Disposed

Fr.Francis J v. State of Kerala

Kerala HC17 Oct 2022WP(C)/6654/2022

Case brief

AI extract

What is this about?

The Court allowed two intertwined writ petitions concerning rival teacher appointments. It directed the 1st respondent to expediently consider a pending revision petition (Ext.P18) filed by one petitioner, afford an opportunity of being heard to all parties involved, and pass appropriate orders within two months by issuing physical or virtual notifications.

What did the court decide?

Directions issued to the 1st respondent to consider Ext.P18 exhaustively, hear all affected parties, and pass orders within two months. Writ petitions disposed of.

Fr.Francis J Vs State of Kerala — Pension and Retirement Benefits | 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 17^TH DAY OF OCTOBER 2022 / 25TH ASWINA, 1944 WP(C) NO. 6654 OF 2022

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PETITIONER/S:

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FR.FRANCIS J
AGED 44 YEARS
HSST (SOCIAL WORK), ST. ANTONY'S HIGHER SECONDARY
SCHOOL, POONJAR, POONJAR SOUTH P.O,
KOTTAYAM DISTRICT, PIN - 686582.

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BY ADVS.
BABU JOSEPH KURUVATHAZHA
C.P.SIVADASAN NAIR.

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RESPONDENT/S:

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

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2 DIRECTOR OF GENERAL EDUCATION (HIGHER SECONDARY WING), JAGATHY P.O, THIRUVANANTHAPURAM, PIN - 695014.

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3 JUBIT MATHEW D/O. K.C. MATHEW, HST (ENGLISH), ST. ANTONY'S HSS, MUTHOLY, MUTHOLY P.O, PALA - VIA, KOTTAYAM DISTRICT, PIN - 686573.

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4 REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY SCHOOLS, THIRUNAKKARA SOUTH ROAD, KOTTAYAM, PIN - 686001.

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5 CORPORATE MANAGER, ST. JOSEPH'S CORPORATE EDUCATIONAL AGENCY OF CMI SCHOOLS, PROVINCIAL HOUSE, P.B.NO. 648, KOTTAYAM - 686001.

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W.P. (C) No.6654 & 11622 of 2022

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BY ADVS.
M.R.ANISON
TOM JOSE (PADINJAREKARA)
SUNNY JOSEPH(K/671/1987)
K.T.SEBASTIAN(K/1079/2001).

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SMT. NISHA BOSE,SENIOR GOVERNMENT PLEADER.

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THISWRITPETITION(CIVIL)HAVINGCOMEUPFORADMISSION
ON17.10.2022,ALONGWITHWP(C).11622/2022,THECOURTONTHE
SAME DAY DELIVERED THE FOLLOWING:

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W.P. (C) No.6654 & 11622 of 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 17THDAY OF OCTOBER 2022 / 25TH ASWINA,1944
WP(C) NO. 11622 OF 2022

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PETITIONER/S:

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JUBIT MATHEW
AGED 35 YEARS
HIGH SCHOOL TEACHER (ENGLISH), ST ANTONY'S HIGHER
SECONDARY SCHOOL, MUTHOLI.P.O, KOTTAYAM-686 573,
PIN - 686573

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BY ADVS.
M.R.ANISON
V.BHARGAVI (PANANGAD)
P.A.RINUSA

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RESPONDENT/S:

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

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2 THE DIRECTOR OF GENERAL EDUCATION , HOUSING BOARD BUILDING, SANTHI NAGAR, THIRUVANANTHAPURAM-695 001

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3 THE REGIONAL DEPUTY DIRECTOR, HIGHER SECONDARY EDUCATION, REGIONAL OFFICE, KOTTAYAM-686 001.

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4 THE CORPORATE MANAGER ST.JOSEPH"S CMI EDUCATIONAL AGENCY, C.M.I PROVINCIAL HOUSE, P.B.NO. 648, KOTTAYAM-686 001.

