The High Court disposed of a writ petition filed by teachers seeking staff fixation and permanent appointments. The court directed the 1st respondent to consider the petitioners' representation and pass appropriate orders within four months.
Directed the 1st respondent to consider Ext. P3 and pass appropriate orders within four months.
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.
WP(C) NO. 5330 OF 2023
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 22ND DAY OF FEBRUARY 2023 / 3RD PHALGUNA, 1944 WP(C) NO. 5330 OF 2023
PETITIONER/S:
1 CIBY THOMAS OOMMEN AGED 40 YEARS S/O OOMMEN THOMAS, PALAMOOTTIL HOUSE, THITTAMEL, CHENGANNUR, ALAPPUZHA DIST., PIN - 689121
2 SOUMYA E.V AGED 37 YEARS D/O VELAYUDHAN E.N, PAREKKATTUKUDY (H), THABORE P.O, POOTHAMKUTTY, ERNAKULAM DIST., PIN - 683577
AGED 29 YEARS D/O CHAKRAPANI K, RADHAMADHAVAM, MAHADEVIKADU P.O, KARTHIKAPPALLY, ALAPPUZHA DIST., PIN - 690516
WP(C) NO. 5330 OF 2023 2
P.O, THODUPUZHA, IDUKKI DIST., PIN - 685685
8 ANILA ROSHAN JOY AGED 40 YEARS W/O ELDHOSE MATHAI, THOKKANAL HOUSE, PANICHAYAM, ASAMANNOOR, NEDUNGAPRA, ERNAKULAM DIST., PIN - 683545 BY ADVS. P.VINODKUMAR PARVATHI VENUGOPAL HARITHA HARIDAS
RESPONDENT/S:
OTHER PRESENT:
SMT.SURYA BINOY, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 5330 OF 2023
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P.V.KUNHIKRISHNAN, J
W.P.(C) No. 5330 of 2023
Dated this the 22nd day of February, 2023
JUDGMENT
The above writ petition is filed with following prayers :
“a. Issue a Writ of Mandamus or any other writ or order commanding the respondents to conduct the staff fixation, report the vacancies and make permanent appointments to the post of HSA(English) (HST Category No.254/2021), in compliance with the judgment in WP© 23159/2018, within a time frame enabling this petitioners to seek for appointment to the post that may arise then.
b. To issue a Writ of Mandamus or any other writ or order commanding the respondents to consider and pass orders on Ext P3 at the earliest.
c. pass such other orders as this Hon’ble Court may deem fit and proper adjudication of the above case.” [SIC]
be appointed to the post of HSA (English) as prescribed under
the Kerala Education Rules and have been shortlisted in
WP(C) NO. 5330 OF 2023 4
various districts to be appointed to the posts that are to be sanctioned based on the periods allocated to English language and vacancies that are to be arose pursuant to it in the Government and Aided schools. The writ petition is mainly filed with a prayer to issue direction to respondents to conduct the staff fixation and report the vacancies and make permanent appointment to the post of HSA (English) in compliance with the directions of the judgment in W.P.(C.) No. 23159/2018. Narrating the above grievance, the petitioners submitted Ext.P3 representation. The counsel for the petitioners submitted that there may be a direction to consider Ext.P3 within a time frame.
Therefore, this writ petition is disposed of with the following directions :
WP(C) NO. 5330 OF 2023 5
appropriate orders in Ext.P3 as expeditiously as possible, at any rate, within four months from the date of receipt
of a copy of this judgment.
Sd/-
P.V.KUNHIKRISHNAN JUDGE
SKS
WP(C) NO. 5330 OF 2023
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APPENDIX OF WP(C) 5330/2023
PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE JUDGEMENT IN W.P(C) NO.23159 OF 2018 DATED 10-8-2021 Exhibit P2 TRUE COPY OF THE ORDER IN THE C.O.C NO. 753/ 2022 DATED 21/11/2022 Exhibit P3 TRUE COPY OF THE REPRESENTATION MADE TO THE RESPONDENTS DATED 05.01.2023 I
1 issue framed by the court
Whether the 1st respondent-Department of General Education should consider and pass orders on the representation made by the petitioners regarding staff fixation and permanent appointment to the post
Colour shows how this judgement treated each authority
W.P.(C.) No. 23159/2018Referred¶33
Ciby Thomas Oommen
Soumya E.V
Chaithanya Chakrapani
Gana K.K
Soumya P.T
Sudina Mohan
P.V. Kunhikrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
