Disposed

Vineetha S, W/O.Jayakrishnan v. State of Kerala

Kerala HC11 Apr 2023WP(C)/4260/2023

Case brief

AI extract

What is this about?

This Court issued directions to the 4th respondent to reconsider the proposal for approving the petitioner's appointment as a U.P.S.T. teacher within two months, ensuring an opportunity of hearing and considering the approval of junior teachers, in light of relevant Government orders and a prior judgment.

What did the court decide?

4th respondent to reconsider approval proposal within two months, afford opportunity of hearing, and consider junior teachers' approvals.

Vineetha S, W/O.Jayakrishnan Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2023)

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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 P.V.KUNHIKRISHNAN

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TUESDAY, THE 11^TH DAY OF APRIL 2023 / 21ST CHAITHRA, 1945

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WP(C) NO. 4260 OF 2023

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PETITIONER:

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VINEETHA S, W/O.JAYAKRISHNAN AGED 30 YEARS UPPER PRIMARY SCHOOL TEACHER, SRV UPS, CHANGANKULANGARA, KARUNAGAPPALLY, KOLLAM - 691 008, RESIDING AT THEKKADATHU KIZHAKKATHIL, NJARAKKAL, PERINAD P.O., KOLLAM, PIN - 691601 BY ADVS. B.MOHANLAL ASWIN V. NAIR

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RESPONDENTS:

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

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

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3 THE DEPUTY DIRECTOR OF EDUCATION THEVALLY P.O, KOLLAM, PIN - 691009

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4 THE ASSISTANT EDUCATIONAL OFFICER KARUNAGAPPLY P.O., KOLLAM, PIN - 690518

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5 THE MANAGER S.R.V. U.P.S., CHANGANKULANGARA, KARUNAGAPPALLY, OCHIRA, KOLLAM, PIN – 690528 BY ADV.SRI.K.M.FAISAL, GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 4260 OF 2023

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P.V.KUNHIKRISHNAN, J.

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------------------------------

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W.P.(C)No. 4260 of 2023

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Dated this the 11^th day of April, 2023

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JUDGMENT

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The above writ petition is filed with the following prayers:

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“(i) To call for the records leading to Ext.P7 from the 1 st Respondent and issue a writ of certiorari or other appropriate writ, order or direction quashing Ext. P7 order of the 1 st Respondent to the extent it orders directing to comply with the order for reservation of person with Disabilities Act, 2016 and thereby declining to approve the appointment of the Petitioner to the post of LP.S.T from 06/06/2019 in the established vacancy in the 5 th Respondent Aided Management School arose on 31/05/2019.

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(ii) To issue a writ of mandamus or other appropriate writ, order or direction commanding the 4th Respondent to approve the appointment of the Petitioner to the post of U.P.S.T. in the 5 th Respondent Aided management School from 06/06/2019 as per Ext. P7 order in the light of the directions in Ext.P11 and P15 orders of this Hon'ble Court and Ext.P12 to P14 Government orders within a stipulated time as directed by this Hon'ble Court.

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WP(C) NO. 4260 OF 2023

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(iii) To declare that the Petitioner is entitled to get approve the appointment to the post of U.P.S.T. in the 5 th Respondent Aided management School from 06/06/2019 as per Ext.P7 order in the light of the directions in Ext.P11 and P15 orders of this Hon'ble Court and Ext.P12 to P14 Government orders.

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(iv) To dispense with the translation of the documents produced in the Vernacular Language. (v) To issue such other reliefs as this Hon'ble Court may deem fit and proper in the circumstances the case.”[SIC]

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The petitioner is aggrieved because her appointment is not approved even though she was appointed on 06.06.2019 as per Ext.P1. The petitioner challenged the order rejecting the approval before the Government and the Government passed Ext.P7 order in which certain conditions are imposed by the Government for approving the appointment of the petitioner. The grievance of the petitioner is that, no consequential order is passed after Ext.P7. The petitioner also submitted that this Court also issued certain directions in

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Writ Appeal No.1445/2022 dated 13.03.2023. The

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WP(C) NO. 4260 OF 2023

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grievance of the petitioner is that, even now the Educational authority has not approved the appointment of the petitioner. The petitioner also submitted that the appointment of two other teachers who are junior to the petitioner were approved as evident by Exts.P8 and P8(a). Therefore, it is submitted that the rejection of the approval of appointment of the petitioner is illegal. Hence, this writ petition is filed.

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Heard counsel appearing for the petitioner and the learned Government Pleader.

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This Court perused Ext.P7 order passed by the Government in which certain directions are issued to the Educational authorities by the Government. Moreover, as per the judgment dated 13.03.2023 in W.A.No.1445/2022, this Court issued certain directions regarding the reservation to physically disabled persons. In the light of Ext.P7 order and the judgment in W.A.No.1445/2022, I think there can be a direction to

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the Educational authorities to consider the proposal for

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WP(C) NO. 4260 OF 2023

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approval of the petitioner's appointment within a time frame.

