Review petitions challenging a judgment regarding teacher cadre allocations were dismissed. The Court held that the petitioner had failed to read the operative portion correctly and found no vitiation by factual errors regarding the recognition of teachers as LPSAs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 4TH DAY OF AUGUST 2023 / 13TH SRAVANA, 1945
RP NO. 680 OF 2023
AGAINST THE ORDER DATED 24.05.2022 IN WA 215/2022 OF HIGH COURT OF KERALA
REVIEW PETITIONER/5TH RESPONDENT:
NISHA KUMARI S, AGED 43 YEARS W/O AJIKUMAR, LOWER PRIMARY SCHOOL ASSISTANT, UPPER PRIMARY SCHOOL, ELLIPPAIKULAM PALLIKKAL, ALPPUZHA -690503, NOW ON DEPLOYMENT AS PROTECTED TEACHERS AS LPSA CMSHSS, THALAVADI, ALAPPUZHA DISTRICT (RESIDING AT KARTHIKA PERURKARAYAMMA CHARIMUDE P.O, ALAPPUZHA - 690 530)
BY ADVS. SRI.V.A.MUHAMMED SRI.M.SAJJAD SMT.JENZIA P.A
RESPONDENTS/APPELLANTS 1 TO 3 AND RESPONDENTS 1 TO 4 AND 6 IN THE WRIT APPEAL:
:2:
RP.No.680 of 2023 in WA.No.215 of 2022 RP.No.691 of 2023 in WA.No.591 of 2021 RP.No.727 of 2023 in WA.No.808 of 2021 RP.No.773 of 2023 in WA.No.566 of 2021 &
RP.No.774 of 2023 in WA.No.125 of 2022
NOORANAD, PIN-690504, ALAPPUZHA WORKING AS UPSA, ELIPPAKULAM, ELIPPAKULAM P.O. 691 551, ALAPPUZHA.
7 J.RAKHI, UPPER PRIMARY SCHOOL TEACHER, UPPER PRIMARY SCHOOL, ELIPPAKULAM ELIPPAKULAM P.O., PALLICKAL, ALAPPUZHA, PIN – 690503
BY ADV R.T.PRADEEP SRI.M.SAJJAD SRI.B.MOHANLAL SRI.V.VIJULAL SR.GOVERNMENT PLEADER SMT.VINITHA B
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 04.08.2023, ALONG WITH RP.691/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
:3:
RP.No.680 of 2023 in WA.No.215 of 2022 RP.No.691 of 2023 in WA.No.591 of 2021 RP.No.727 of 2023 in WA.No.808 of 2021 RP.No.773 of 2023 in WA.No.566 of 2021 &
RP.No.774 of 2023 in WA.No.125 of 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 4TH DAY OF AUGUST 2023 / 13TH SRAVANA, 1945
RP NO. 691 OF 2023
AGAINST THE JUDGMENT DATED 24.05.5022 IN WA 591/2021 OF HIGH COURT OF KERALA
PETITIONER/REVIEW PETITIONER:
NISHA KUMARI S, AGED 43 YEARS W/O AJIKUMAR, LOWER PRIMARY SCHOOL ASSISTANT, UPPER PRIMARY SCHOOL, ELLIPPAIKULAM PALLIKKAL, ALPPUZHA690503, NOW ON DEPLOYMENT AS PROTECTED TEACHERS AS LPSA CMSHSS, THALAVADI, ALAPPUZHA DISTRICT (RESIDING AT KARTHIKA PERURKARAYAMMA CHARIMUDE P.O, ALAPPUZHA - 690 530
BY ADVS. SRI.V.A.MUHAMMED SRI.M.SAJJAD SMT.JENZIA P.A
RESPONDENTS/RESPONDENTS:
:4:
RP.No.680 of 2023 in WA.No.215 of 2022 RP.No.691 of 2023 in WA.No.591 of 2021 RP.No.727 of 2023 in WA.No.808 of 2021 RP.No.773 of 2023 in WA.No.566 of 2021 &
RP.No.774 of 2023 in WA.No.125 of 2022
BY ADV R.RAJASEKHARAN PILLAI BY SR.GOVERNMENT PLEADER SMT.VINITHA B
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 04.08.2023, ALONG WITH RP.680/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
:5:
RP.No.680 of 2023 in WA.No.215 of 2022 RP.No.691 of 2023 in WA.No.591 of 2021 RP.No.727 of 2023 in WA.No.808 of 2021 RP.No.773 of 2023 in WA.No.566 of 2021 &
RP.No.774 of 2023 in WA.No.125 of 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 4TH DAY OF AUGUST 2023 / 13TH SRAVANA, 1945
RP NO. 727 OF 2023
AGAINST THE JUDGMENT DATED 24.05.2022 IN WA 808/2021 OF HIGH COURT OF KERALA
REVIEW PETITIONER/7TH RESPONDENT:
