Disposed

Justin O K v. the State of Kerala

Kerala HC21 Nov 2022WP(C)/24144/2022

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of two connected writ petitions regarding government school appointments. It directed the Government to reconsider the rejection of one petitioner's case by affording a hearing and to expedite the promotion decision for the other petitioner.

What did the court decide?

1. Directions to the 1st respondent to reconsider the matter with an oral hearing within 4 months. 2. Directions to issue orders on the promotion request within 2 months.

Justin O K Vs the State of Kerala — Service and Employment | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

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THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V MONDAY, THE 21^ST DAY OF NOVEMBER 2022 / 30TH KARTHIKA, 1944

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WP(C) NO. 24144 OF 2022

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PETITIONER:

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JUSTIN O K
AGED 41 YEARS
S/O. O.P. KURIAKKU, OLAKKAENGIL HOUSE, VELUR,
BAZAR P.O, THRISSUR DISTRICT, KERALA - 680601.

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BY ADVS.
M.R.DHANIL
JISHY P.S.
SENITTA P. JOJO

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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, KERALA - 695001.

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2 THE DIRECTOR OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM - 695001.

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3 THE REGIONAL DEPUTY DIRECTOR OF HIGHER EDUCATION, EDAPPALLY, ERNAKULAM DISTRICT, KERALA - 682024.

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4 THE MANAGER, SANTHA HIGHER SECONDARY SCHOOL, AVANOOR, THRISSUR DISTRICT, KERALA - 680541.

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5 V.S. SHERMILA, LABORATORY ASSISTANT, SANTHA HIGHER SECONDARY SCHOOL, AVANOOR, THRISSUR DISTRICT, KERALA - 680541.

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W.P. (C) Nos. 26967 of 2019 & 24144 of 2022

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BY ADV JOSHI N.THOMAS

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SMT MARY BEENA JOSEPH, SR GOVERNMENT PEADER

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THISWRITPETITION(CIVIL)HAVINGCOMEUPFORADMISSIONON
21.11.2022,ALONGWITHWP(C).26967/2019,THECOURTONTHESAME
DAY DELIVERED THE FOLLOWING:

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W.P. (C) Nos. 26967 of 2019 & 24144 of 2022

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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V MONDAY, THE 21^ST DAY OF NOVEMBER 2022 / 30TH KARTHIKA, 1944

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WP(C) NO. 26967 OF 2019

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PETITIONER:

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V.S.SHERMILA

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LABORATORY ASSISTANT, SANTHA HIGHER SECONDARY
SCHOOL, AVANOOR, THRISSUR DISTRICT-680541.

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BY ADVS.
JOSHI N.THOMAS
KUM.ALEENA JOLLY

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.

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2 THE DIRECTOR OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM-695014.

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3 THE REGIONAL DEPUTY DIRECTOR OF HIGHER EDUCATION, EDAPPALLY, ERNAKULAM -682034.

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4 THE MANAGER, SANTHA HIGHER SECONDARY SCHOOL, AVANOOR, THRISSUR DISTRICT-680541.

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5 ADDL.R5 JUSTIN O.K, AGED 40 YEARS, S/O O.P. KURIAKKU, OLAKKAENGIL HOUSE, VELOOR BAZAR P.O, THRISSUR - 680 601. [ADDL.R5 IS IMPLEADED AS PER ORDER DATED

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W.P. (C) Nos. 26967 of 2019 & 24144 of 2022

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15/03/2022 IN I.A NO.1/2021 IN WP(C) 26967/2019]

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6ADDL.R6 BHARATHAN T.K,
51 YEARS, S/O KRISHNAN T.R, THANGALAZHY HOUSE,
THANGALOOR P.O, THRISSUR - 680 596
[ADDL.R6 IS IMPLEADED AS PER ORDER DATED
15/03/2022 IN I.A NO:2/2021 IN WP(C) 26967/2019]

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BY ADVS.

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SRI.V.GANGADHARAN (VALIYAPARAMBATH)
M.R.DHANIL
JISHY P.S.
SRI.C.PAULOSE

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SMT.ANIMA M, GOVERNMENT PLEADER

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THISWRITPETITION(CIVIL)HAVINGCOMEUPFORADMISSIONON
21.11.2022,ALONGWITHWP(C).24144/2022,THECOURTONTHESAME
DAY DELIVERED THE FOLLOWING:

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W.P. (C) Nos. 26967 of 2019 & 24144 of 2022

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JUDGMENT

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V.S.Shermila, the petitioner in W.P.(C) No.26967 of 2019, states that

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she was appointed as a Lab Assistant for the period from 06.09.1999 to 13.01.2000 in a maternity leave vacancy. By Ext.P1 order dated 26.11.2008, the appointment was approved. She was later reappointed as Lab Assistant in the 4th respondent school from 01.07.2014 against another retirement vacancy by Ext.P3 order. By Ext.P4 order issued by the 3rd respondent, approval was declined. Though the matter was taken up in appeal before the 2nd respondent, the appeal was rejected by Ext.P5 order. While so, the 3rd respondent issued staff fixation for the years 2009-2010 to 2013-2014 and, by the said orders, sanction was accorded for the continuance of Lab Assistants. However, later by Ext.P7 order issued by the 3rd respondent, the post of Lab Assistant was reduced from 4 to 2. Being aggrieved by the non-approval of the appointment of the petitioner, she approached this Court, and pursuant to directions issued by this Court, Ext.P10 order was issued by the Government rejecting the same. Being aggrieved, she approached this Court, and by Ext.P11 judgment, Ext.P10