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Therefore, this writ petition is disposed of in the following manner:

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i. The 4^th respondent is directed to

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reconsider the proposal for approval of appointment of the petitioner in the light of the directions in Ext.P7 order of the Government and also in the light of the directions in the judgment dated 13.03.2023 in W.A.No.1445/2022, as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a stamped certified copy of this judgment.

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ii. Before passing final orders, the 4^th respondent will give an opportunity of hearing to the petitioner.

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iii. While deciding the matter, the 4^th respondent will consider the fact that the junior teachers appointments were already approved

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WP(C) NO. 4260 OF 2023

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subsequent to the petitioner's appointment as evident by Exts.P8 and P8(a).

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iv. Petitioner will produce a stamped certified copy of this judgment along with a copy of this writ petition before the 4^th respondent for compliance.

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P.V.KUNHIKRISHNAN JUDGE

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WP(C) NO. 4260 OF 2023

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APPENDIX OF WP(C) 4260/2023

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PETITIONER EXHIBITS

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EXHIBIT-P1	THE TRUE COPY OF THE	ORDER
	NO.C/7915/2019 DATED 03	.09.2019
	ISSUED BY THE 4TH RESPONDENT PETITIONER	TO THE
EXHIBIT-P2	THE TRUE COPY OF THE NO.B1/190158/2019 DATED 29	ORDER .02.2020
	ISSUED BY THE 3RD RESPONDENT PETITIONER	TO THE
EXHIBIT-P3	THE TRUE COPY OF THE	ORDER
	NO.C/19248/2021 DATED 23	.09.2021
	ISSUED BY THE 4TH RESPONDENT PETITIONER	TO THE
EXHIBIT-P4	THE TRUE COPY OF THE	ORDER
	NO.B1/273/2021/G.EDN.	DATED
	05.10.2021 ISSUED BY THE GO TO THE 2ND RESPONDENT.	VERNMENT
EXHIBIT-P5	THE TRUE COPY OF THE	ORDER
	NO.F4/234449/2021 DATED 13 ISSUED BY THE 2ND RESPONDENT	.10.2021
EXHIBIT-P6	THE TRUE COPY OF THE NO.165/2021-2022 DATED 25	REVISION .10.2021
	FILED BY THE 5TH RESPONDENT EXT.P5 ORDER BEFORE THE GOVERN	AGAINST MENT
EXHIBIT-P7	THE TRUE COPY OF THE	G.O.
	(RT)NO:5719/2022/GEDN. 01/10/2022 ISSUED BY THE GOVER	DATED NMENT.
EXHIBIT-P8	THE TRUE COPY OF THE	ORDER
	NO:C/16180/2021 DATED 24	/08/2021
	ISSUED BY THE 4TH RESPOND SMT.AARATHY KRISHNA V.	ENT TO
EXHIBIT-P8(A)	THE TRUE COPY OF THE	ORDER
	NO:C/16179/2021 DATED 24	/08/2021

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WP(C) NO. 4260 OF 2023

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	ISSUED BY THE 4TH RESPONDENT TO SMT.SAHITHI A.
EXHIBIT-P9	THE TRUE COPY OF THE G.O.
	(P)NO:3/2019/G.EDN. DATED 28/02/2019
	IN SRO NO.166/2019 ISSUED BY THE
	GOVERNMENT
EXHIBIT-P10	THE TRUE COPY OF THE CIRCULAR
	NO:J2/57/2019/G.EDN. DATED 08/03/2019 ISSUED BY THE GOVERNMENT.
EXHIBIT-P11	THE TRUE COPY OF THE ORDER DATED 13/12/2022 IN W.A.NO:1602/2022 OF THE DIVISION BENCH OF THIS HON'BLE COURT.
EXHIBIT-P12	THE TRUE COPY OF THE G.O.
	(P)NO:19/2021/GEDN. DATED 08/11/2021 ISSUED BY THE GOVERNMENT
EXHIBIT-P13	THE TRUE COPY OF THE G.O. (MS)NO:111/2022/GEDN. DATED 25/06/2022 ISSUED BY THE GOVERNMENT.
EXHIBIT-P14	THE TRUE COPY OF THE G.O.
	(P)NO:7/2022/SJD DATED 28/10/2022 ISSUED BY THE GOVERNMENT.
EXHIBIT-P15	THE TRUE COPY OF THE JUDGMENT DATED 21/12/2022 IN W.P.(C)NO:41639/2022 OF THIS HON'BLE COURT.

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RESPONDENT EXHIBITS

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//TRUE COPY// PA TO JUDGE

Vineetha S, W/O.Jayakrishnan v. State of Kerala

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Vineetha S, W/O.Jayakrishnan v. State of Kerala

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