NISHA KUMARI S, AGED 43 YEARS NISHAS, PERURKARAYAMMA CHARUMMOODE P.O, ALAPPUZHA, PIN – 690505
BY ADVS. SRI.V.A.MUHAMMED SMT.JENZIA P.A
RESPONDENTS/APPELLANT AND RESPONDENTS 1 TO 6 AND 8 IN THE WRIT APPEAL:
:6:
RP.No.680 of 2023 in WA.No.215 of 2022 RP.No.691 of 2023 in WA.No.591 of 2021 RP.No.727 of 2023 in WA.No.808 of 2021 RP.No.773 of 2023 in WA.No.566 of 2021 &
RP.No.774 of 2023 in WA.No.125 of 2022
BY ADV R.T.PRADEEP SR.GOVERNMENT PLEADER SMT.VINITHA B
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 04.08.2023, ALONG WITH RP.680/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
:7:
RP.No.680 of 2023 in WA.No.215 of 2022 RP.No.691 of 2023 in WA.No.591 of 2021 RP.No.727 of 2023 in WA.No.808 of 2021 RP.No.773 of 2023 in WA.No.566 of 2021 &
RP.No.774 of 2023 in WA.No.125 of 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 4TH DAY OF AUGUST 2023 / 13TH SRAVANA, 1945
RP NO. 773 OF 2023 AGAINST THE JUDGMENT DATED 24.05.2022 IN WA 566/2021 OF HIGH COURT OF KERALA
REVIEW PETITIONER/3RD PARTY:
NISHA KUMARI S, AGED 43 YEARS W/O AJIKUMAR, LOWER PRIMARY SCHOOL ASSISTANT, UPPER PRIMARY SCHOOL, ELLIPPAIKULAM PALLIKKAL, ALPPUZHA -690503 NOW ON DEPLOYMENT AS PROTECTED TEACHERS AS LPSA CMSHSS, THALAVADI, ALAPPUZHA DISTRICT (RESIDING AT KARTHIKA PERURKARAYAMMA CHARIMUDE P.O, ALAPPUZHA - 690 530
BY ADVS. SRI.V.A.MUHAMMED SRI.M.SAJJAD SMT.JENZIZ P.A
RESPONDENTS/APPELLANTS 1 & 2 AND RESPONDENTS 1 TO 6 IN THE WRIT APPEAL:
1 SREELATHA S.L., AGED 54 YEARS UPPER PRIMARY SCHOOL TEACHER, UPPER PRIMARY SCHOOL, ELIPPAKULAM ELIPPAKULAM P.O., PALLICKAL, ALAPPUZHA, PIN – 690503
:8:
RP.No.680 of 2023 in WA.No.215 of 2022 RP.No.691 of 2023 in WA.No.591 of 2021 RP.No.727 of 2023 in WA.No.808 of 2021 RP.No.773 of 2023 in WA.No.566 of 2021 &
RP.No.774 of 2023 in WA.No.125 of 2022
UPPER PRIMARY SCHOOL TEACHER, UPPER PRIMARY SCHOOL, ELIPPAKULAM ELIPPAKULAM P.O., PALLICKAL, ALAPPUZHA, PIN – 690503
BY ADV R.RAJASEKHARAN PILLAI BY SR.GOVERNMENT PLEADER SMT.VINITHA B
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 04.08.2023, ALONG WITH R680/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
:9:
RP.No.680 of 2023 in WA.No.215 of 2022 RP.No.691 of 2023 in WA.No.591 of 2021 RP.No.727 of 2023 in WA.No.808 of 2021 RP.No.773 of 2023 in WA.No.566 of 2021 &
RP.No.774 of 2023 in WA.No.125 of 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 4TH DAY OF AUGUST 2023 / 13TH SRAVANA, 1945
RP NO. 774 OF 2023
AGAINST THE JUDGMENT DATED 24.05.2022 IN WA 125/2022 OF HIGH
COURT OF KERALA
REVIEW PETITIONER/3RD PARTY:
NISHA KUMARI S, AGED 43 YEARS W/O AJIKUMAR, LOWER PRIMARY SCHOOL ASSISTANT, UPPER PRIMARY SCHOOL, ELLIPPAIKULAM PALLIKKAL, ALPPUZHA690530, NOW ON DEPLOYMENT AS PROTECTED TEACHERS AS LPSA CMSHSS, THALAVADI, ALAPPUZHA DISTRICT (RESIDING AT KARTHIKA PERURKARAYAMMA CHARIMUDE P.O, ALAPPUZHA - 690 530)
BY ADVS. SRI.V.A.MUHAMMED SRI.M.SAJJAD SMT.JENZIZ P.A
RESPONDENTS/APPELLANTS 1 & 2 AND RESPONDENTS 1 TO 6 IN THE WRIT APPEAL:
:10:
RP.No.680 of 2023 in WA.No.215 of 2022 RP.No.691 of 2023 in WA.No.591 of 2021 RP.No.727 of 2023 in WA.No.808 of 2021 RP.No.773 of 2023 in WA.No.566 of 2021 &
RP.No.774 of 2023 in WA.No.125 of 2022
BY SR.GOVERNMENT PLEADER SMT.VINITHA B
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 04.08.2023, ALONG WITH RP.680/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