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5 FR. FRANCIS.J HIGH SCHOOL TEACHER (SOCIAL SCIENCE), ST.ANTONY'S HSS, POONJAR.P.O, KOTTAYAM-686 581

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W.P. (C) No.6654 & 11622 of 2022

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BY ADVS.
TOM JOSE (PADINJAREKARA)
BABU JOSEPH KURUVATHAZHA
SUNNY JOSEPH(K/671/1987)
K.T.SEBASTIAN(K/1079/2001)

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OTHER PRESENT:

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SMT NISHA BOSE SR LEARNED GOVERNMENT PLEADER.

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THISWRITPETITION(CIVIL)HAVINGCOMEUPFORADMISSION
ON17.10.2022,ALONGWITHWP(C)NO.6654/2022,THECOURTONTHE
SAME DAY DELIVERED THE FOLLOWING:

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W.P. (C) No.6654 & 11622 of 2022

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JUDGMENT

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W.P.(C). No. 11622 of 2022 is filed by Smt. Jubit Mathew, seeking issuance of directions to the Corporate Manager, St. Joseph's CMI Educational Agency, to implement Ext.P7 order dated 17.04.2021 issued by the Regional Deputy Director and Ext.P8 order passed in appeal by the Director of General Education. The assertion of Smt. Jubit Mathew is that she is the senior and the most qualified teacher available when the vacancy arose to the appointment as HSST (Social Work), and therefore, she ought to have been appointed to the above post with effect from 07.05.2018. Her contention was accepted by the Educational Authorities as well.

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W.P.(C). No. 6654 of 2022 is filed by Fr. Francis J., who is a rival claimant. Fr. Francis J. is aggrieved by the order issued by the RDD as confirmed by the DGE on an appeal filed by him. Fr. Francis contends that he has preferred a revision petition before the Government and his prayer in the writ petition is for issuance of directions to the 1st respondent to consider the same and to take a decision.

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As the disputes are closely intertwined, I am of the view that

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both these matters can be heard and disposed of by a common judgment.

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W.P. (C) No.6654 & 11622 of 2022

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Having considered the submissions advanced, I find that challenging the order issued by the RDD and confirmed by the DGE, Fr.Francis J., has already approached the 1st respondent and has preferred a revision petition, produced as Ext.P18 in W.P.(C). No. 6654/2022. In that view of the matter, directions can be issued to the 1st respondent to consider Ext.P18 and take a decision after hearing all sides concerned.

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

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a) There will be a direction to the 1st respondent to

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take up, consider and pass appropriate orders on Ext.P18 after affording an opportunity of being heard, either physically or virtually, to the petitioners herein or their authorized representatives, the Manager and other affected parties, if any.

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b) Orders, as directed above, shall be passed

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W.P. (C) No.6654 & 11622 of 2022

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expeditiously, in any event, within two months

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from the date of production of a copy of this judgment.

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c) It would be open to the petitioners to produce a

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

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These writ petitions are disposed of.

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Sd/- RAJA VIJAYARAGHAVAN V, JUDGE

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Dxy

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W.P. (C) No.6654 & 11622 of 2022

