Disposed

Besty Alex, v. State of Kerala

Kerala HC29 Nov 2022WP(C)/31857/2022

Case brief

AI extract

What is this about?

The High Court directed the Secretary to Government to consider a revision petition regarding a teacher's appointment approval, issuing directions to pass orders within three months while accounting for relevant Government Orders and pending Supreme Court challenges.

What did the court decide?

Direction to the 1st respondent to consider the revision petition and pass orders within three months, considering the application of the 2010 Government Order and pending Supreme Court challenges.

Besty Alex, Vs State of Kerala — Writ and Judicial Review | Kerala HC (2022)

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WP(C) NO. 31857 OF 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 29^TH DAY OF NOVEMBER 2022 / 8TH AGRAHAYANA, 1944

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WP(C) NO. 31857 OF 2022

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PETITIONER/S:

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BESTY ALEX, AGED 36 YEARS W/O. NOBY P.Y., UPPER PRIMARY SCHOOL TEACHER, ST. JOSEPH'S H.S., ARAKUZHA, ERNAKULAM DISTRICT, RESIDING AT PONGUMSSERIL, PUTHUPADY P.O., ERNAKULAM DISTRICT, PIN - 686 673.

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BY ADV PAULSON THOMAS

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RESPONDENT/S:

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

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2 THE DIRECTOR OF GENERAL EDUCATION, GENERAL EDUCATION DEPARTMENT, GOVERNMENT OF KERALA, JAGATHY, THIRUVANANTHAPURAM, PIN - 695 005.

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3 DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DEO, THODUPUZHA, PIN - 685 584.

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4 DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DEO, MUVATTUPUZHA, PIN - 686 691.

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WP(C) NO. 31857 OF 2022 2

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5 CORPORATE MANAGER, PAVANATHMA EDUCATIONAL AGENCY, C.M.C. PROVINCIAL HOUSE, KOTHAMANGALAM, ERNAKULAM DISTRICT, PIN - 686 691.

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6 CORPORATE MANAGER, CARMELGIRI EDUCATIONAL AGENCY, ADIMALY, IDUKKI DISTRICT, PIN - 685 561.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION

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ON 29.11.2022, THE COURT ON THE SAME DAY DELIVERED THE

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FOLLOWING:

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WP(C) NO. 31857 OF 2022

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JUDGMENT

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The petitioner states that she was appointed as UPST at Fathima Matha

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Girls Higher Secondary School, Koompanpara, with effect from 12.07.2007 against a newly sanctioned post during the academic year 2007-2008. However, her appointment was approved only with effect from 01.06.2011. Being aggrieved by non-approval of her appointment, the petitioner is before this Court seeking a declaration that she is entitled to get approval of her appointment with effect from 12.07.2007 by treating that the Manager has executed a bond in terms of Ext.P2 Government Order and for ancillary

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reliefs. Alternatively, the petitioner has sought for issuance of directions to the 1st respondent to consider and pass orders on Ext.P3 revision petition by

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reckoning that there is a deemed execution of bond by the Corporate Manager.

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I have heard Sri.Paulson Thomas, the learned counsel appearing for

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the petitioner and the learned Government Pleader.

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After having carefully evaluated the contentions raised in this writ

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WP(C) NO. 31857 OF 2022

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petition, the submissions made across the Bar and the facts and

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circumstances, I am of the view that this writ petition can be disposed of by issuing the following directions:

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a) The 1st respondent is directed to take up Ext.P3 revision petition filed by the petitioner and pass orders with notice to the petitioner as well as the respondents 5 and 6 and take a decision, as per procedure and in accordance with the law, in view of the law laid down by this Court in State of Kerala and Ors. v. V.S.Suma Devi and Ors. [judgment dated 1.8.2017 in W.A.No.211/2015]. Appropriate orders shall be passed expeditiously, in any event, within a period of three months from the date of receipt of a copy of this judgment.

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b) While considering the revision petition, the Secretary to Government shall consider whether G.O.(P) No.10/10/G.Edn. dated 12.1.2010 would apply, and if it applies, the 1st respondent shall be free to reckon that the Manager would be deemed to have executed the bond and also that he would be obliged to make appointments from

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WP(C) NO. 31857 OF 2022

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the list of protected teachers equal to the number of appointments approved during the ban period. The fact that the petition challenging G.O.(P) No.10/10 filed by the Manager is pending consideration of the Hon’ble Supreme Court shall not be taken as a ground to deny the benefits to the petitioner. It is made clear that the orders passed by the 1st respondent shall be subject to the decision of the Hon’ble Supreme Court in the pending petitions.

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c) It would be open to the petitioner to produce a copy of the writ petition along with the judgment before the concerned respondent for further action.

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The 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. 31857 OF 2022 6

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APPENDIX OF WP(C) 31857/2022

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PETITIONER(S) EXHIBITS :

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Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER W.E.F. 12-07-2007 AND APPROVED W.E.F. 01-06-2011. Exhibit P2 TRUE COPY OF G.O.(P)NO. 10/2010/ G.EDN. DATED 12-01-2010. Exhibit P3 TRUE COPY OF THE REVISION PETITION FILED BY THE PETITIONER DATED 30-08-2022. Exhibit P4 TRUE COPY OF THE JUDGMENT IN W.P.(C)NO. 5192/2018 DATED 08-03-2018. Exhibit P5 TRUE COPY OF THE JUDGMENT IN W.P.(C)NO. 22134/2022 DATED 07-07-2022.

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RESPONDENT(S) EXHIBITS : NIL

Besty Alex, v. State of Kerala

Case brief

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Besty Alex, v. State of Kerala

Case brief

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