Disposed

Liji Jose.P v. State of Kerala

Kerala HC14 Jun 2023WP(C)/5375/2020

Case brief

AI extract

What is this about?

The High Court disposed of two connected writ petitions regarding appointment approvals for a High School Assistant. It allowed the petitioner to submit a representation to the Government to raise surviving grievances after hearing, deferred consequential steps based on the impugned order, and directed the Government to decide within four months.

What did the court decide?

Petitioner allowed to submit representation; Government directed to decide within four months; Consequential steps based on Ext.P13 deferred.

Liji Jose.P 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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WEDNESDAY, THE 14^TH DAY OF JUNE 2023 / 24TH JYAISHTA, 1945

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WP(C) NO. 18361 OF 2023

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PETITIONER:

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LIJI JOSE P AGED 43 YEARS H.S.A. (MALAYALAM) THIRUVALAYANNUR HIGHER SECONDARY SCHOOL, KALLUR P.O., VADAKKEKAD, THRISSUR DISTRICT, PIN - 679562 BY ADVS. GEORGE ABRAHAM JOBY D JOSEPH MARY CATHERINE PRIYANKA P.S.

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RESPONDENTS:

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

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2 DIRECTOR OF GENERAL EDUCATION JAGATHY, THIRUVANANTHAPURAM, PIN - 695014

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3 DEPUTY DIRECTOR OF EDUCATION THRISSUR, PIN - 680001

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4 DISTRICT EDUCATIONAL OFFICER CHAVAKKAD, THRISSUR DISTRICT, PIN - 680506

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5 MANAGER THIRUVALAYANNUR HIGHER SECONDARY SCHOOL, KALLUR P.O., VADAKKEKAD, THRISSUR DISTRICT, PIN - 679562

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6 SHERY V.C H.S.A. (MALAYALAM), THIRUVALAYANNUR HIGHER SECONDARY SCHOOL, KALLUR P.O., VADAKKEKAD, THRISSUR DISTRICT, PIN - 679562

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.06.2023, ALONG WITH WP(C).5375/2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C)Nos. 18361 of 2023 and 5375 of 2020

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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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WEDNESDAY, THE 14^TH DAY OF JUNE 2023 / 24TH JYAISHTA, 1945

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WP(C) NO. 5375 OF 2020

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PETITIONER:

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LIJI JOSE.P HSA (MALAYALAM), THIRUVALAYANNUR HIGHER SECONDARY SCHOOL, KALLUR P.O. VADAKKEKAD, THRISSUR DISTRICT - 679 562.

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BY ADVS. GEORGE ABRAHAM SRI.JOSEPH GOPURAN

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RESPONDENTS:

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1 STATE OF KERALA

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REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

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2 DIRECTOR OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM - 695 014.

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3 DEPUTY DIRECTOR OF EDUCATION, THRISSUR - 680 001.

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4 DISTRICT EDUCATIONAL OFFICER, CHAVAKKAD, THRISSUR DISTRICT - 680 506.

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5 MANAGER,

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THIRUVALAYANNUR HIGHER SECONDARY SCHOOL,

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KALLUR P.O. VADAKKEKAD,

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W.P.(C)Nos. 18361 of 2023 and 5375 of 2020

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THRISSUR DISTRICT 679 562. 6 SHERY V.C., W/O. SANOJ BHASKER, MARAKKATH HOUSE, VENKITANGU, TRICHUR - 680 510. BY ADVS. SMT.NISHA BOSE, SENIOR GOVERNMENT PLEADER MANAGER,(PARTY-IN-PERSON) SRI.U.BALAGANGADHARAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR

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ADMISSION ON 14.06.2023, ALONG WITH WP(C).18361/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C)Nos. 18361 of 2023 and 5375 of 2020

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P.V.KUNHIKRISHNAN, J.

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

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W.P.(C)Nos. 18361 of 2023 and 5375 of 2020

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Dated this the 14^th day of June, 2023

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JUDGMENT

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These two writ petitions are connected and therefore, I am disposing of these two writ petitions by a common judgment. I will narrate the facts in W.P.(C) No.5375/2020 first:

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Petitioner was appointed as High School Assistant (Malayalam) in the 5^th respondent school initially on a temporary vacancy for two months, is the submission. The said appointment was approved by the department. Thereafter, she was appointed in a regular vacancy consequent to the retirement of one Smt. Ambika Antharjanam. The said approval was also initially not approved by the Government.

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W.P.(C)Nos. 18361 of 2023 and 5375 of 2020

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It is submitted that, after several rounds of litigation, the Government issued Ext.P9 order approving the appointment of the petitioner from the academic year 2008-09 onwards and the 6^th respondent's appointment was approved from 2007-08 onwards.

