 of 2021 to raise the salary bills of the respective petitioners in terms of the above orders with effect from 01.06.2015 onwards and to forward the same to the AEO. There will be a further direction to respondents 3 and 4 in W.P.(C) 12889 of 2021 to release the salary and other benefits due to the petitioners in terms of the order

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W.P.(C) Nos.12889 & 13047 of 2021

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above. The needful shall be done expeditiously, in any event, within a

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period of two months from the date of receipt of a copy of this judgment.

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These writ petitions are disposed of.

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Sd/- RAJA VIJAYARAGHAVAN V JUDGE

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Sru

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W.P.(C) Nos.12889 & 13047 of 2021

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APPENDIX OF WP(C) 12889/2021

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PETITIONER’S EXHIBITS :

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`Exhibit P1`	`TRUE COPY OF THE ORDER PASSED BY THE ASSISTANT` `EDUCATIONAL OFFICER, KUNNAMKULAM DATED` `7.7.2016.`
`Exhibit P2`	`TRUE COPY OF THE ORDER PASSED BY THE DISTRICT` `EDUCATIONAL OFFICER DATED 15.11.2017.`
`Exhibit P3`	`TRUE COPY OF THE ORDER PASSED BY THE 2ND` `RESPONDENT DATED 14.2.2019.`
`Exhibit P4`	`TRUE COPY OF THE ORDER DATED 22.5.2019, ISSUED` `BY THE 2ND RESPONDENT.`
`Exhibit P5`	`TRUE COPY OF THE TERMINATION NOTICE DATED` `30.07.2019 ISSUED BY THE CORPORATE MANAGER.`
`Exhibit P6`	`TRUE COPY OF THE INTERIM ORDER IN W.P.C NO.` `21366/2019 DATED 5TH AUGUST 2019.`
`Exhibit P7`	`TRUE COPY OF THE JUDGMENT IN W.P.C NO.` `21366/2019 DATED 1ST OCTOBER, 2019.`
`Exhibit P8`	`TRUE COPY OF THE ORDER PASSED BY THE ASSISTANT` `EDUCATIONAL OFFICER, KUNNAMKULAM, DATED` `23.2.2019.`
`Exhibit P9`	`TRUE COPY OF THE REVISION PETITION DATED` `11.1.2020, FILED BY THE CORPORATE MANAGER.`
`Exhibit P10`	`TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.` `2776/2020 DATED 31.1.2020.`
`Exhibit P11`	`TRUE COPY OF THE JUDGMENT IN W.P.C NO.` `1909/2020 DATED 23.1.2020.`
`Exhibit P12`	`TRUE COPY OF THE HEARING NOTICE DATED 5.3.2020,` `ISSUED BY THE GOVERNMENT.`

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W.P.(C) Nos.12889 & 13047 of 2021

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`Exhibit P13`	`TRUE COPY OF THE HEARING NOTICE DATED` `20.10.2020, ISSUED BY THE GOVERNMENT.`
`Exhibit P14`	`TRUE COPY OF THE GOVERNMENT ORDER GO(RT) NO.` `2914/2021/G.EDN. DATED 2.6.2021.`
`Exhibit P15`	`TRUE COPY OF THE GO(RT) NO. 4981/2018/G.EDU.` `DATED 28.11.2018.`
`Exhibit P16`	`TRUE COPY OF THE COMMUNICATION ISSUED BY THE` `ASSISTANT EDUCATIONAL OFFICER, KUNNAMKULAM` `DATED 14.7.2020.`
`Exhibit P17`	`TRUE COPY OF THE SENIORITY LIST OF TEACHERS OF` `M.K.M UP SCHOOL, PORKULAM AS ON 1.6.2016.`
`Exhibit P18`	`A COPY OF THE STAFF FIXATION ORDER DATED` `31/3/2016.`
`Exhibit P19`	`A COPY OF THE STAFF FIXATION ORDER FOR THE` `ACADEMIC YEAR 2015-16 FOR SC UP SCHOOL,` `CHALISSERY DATED 31/3/2016.`
`Exhibit P20`	`A COPY OF THE STAFF FIXATION ORDER FOR THE` `ACADEMIC YEAR 2016-17.`
`Exhibit P21`	`A COPY OF THE STAFF FIXATION ORDER OF SC UP` `SCHOOL FOR THE ACADEMIC YEAR 2017-18.`
`Exhibit P23`	`TRUE COPY OF THE ORDER ISSUED BY THE DIRECTOR` `GENERAL OF EDUCATION DATED 01/06/2022.`
`RESPONDENT EXHIBITS`
`Exhibit R5 A`	`A TRUE COPY OF THE ORDER DATED 23/9/2015 OF THE` `DEPUTY DIRECTOR OF EDUCATION, THRISSUR.`
`Exhibit R5 B`	`A TRUE COPY OF THE ORDER NO.C T -54/2021-22` `DATED 5/3/2022 ISSUED BY THE 5TH RESPONDENT.`