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W.P. (C) Nos. 26967 of 2019 & 24144 of 2022

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order was set aside, and directions were issued to the 1st respondent to reconsider the matter and pass fresh orders. By Ext.P12, the 1st respondent has again rejected the request made by the petitioner herein for age relaxation. It is in the afore circumstances that the petitioner is before this Court seeking the following reliefs:

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i) issue a writ of certiorari or other appropriate writ or order calling for records leading to Ext.P12 and quashing the same.

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ii) issue a writ of mandamus or other appropriate writ or order commanding 2nd respondent to approve the appointment of the petitioner as Laboratory Assistant in 4th respondent school as per Ext.P3.

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iii) Declare that petitioner is entitled to be appointed as Laboratory Assistant at 4th respondent school pursuant to Ext.P3 or on a future date.

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iv) stay all proceedings pursuant to Ext.P12

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W.P.(C) No.24144 of 2022 is filed by Sri. Justine O.K, contending that he is working as the Office Assistant at Santha Higher Secondary School, Avanoor, Thrissur District. He has approached this Court, being aggrieved by the inaction on the part of respondents 1 to 4 in not promoting him to the post of Lab Assistant. The petitioner contends that the 5th respondent, who is the petitioner in W.P.(C) 26967 of 2019, has

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W.P. (C) Nos. 26967 of 2019 & 24144 of 2022

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been continuing in that post. According to the petitioner, the appointment

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itself is illegal. It is on these assertions that the said writ petition is filed seeking the following reliefs:

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i) issue a writ of mandamus, or any other writ, order or direction, directing the respondents 1 to 4 to promote the petitioner to the post of Laboratory Assistant at the earliest.

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ii) Direct the respondents 1 to 4 to consider and pass orders on the petitioner’s claim for promotion within a time limit fixed by this Hon’ble Court.

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As the decision taken in W.P.(C) 26967 of 2019 may have

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implications on the request made by the petitioner in W.P.(C) 24144 of

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2022 for promotion, both these writ petitions are taken up and disposed of by a common judgment.

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In the statement filed by the 3rd respondent in W.P.(C) 26967 of 2019, it is stated that in terms of Chapter XXXII of the KER, insofar as non-teaching posts are concerned, the candidate must not have completed 36 years of age. In the case on hand, the petitioner has completed 43

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years when the matter was taken up for consideration before the 1st respondent. It is also stated that Rule 51A of Chapter XIV A of the KER cannot be made applicable for appointments in Higher Secondary Schools.

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W.P. (C) Nos. 26967 of 2019 & 24144 of 2022

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It is also stated that in view of the law laid down by the Apex Court, the period of service undergone by the petitioner before 2005, cannot be reckoned as a claim under Rule 51A. The appointment of the petitioner made by the school manager is illegal and is violative of various orders issued by the Government, which the Manager was expected to adhere to. The petitioner having completed 46 years of age as on 29.02.2016, she cannot be considered eligible for the post of Lab Assistant. The staff fixation orders issued by the RDD ordering 4 posts of Lab Assistants was issued due to oversight, and the said mistake was corrected later. It was taking note of all these aspects that the request for age relaxation was rejected by the Government.

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I have heard Sri.Joshi N Thomas, the learned counsel

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appearing for the petitioner in W.P.(C) No.26967 of 2019, Sri.M.R.Dhanil, the learned counsel appearing for the petitioner in W.P.(C) 24144/2022, and the learned Government Pleader.

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Sri. Joshi N Thomas, the learned counsel, submitted that along

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with the reply affidavit, the petitioner has placed on record Ext.P13 order dated 24.01.2020 issued by the 1st respondent in respect of one

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W.P. (C) Nos. 26967 of 2019 & 24144 of 2022

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Smt.Beena P, by which age relaxation has been granted to her. The Government has taken a sympathetic stand insofar as the said teacher is concerned. It is requested that, without adverting to the merits of the matter, necessary directions be issued to the 1st respondent to reconsider the matter in the light of Ext.P13.

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Sri. Dhanil, the learned counsel appearing for the petitioner in W.P.(C) 24144 of 2022, submits that though this Court had not granted an interim order for unknown reasons, the request of Sri.Justine O.K for promotion is not being considered. According to the learned counsel, though Sri.Justine can have no grievance in considering the request of V.S.Shermila, nothing stands in the way of respondents 1 to 4 in issuing orders promoting him to the post of Lab assistant. He requests that directions be issued to respondents 1 to 4 to issue orders promoting the petitioner to the post of Laboratory Assistant subject to Government Orders that may be issued on the representation of Smt.V.S.Shermila.