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It is submitted that the petitioner's appointment was made first in a permanent vacancy and the Manager thereafter shifted her to the leave vacancy. This aspect was brought to the notice of the respondents, is the submission. Moreover, the controlling officer in Ext.P10 order has stated this facts, is the further submission. The petitioner is aggrieved because this aspect is not considered in Ext.P9. Hence this writ petition is filed with the following prayers;

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“(i) To issue a Writ of certiorari or any other appropriate writ, order or direction to quash Ext.P9 order to the extent it declines approval of appointment of the petitioner as H.S.A. with effect

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W.P.(C)Nos. 18361 of 2023 and 5375 of 2020

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from 04.06.2007 onwards.

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(ii) To declare that the 6 th respondent is not entitled to get approval from the academic year 2007-08 as ordered in Ext.P9.

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(iii) To issue a Writ of Mandamus; or any other appropriate writ, order or direction, directing the respondents to approve the appointment of the petitioner as H.S.A. (Malayalam) with effect from 04.06.2007 onwards and grant all consequential benefits.

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(iv) To grant such other and further reliefs as this Hon'ble Court may consider just and proper in the facts and circumstances of the case.”[SIC]

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4. W.P.(C)No.18361/2023 is also filed by the

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petitioner in W.P.(C)No.5375/2020. The above writ

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petition is filed with the following prayers:

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“(i) to issue a writ of certiorari or any other appropriate writ, order or direction to quash Ext.P13 government order issued by the 1 st respondent.

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(ii) to issue a writ of mandamus; or any other appropriate writ, order or direction, directing the District Educational Officer not to regularisie the service break as claimed by the 6 th

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W.P.(C)Nos. 18361 of 2023 and 5375 of 2020

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respondent for the period from 15.07.2009 to 31.05.2015.

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(iii) Petitioner also prays that this Hon'ble Court may be pleased to dispense with the translation of the documents produced in the vernacular language.

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(iv) to grant such other and further reliefs as this Hon'ble Court may consider just and proper in the facts and circumstances of the case.”[SIC]

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The main grievance of the petitioner in this

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case is that, pending W.P.(C)No.5375/2020, the 6^th respondent obtained Ext.P13 order regularizing the entire period. According to the petitioner, the same is passed without giving an opportunity of hearing to the petitioner.

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Heard the learned counsel appearing for the petitioner and the 6^th respondent. I also heard the learned Government Pleader.

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A detailed counter affidavit is filed by the

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W.P.(C)Nos. 18361 of 2023 and 5375 of 2020

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6^th respondent in W.P.(C)No.5375/2020. After hearing

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both sides, it is clear that the petitioner in these writ petitions is mainly aggrieved by Ext.P13 in W.P. (C)No.18361/2023 and Ext.P9 in W.P.

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(C)No.5375/2020. One of the grievance of the petitioner in W.P.(C)No.5375/2020 is that the petitioner's approval with effect from 04.06.2007 is not considered by the Government in Ext.P9. In W.P. (C)No.18361/2023, the grievance of the petitioner is that, Ext.P13 order was passed while W.P.(C)No. 5375/2020 was pending and without hearing the petitioner.

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In such circumstances, I am of the considered opinion that, the petitioner can be allowed to submit a representation before the Government narrating his surviving grievance within a time frame. There can be a direction to the Government to consider the same within a time

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W.P.(C)Nos. 18361 of 2023 and 5375 of 2020

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frame after giving an opportunity of hearing to the petitioner and the 6^th respondent. Till then, consequential steps based on Ext.P13 in W.P. (C)No.18361/2023 can be deferred.

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Therefore, these writ petitions are disposed of in the following manner:

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i. The petitioner is free to submit a representation narrating the grievances raised in these writ petitions before the 1^st respondent, within a period of two weeks from the date of receipt of a certified copy of this judgment.

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ii. Once, such a representation is received, the 1^st respondent will consider the same and pass appropriate orders in it, after giving an opportunity of hearing to the petitioner, 6^th respondent and the Manager, as expeditiously as possible, at any rate, within a period of four months from the date of receipt of the

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W.P.(C)Nos. 18361 of 2023 and 5375 of 2020

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representation.

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iii. Till then, no consequential steps based on Ext.P13 in W.P.(C)No.18361/2023 shall be

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taken by the Educational authorities.