:11:
RP.No.680 of 2023 in WA.No.215 of 2022 RP.No.691 of 2023 in WA.No.591 of 2021 RP.No.727 of 2023 in WA.No.808 of 2021 RP.No.773 of 2023 in WA.No.566 of 2021 &
RP.No.774 of 2023 in WA.No.125 of 2022
O R D E R
A.K.Jayasankaran Nambiar, J.
These Review Petitions are before us pursuant to the order dated 13.02.2023 of the Supreme Court in SLP(Civil) No.34954 of 2022 and connected cases. By the said order, the Supreme Court noticed the submission of the learned Senior counsel for the petitioner that there were some factual errors in the operative part of our judgment dated 24.05.2022 in W.A.No.591 of 2021 and connected cases. The petitioner before the Supreme Court was, therefore, permitted to move a review/modification application before this Court for correcting the alleged factual errors.
:12:
RP.No.680 of 2023 in WA.No.215 of 2022 RP.No.691 of 2023 in WA.No.591 of 2021 RP.No.727 of 2023 in WA.No.808 of 2021 RP.No.773 of 2023 in WA.No.566 of 2021 &
RP.No.774 of 2023 in WA.No.125 of 2022
the alleged factual error by the review petitioner in the operative part of the judgment was largely on account of not reading the operative portion of the judgment in the light of paragraphs 5, 8, and 9 of the same judgment. The contention of the review petitioner is that there was no actual shifting of teachers, namely, Smt. Sreelatha and Smt.Rakhi as LPSAs in the school, since the Manager had not formally shifted them from the post of UPSAs to the post of LPSAs through any formal order. In paragraphs 3, 4, and 8 of our judgment dated 24.05.2022, we have clearly narrated the factual aspects of the case and, in particular, the fact that in all the staff fixation orders from 19992000 to the academic year 2015-2016, the aforesaid teachers were shown against the cadre strength of LPSAs in the school. It was in that background that, notwithstanding that no formal orders of shifting of the aforesaid teachers as LPSAs was passed by the Manager, we took note of the fact that the education authorities had recognised the said teachers as LPSAs in the school during the period from 1999-2000 till 2015-2016. The recognition of the said teachers as LPSAs in the staff fixation orders passed in terms of the Kerala Education Act and Rules was deemed sufficient to treat the said teachers as shifted from the post of UPSAs to LPSAs in the school. It was in the backdrop of the said facts that the operative portion of the judgment mentioned that
:13:
RP.No.680 of 2023 in WA.No.215 of 2022 RP.No.691 of 2023 in WA.No.591 of 2021 RP.No.727 of 2023 in WA.No.808 of 2021 RP.No.773 of 2023 in WA.No.566 of 2021 &
RP.No.774 of 2023 in WA.No.125 of 2022
Smt.Sreelatha and Smt.Rakhi, who prior, to the year 2000 itself, were adjusted against vacancies in the post of LPSAs in the school, and were counted against the strength of LPSAs in the school, were pursuant to the inspection in 2016, erroneously counted towards the strength of UPSAs in the school. We, therefore, do not find our earlier judgment vitiated on account of any factual error as alleged by the learned counsel for the review petitioner. The Review Petitions, therefore, fail and are accordingly dismissed.