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APPENDIX OF WP(C) 6654/2022

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PETITIONER EXHIBITS

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`Exhibit P1`	`TRUE` `PHOTOCOPY` `OF` `THE` `MARK` `CARD`	`OF`	`THE`
	`PETITIONER` `DATED` `10.07.2000` `ISSUED` `BANGALORE UNIVERSITY.`	`BY`	`THE`
`Exhibit P1(a)`	`TRUE` `PHOTOCOPY` `OF` `THE` `MARK` `CARD`	`OF`	`THE`
	`PETITIONER` `DATED` `2.11.2001` `ISSUED` `BANGALORE UNIVERSITY.`	`BY`	`THE`
`Exhibit P1(b)`	`TRUE` `PHOTOCOPY` `OF` `THE` `MARK` `CARD` `PETITIONER` `DATED` `19.07.2002` `ISSUED` `BANGALORE UNIVERSITY.`	`OF` `BY`	`THE` `THE`
`Exhibit P2`	`TRUE` `COPY` `OF` `THE` `CERTIFICATE` `OF` `MS` `04.12.2010 ISSUED BY THE BANGALORE UNI` `TO THE PETITIONER.`	`W` `D` `VER`	`ATED` `SITY`
`Exhibit P3`	`TRUE COPY OF THE CERTIFICATE DATED 17.` `ISSUED BY THE THIRUVALLUVAR UNIVERSITY` `PETITIONER.`	`03.` `TO`	`2015` `THE`
`Exhibit P4`	`TRUE COPY OF THE MARK CARD OF THE PET` `DATED` `30.07.2013` `IN` `THE` `B.ED` `EXAMINATION,` `ISSUED` `BY` `THE` `MAHATMA` `UNIVERSITY.`	`ITI` `DE` `GA`	`ONER` `GREE` `NDHI`
`Exhibit P4(a)`	`TRUE COPY OF THE CERTIFICATE DATED 22.` `ISSUED` `BY` `THE` `MAHATMA` `GANDHI` `UNIVER` `THE PETITIONER.`	`01.` `SITY`	`2014` `TO`
`Exhibit P4(b)`	`TRUE COPY OF THE DEGREE CERTIFICATE` `DATED 11.06.2015 ISSUED BY THE MAHATMA` `UNIVERSITY TO THE PETITIONER.`	`OF` `GA`	`B.ED` `NDHI`
`Exhibit P5`	`TRUE COPY OF THE ORDER OF APPOINTMEN` `02.06.2014` `ISSUED` `BY` `THE` `5TH` `RESP` `APPOINTING THE PETITIONER AS UPSA.`	`T D` `OND`	`ATED` `ENT,`

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W.P. (C) No.6654 & 11622 of 2022

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`Exhibit P6`	`TRUE` `PHOTOCOPY` `OF` `THE` `SERVICE` `AND` `PAYROLL` `ADMINISTRATIVE REPOSITORY OF THE PETITIONER.`
`Exhibit P7`	`TRUE` `COPY` `OF` `THE` `ORDER` `DATED` `06.06.2019` `ISSUED BY THE 5TH RESPONDENT, APPOINTING THE` `PETITIONER` `AS` `HIGH` `SCHOOL` `TEACHER,` `HST` `(SOCIAL` `SCIENCE)` `AT` `ST.` `ANTONY'S` `H.S.S.,` `POONJAR.`
`Exhibit P8`	`TRUE` `COPY` `OF` `THE` `REPRESENTATION` `DATED` `03.01.2020 SUBMITTED BY THE PETITIONER BEFORE` `THE 5TH RESPONDENT.`
`Exhibit P9`	`TRUE` `COPY` `OF` `THE` `ORDER` `DATED` `25.02.2020` `ISSUED BY THE 5TH RESPONDENT, APPOINTING THE` `PETITIONER AS HSST (SW) AT ST. ANTONY'S HIGH` `SCHOOL, POONJAR.`
`Exhibit P10`	`TRUE COPY OF THE ORDER OF APPOINTMENT DATED` `01.06.2011` `ISSUED` `BY` `THE` `5TH` `RESPONDENT.` `APPOINTING THE 3RD RESPONDENT AS UPSA.`
`Exhibit P11`	`TRUE COPY OF THE MARK CARD ISSUED BY INDIRA` `GANDHI` `NATIONAL` `OPEN UNIVERSITY, TO THE 3RD` `RESPONDENT. ON SECURING B.ED QUALIFICATION.`
`Exhibit P12`	`TRUE` `COPY` `OF` `THE` `B.ED` `DEGREE` `CERTIFICATE` `DATED 12.02.2016 ISSUED BY THE INDIRA GANDHI` `NATIONAL` `OPEN` `UNIVERSITY,` `TO` `THE` `3RD` `RESPONDENT.`
`Exhibit P13`	`TRUE` `COPY` `OF` `THE` `ORDER` `DATED` `15.07.2021` `ISSUED BY THE 5TH RESPONDENT, APPOINTING THE` `3RD RESPONDENT AS HST (ENGLISH).`
`Exhibit P14`	`TRUE` `COPY` `OF` `G.O(P)` `NO.` `364/02/G.EDN` `DATED` `06.11.2002 ISSUED BY THE 1ST RESPONDENT.`
`Exhibit P15`	`TRUE` `COPY` `OF` `THE` `LETTER` `DATED` `17.04.2021`
	`ISSUED` `BY` `THE` `4TH` `RESPONDENT` `TO` `THE` `5TH` `RESPONDENT.`