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The learned Government Pleader would refer to Ext.P12, and it is submitted that all relevant aspects were considered by the 1st respondent in terms of the directions issued by this Court in Ext.P11. It is

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W.P. (C) Nos. 26967 of 2019 & 24144 of 2022

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submitted that the petitioner would not fall into the category of persons in respect of whom benefit has been granted as per Ext.P13 order as the said teacher is an LPST having an extended period of service.

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I have considered the submissions advanced. The grievance of the petitioner in W.P.(C) No.26967 of 2019 is that some indulgence has been shown by the Government in respect of Smt. Beena P, as is evident from Ext.P13. As the limited request of the petitioner is for a reconsideration of the matter in the light of Ext.P13 order, I am of the view that necessary directions can be issued. It is made clear that this Court has not opined on the relative merits of the matter.

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In that view of the matter, without observing anything on the

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merits of the matter, there will be a direction to the 1st respondent to reconsider Ext.P9 and pass appropriate orders, after affording an opportunity of being heard, either physically or virtually, to the petitioner herein or her authorized representative and the respondents 4 to 6. Orders, as directed above, shall be passed expeditiously, in any event, within four months from the date of production of a copy of this judgment.

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The mere fact that the representation is pending consideration before

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W.P. (C) Nos. 26967 of 2019 & 24144 of 2022

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the 1st respondent is no reason for the 1st respondent to keep in abeyance the request of the petitioner in W.P.(C) 24144 of 2022 to grant promotion. Appropriate orders shall be passed on the request for promotion expeditiously, in any event, within two months.

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These writ petitions are disposed of.

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Sd/- RAJA VIJAYARAGHAVAN V, JUDGE

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IAP

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W.P. (C) Nos. 26967 of 2019

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& 24144 of 2022

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APPENDIX OF WP(C) 26967/2019

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PETITIONER’S EXHIBITS:

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`EXHIBIT`	`P1` `TRUE COPY OF ORDER` `NO.ACD.C4/6741/DHSE/2008 DATED`
	`26.11.2008 ISSUED BY THE 2ND RESPONDENT.`
`EXHIBIT`	`P2` `TRUE COPY OF ORDER` `NO.ACD.C4/6741/DHSE/2008 (A) DATED` `29.12.2008 OF THE 2ND RESPONDENT.`
`EXHIBIT`	`P3` `TRUE COPY OF APPOINTMENT ORDER OF THE` `PETITIONER DATED 01.07.2014.`
`EXHIBIT`	`P4` `TRUE COPY OF ORDER` `NO.A-2/8233/14/RDD/HSE/EKM DATED` `10.10.2014 OF THE 3RD RESPONDENT.`
`EXHIBIT`	`P5` `TRUE COPY OF THE ORDER NO.ACD` `A2/52071/HSE/EKM DATED 06.02.2015 OF THE` `2ND RESPONDENT.`
`EXHIBIT`	`P6` `TRUE COPY OF ORDER` `NO.B2/4670/RDD/HSE/EKM/2014 DATED` `28.04.2014.`
`EXHIBIT`	`P7` `TRUE COPY OF ORDER` `NO.B2/4670/RDD/HSE/EKM/2014 DATED` `28.01.2015 OF THE 3RD RESPONDENT.`
`EXHIBIT`	`P8` `TRUE COPY OF ORDER DATED 06.04.2016 IN` `WP(C) 15761/15 OF THIS HON'BLE COURT.`
`EXHIBIT`	`P9` `TRUE COPY OF REPRESENTATION DATED`
	`09.09.2016 SUBMITTED BY THE PETITIONER` `TO THE 1ST RESPONDENT.`

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W.P. (C) Nos. 26967 of 2019

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& 24144 of 2022

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EXHIBIT P10TRUE COPY OF ORDER
NO.2099969/T.1/2018/G.EDN.
THIRUVANANTHAPURAM DATED 14.05.2018
ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P11TRUE COPY OF JUDGMENT DATED 08.02.2019
IN WP(C) 1257/2019 OF THIS HON'BLE
COURT.
EXHIBIT P12TRUE COPY OF ORDER NO.
GO(P)NO.3895/2019/GEN.EDN.
THIRUVANANTHAPURAM DATED 30.09.2019
ISSUED BY THE 1ST RESPONDENT.
Exhibit P13COPY OF ORDER NO. G.O(P)
486/2020/PUB/INT/DEPT DATED 24/01/2020
ISSUED BY THE 1ST RESPONDENT

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W.P. (C) Nos. 26967 of 2019 & 24144 of 2022

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APPENDIX OF WP(C) 24144/2022

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PETITIONER’S EXHIBITS:

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Exhibit P1TRUE COPY OF THE JUDGMENT DATED
08.02.2019 IN WP(C) NO. 1257 OF 2019.
Exhibit P2TRUE COPY OF THE ORDER NO.G.O(P) NO.
3895/2019 OF THE GENERAL EDUCATIONAL
DEPARTMENT, TRIVANDRUM DATED 30.09.2019,
ISSUED BY 1ST RESPONDENT.

Justin O K v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Justin O K v. the State of Kerala

Case brief

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What did the court decide?

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