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W.P.(C) Nos.12889 & 13047 of 2021

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APPENDIX OF WP(C) 13047/2021

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PETITIONER’S EXHIBITS

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`Exhibit P1`	`A TRUE COPY OF APPOINTMENT ORDER DATE 16.7.2007` `WITH ENDORSEMENT OF AEO DATED 15.3.2013 ISSUED` `TO THE PETITIONER.`
`Exhibit P2`	`A TRUE COPY OF APPOINTMENT ORDER DATED` `10.10.2014 ISSUED TO THE PETITIONER BY THE 6TH` `RESPONDENT.`
`Exhibit P3`	`A TRUE COPY OF ORDER DATED 25.10.2014 ISSUED BY` `THE 5TH RESPONDENT AEO KUNNAMKULAM.`
`Exhibit P4`	`A TRUE COPY OF ORDER DATED 4.1.2014 ISSUED BY` `THE 5TH RESPONDENT - AEO KUNNAMKULAM.`
`Exhibit P5`	`A TRUE COPY OF VERIFICATION REPORT DATED` `13.5.2015 ISSUED TO SMT.USHA MARY BY THE` `ACCOUNTANT GENERAL.`
`Exhibit P6`	`A TRUE COPY OF GOVT.ORDER DATED 28.11.2018.`
`Exhibit P7`	`A TRUE COPY OF ORDER DATED 14.2.2019 ISSUED BY` `THE SECOND RESPONDENT.`
`Exhibit P8`	`A TRUE COPY OF PROCEEDINGS OF 6TH RESPONDENT` `MANAGER DATED 30.7.2019.`
`Exhibit P9`	`A TRUE COPY OF SOFT COPY OF APPOINTMENT ORDER` `UPLOADED TO SAMANWAYA PORTAL DATED 13.8.2019.`
`Exhibit P10`	`A TRUE COPY OF JUDGMENT DATED 1.10.2019 IN WPC` `21366/2019 OF THIS HON'BLE COURT.`
`Exhibit P11`	`A TRUE COPY OF ORDER DATED 23.12.2019 ISSUED BY` `THE 5TH RESPONDENT - AEO KUNNAMKULAM.`

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W.P.(C) Nos.12889 & 13047 of 2021

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Exhibit P12A TRUE COPY OF ORDER DATED 3.12.2019 ISSUED BY
THE 4TH RESPONDENT AEO THRITHALA.

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Exhibit P13A TRUE COPY OF ORDER DATED 1.1.2020 ISSUED BY
THE 4TH RESPONDENT KUNNAMKULAM.
Exhibit P14A TRUE COPY OF ORDER OF THE GOVT. DATED
2.6.2021.
RESPONDENT EXHIBITS:
Exhibit R6(a)A TRUE COPY OF ORDER NO.CT 54 (2) 2021-22 DATED
6.6.2022 OF 6TH RESPONDENT.

Preethi M Cheriyan v. State of Kerala

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Preethi M Cheriyan v. State of Kerala

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