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W.P. (C) No.6654 & 11622 of 2022

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Exhibit P16TRUECOPYOFTHEJUDGMENTOFTHEHON'BLE
COURTDATED28.07.2021INWP(C)NO.
15008/2021.
Exhibit P17TRUECOPYOFTHEORDERDATED03.11.2021
ISSUED BY THE 2ND RESPONDENT.
Exhibit P18TRUECOPYOFTHEREVISIONPETITIONDATED
27.12.2021FILEDBYTHEPETITIONERBEFORETHE
1STRESPONDENTASCONTEMPLATEDINRULE92OF
CHAPTER XIV A OF KER.

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W.P. (C) No.6654 & 11622 of 2022

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¶72

APPENDIX OF WP(C) 11622/2022

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PETITIONER EXHIBITS

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`Exhibit P1`	`A` `TRUE` `COPY` `OF` `THE` `DEGREE` `OF` `MASTER` `OF` `SOCIAL` `WORK` `CERTIFICATE` `ISSUED` `BY` `THE`
	`MAHATMA` `GANDHI` `UNIVERSITY` `DATED` `06.06.2011.`
`Exhibit P2`	`A TRUE COPY OF THE STATE ELIGIBILITY TEST` `CERTIFICATE` `ISSUED` `BY` `THE` `GOVERNMENT` `OF` `KERALA DATED 30.04.2015.`
`Exhibit P3`	`A` `TRUE` `COPY` `OF` `THE` `B.ED` `CERTIFICATE` `ISSUED BY THE INDIRA GANDHI NATIONAL OPEN` `UNIVERSITY DATED 12.02.2016.`
`Exhibit P4`	`A` `TRUE` `COPY` `OF` `THE` `EQUIVALENCY` `CERTIFICATE` `ISSUED` `BY` `THE` `UNIVERSITY` `OF` `CALICUT DATED 9.11.2020.`
`Exhibit P5`	`A` `TRUE` `COPY` `OF` `THE` `APPOINTMENT ORDER OF` `THE PETITIONER DATED 01.06.2011 ISSUED BY` `THE 4TH RESPONDENT.`
`Exhibit P6`	`A` `TRUE` `COPY` `OF` `THE` `REPRESENTATION` `SUBMITTED` `BY` `THE` `PETITIONER` `BEFORE` `THE` `4TH RESPONDENT DATED 14.05.2018.`
`Exhibit P7`	`A` `TRUE` `COPY` `OF` `THE` `ORDER` `BEARING` `NO.` `A3/852/2020/RDD/KTM,` `DATED` `17.04.2021` `ISSUED BY THE 3RD RESPONDENT.`
`Exhibit P8`	`A TRUE COPY OF THE ORDER BEARING NO. ACD,` `B4/207054/2021/HSE` `DATED` `03.11.2021` `ISSUED BY THE 2ND RESPONDENT.`

Fr.Francis J v. State of Kerala

Case brief

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Fr.Francis J v. State of Kerala

Case brief

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