Sd/-
A.K.JAYASANKARAN NAMBIAR
JUDGE
Sd/-
MOHAMMED NIAS C.P. JUDGE
mns
:14:
RP.No.680 of 2023 in WA.No.215 of 2022 RP.No.691 of 2023 in WA.No.591 of 2021 RP.No.727 of 2023 in WA.No.808 of 2021 RP.No.773 of 2023 in WA.No.566 of 2021 &
RP.No.774 of 2023 in WA.No.125 of 2022
APPENDIX OF RP 680/2023
PETITIONER ANNEXURES
Annexure -I TRUE COPY OF THE ORDER OF THE SUPREME COURT IN SLP (C) DIARY NO. 34954/2022 DATED 13.02.2023 Annexure -II TRUE COPY OF THE HEARING NOTICE NO. C/211/2022 DATED 30.05.2023
:15:
RP.No.680 of 2023 in WA.No.215 of 2022 RP.No.691 of 2023 in WA.No.591 of 2021 RP.No.727 of 2023 in WA.No.808 of 2021 RP.No.773 of 2023 in WA.No.566 of 2021 & RP.No.774 of 2023 in WA.No.125 of 2022
APPENDIX OF RP 691/2023
PETITIONER ANNEXURES
Annexure -I TRUE COPY OF THE ORDER OF THE SUPREME COURT IN SLP (C) DIARY NO. 34954/2022 DATED 13.02.2023 Annexure -II TRUE COPY OF THE HEARING NOTICE NO. C/211/2022 DATED 30.05.2023
:16:
RP.No.680 of 2023 in WA.No.215 of 2022 RP.No.691 of 2023 in WA.No.591 of 2021 RP.No.727 of 2023 in WA.No.808 of 2021 RP.No.773 of 2023 in WA.No.566 of 2021 & RP.No.774 of 2023 in WA.No.125 of 2022
APPENDIX OF RP 727/2023
PETITIONER ANNEXURES
Annexure -I TRUE COPY OF THE ORDER OF THE SUPREME COURT IN SLP (C) DIARY NO. 34954/2022 DATED 13.02.2023
Annexure -II TRUE COPY OF THE HEARING NOTICE NO. C/211/2022 DATED 30.05.2023
:17:
RP.No.680 of 2023 in WA.No.215 of 2022 RP.No.691 of 2023 in WA.No.591 of 2021 RP.No.727 of 2023 in WA.No.808 of 2021 RP.No.773 of 2023 in WA.No.566 of 2021 & RP.No.774 of 2023 in WA.No.125 of 2022
APPENDIX OF RP 773/2023
PETITIONER ANNEXURES
Annexure -I TRUE COPY OF THE ORDER OF THE SUPREME COURT IN SLP (C) DIARY NO. 34954/2022 DATED 13.02.2023 Annexure- II TRUE COPY OF THE HEARING NOTICE NO. C/211/2022 DATED 30.05.2023
:18:
RP.No.680 of 2023 in WA.No.215 of 2022 RP.No.691 of 2023 in WA.No.591 of 2021 RP.No.727 of 2023 in WA.No.808 of 2021 RP.No.773 of 2023 in WA.No.566 of 2021 & RP.No.774 of 2023 in WA.No.125 of 2022
APPENDIX OF RP 774/2023
PETITIONER ANNEXURES
Annexure -I TRUE COPY OF THE ORDER OF THE SUPREME COURT IN SLP (C) DIARY NO. 34954/2022 DATED 13.02.2023 Annexure -II TRUE COPY OF THE HEARING NOTICE NO. C/211/2022 DATED 30.05.2023
1 issue framed by the court
Whether the impugned judgment of this Court by 20:II containing factual errors in the purported operative part.
Colour shows how this judgement treated each authority
SLP(Civil) No.34954 of 2022Referred¶146
Nisha Kumari S
State of Kerala
Sreelatha S.L.
J.Rakhi
A.K.Jayasankaran Nambiar
Mohammed Nias C.P.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