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Sd/- P.V.KUNHIKRISHNAN JUDGE

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W.P.(C)Nos. 18361 of 2023 and 5375 of 2020

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APPENDIX OF WP(C) 5375/2020

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PETITIONER EXHIBITS

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EXHIBIT P1	TRUE COPY OF THE APPOINTMENT	ODER
	DATED 25.09.2006 ISSUED BY MANAGER.	THE
EXHIBIT P2	TRUE COPY OF THE APPOINTMENT ISSUED BY THE MANAGER.	ORDER
EXHIBIT P3	TRUE COPY OF THE ARGUMENT	NOTE
	SUBMITTED BY THE THEN M BEFORE THE 1ST RESPONDENT.	ANAGER
EXHIBIT P4	TRUE COPY OF THE GOVERNMENT	ORDER
	GO (RT) NO. 1038/2010/G.EDN 09.03.2010.	DATED
EXHIBIT P5	TRUE COPY OF THE REQUEST SUB BY THE MANAGER BEFORE THE DI	MITTED STRICT
	EDUCATIONAL OFFICER, 12.12.2011.	DATED
EXHIBIT P6	TRUE COPY OF THE ORDER ISSU THE DEPUTY SECRETARY TO GOVERN	ED BY MENT.
EXHIBIT P7	TRUE COPY OF THE ORDER GO (R 4217/2007/G.EDN. DATED 15.09.2	T) NO. 007.
EXHIBIT P8	TRUE COPY OF THE GOVERNMENT	ORDER
	GO (RT) NO. 5630/2012/G.EDN. 27.11.2012.	DATED
EXHIBIT P9	TRUE COPY OF THE GOVERNMENT GO (RT) NO. 1104/2019/G.EDN. 21.03.2019.	ORDER DATED
EXHIBIT P10	TRUE COPY OF THE REPORT FIL THE DISTRICT EDUCATIONAL OF DATED 11.05.2015.	ED BY FICER,

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W.P.(C)Nos. 18361 of 2023 and 5375 of 2020

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EXHIBIT P11 TRUE COPY OF THE ORDER PASSED BY THE DISTRICT EDUCATIONAL OFFICER DATED 17.08.2019.

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W.P.(C)Nos. 18361 of 2023 and 5375 of 2020

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APPENDIX OF WP(C) 18361/2023

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PETITIONER EXHIBITS

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EXHIBIT P1	A COPY OF THE APPOINTMEN	T ORDER
	DATED 25.09.2006 ISSUED MANAGER	BY THE
EXHIBIT P2	A COPY OF THE APPOINTMEN	T ORDER
	DATED 14-6-2007 ISSUED MANAGER	BY THE
EXHIBIT P3	. A COPY OF THE ARGUME	NT NOTE
	SUBMITTED BY THE THEN	MANAGER
	BEFORE THE 1ST RESPONDEN 19.8.2009	T DATED
EXHIBIT P4	A COPY OF THE GOVERNMENT GO(RT)NO.1038/2010/G.EDN. 09.03.2010	ORDER, DATED
EXHIBIT P5	A COPY OF THE REQUEST SUBM	ITTED BY
	THE MANAGER BEFORE THE	DISTRICT
	EDUCATIONAL OFFICER 12.12.2011	DATED
EXHIBIT P6	A COPY OF THE	ORDER
	NO.B1/4772/02/L.DIS	DATED
	18.09.2002 ISSUED BY THE SECRETARY TO GOVERNMENT	DEPUTY
EXHIBIT P7	A COPY OF THE GO(RT)NO.42 G. EDN. DATED 15.09.2007	17/2007/
EXHIBIT P8	A COPY OF THE GOVERNMENT	ORDER,
	GO(RT)NO.5630/ 2012/G. EDN 27.11.2012	. DATED
EXHIBIT P9	A COPY OF THE GOVERNMENT	ORDER,
	GO(RT) NO.1104/2019/G.EDN. 21.03.2019	DATED

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W.P.(C)Nos. 18361 of 2023 and 5375 of 2020

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EXHIBIT P10 A COPY OF THE REPORT NO.B5-4886/13 FILED BY THE DISTRICT EDUCATIONAL OFFICER DATED 11.05.2015

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EXHIBIT P11 A COPY OF THE ORDER NO. B5/4856/2019/THA.THI. DATED 17.08.2019 PASSED BY THE DISTRICT EDUCATIONAL OFFICER EXHIBIT P12 A COPY OF THE JUDGMENT IN W.P. (C)NO. 37058/2022 DATED 18.11.2022 EXHIBIT P13 A COPY OF THE G.O(RT) NO.2314/2023/GEDN DATED 03.04.2023

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RESPONDENTS EXHIBITS : NIL

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//TRUE COPY// PA TO JUDGE

Liji Jose.P v. State of Kerala

Case brief

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Liji Jose.P v. State of Kerala

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