Disposed

Saritha K v. the District Educational Officer

Kerala HC5 Apr 2023WP(C)/576/2023

Case brief

AI extract

What is this about?

Single judge disposed of a writ petition challenging rejection of petitioner's teacher appointment. Court set aside the rejection and directed respondents to consider approval of appointment and a death vacancy per a specific Division Bench judgment.

What did the court decide?

Exhibit P7 set aside; 7th respondent to resubmit appointment proposal within 2 weeks; 1st respondent to decide within 1 month considering W.A. No. 1445/2022.

Saritha K Vs the District Educational Officer — 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 5^TH DAY OF APRIL 2023 / 15TH CHAITHRA, 1945

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WP(C) NO. 576 OF 2023

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PETITIONER/S:

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SARITHA K AGED 36 YEARS W/O. RAMIL, AGED 36, SAROVARAM, KANNOTHUMCHAL, CHOVVA, KANNUR, PIN - 670006

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BY ADVS. ABDUL RAOOF PALLIPATH K.R.AVINASH (KUNNATH) M.K.SUMOD E.MOHAMMED SHAFI

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RESPONDENT/S:

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1 THE DISTRICT EDUCATIONAL OFFICER DISTRICT EDUCATION OFFICE, THALIPARAMBA THALIPARAMBA.P.O, KANNUR, PIN - 670141

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2 THE REGIONAL DEPUTY DIRECTOR OF EDUCATION HIGHER SECONDARY EDUCATION, REGIONAL OFFICE, KANNUR, PIN - 670001

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3 THE DEPUTY DIRECTOR OF EDUCATION HIGHER SECONDARY EDUCATION, PUZHATHI HOUSING COLONY, P.O, PUZHATHI, KANNUR, PIN - 670005

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4 THE ADDITIONAL DIRECTOR OF GENERAL EDUCATION OFFICE OF THE ADDITIONAL DIRECTOR OF GENERAL OF EDUCATION JAGATHY.P.O, TRIVANDRUM, PIN - 695014

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5 THE DIRECTOR OF GENERAL EDUCATION OFFICE OF THE DIRECTOR GENERAL OF EDUCATION JAGATHY.P.O, TRIVANDRUM, PIN - 695014

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6 THE ASSISTANT EDUCATIONAL OFFICER

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THALIPARAMBA NORTH, P.O, THALIPARAMBA, KANNUR, PIN -

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W.P.(C) No.576 of 2023

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670141

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7 THE MANAGER KAMBIL MOPLA HIGHER SECONDARY SCHOOL CHIRAKKAL KATTAMPALLY,ROAD, MAYYIL, KOLACHERY.P.O, KANNUR, PIN - 670601

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8 THE STATE OF KERALA REPRESENTED BY SECRETARY TO GENERAL EDUCATION, GOVT SECRETARIAT, TRIVANDRUM, PIN - 695001

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BY ADV GOVERNMENT PLEADER

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OTHER PRESENT:

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SMT.SURYA BINOY, SR.GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

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05.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No.576 of 2023

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P.V.KUNHIKRISHNAN, J

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W.P.(C) No.576 of 2023

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Dated this the 5^th day of April, 2023

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JUDGMENT

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The above writ petition is filed with following prayers :

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“(i) declare that Exhibit P7 issued by the 1st respondent rejecting the petitioner's appointment is illegal. (ii) declare that the petitioner is entitled to be appointed as HST English in the school under the management of 7th respondent w.e.f 6.06.2019 and get all the consequential benefits.

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In the alternative to

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(iii) Issue writ of mandamus or any other writs or order directing the 7th respondent to forward fresh proposal for approval of appointment of petitioner to the 6th respondent after complying the reservation policy of PWD candidates within specified time and consequently process the same by the 6th respondent in accordance with law.

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(iv) Dispense with filing the translation of vernacular documents.

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(v) grant such other order that this Honorable court may deem fit and proper in the facts and circumstances of this

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W.P.(C) No.576 of 2023

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case.” [SIC]

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The petitioner was appointed as HST English w.e.f 06.06.2019 in the vacancy post arose on account of promotion of the then HST English, Smt. Susha Kumari in the school under the management of the 7^th respondent. It is the case of the petitioner that there was delay in finalising the approval of the promotee, Susha Kumari. In the absence of the approval of promotion, the appointment of the petitioner was not approved stating that there exists no vacancy on 06.06.2019 to absorb the petitioner. Ultimately, the promotee's appointment was approved by the Department. Thereafter, the District Educational Officer issued order directing the Asst. Educational Officer to approve the appointment of the petitioner in the vacancy of promotee, if it is otherwise in order as per KER. However, while AEO was about to comply the same and approve the appointment of the petitioner, based on Ext.P5 Government Order, the appointment was again rejected in the light of GO (MS) No. 111/22 dated 25.06.22 and GO(MS)

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W.P.(C) No.576 of 2023

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No. 162/22 dated 19.09.22. Aggrieved by the same, this writ petition is filed.

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

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Today, when the matter came up for consideration, the learned counsel for the petitioner submitted that W.P.(C.) No. 19808/2021 is already disposed and thereafter, the appeal filed against that judgment was also disposed by a Division Bench of this Court in W.A. No. 1445/2022. In the light of that directions of the Division Bench, the appointment of the petitioner may be approved is the submission.

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After hearing both sides, I think there can be a direction to the 1^st respondent to consider the approval of the appointment of the petitioner in the light of the directions in W.A. No. 1445/2022. The counsel for the petitioner also submitted that there is a death vacancy of one Smt. V.T.Sreelekha also there in the school. That also can be considered by the 1^st respondent.

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Therefore, this writ petition is disposed of with the

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W.P.(C) No.576 of 2023

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following directions:

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1. Ext.P7 is set aside.

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1. The 7^th respondent is directed to resubmit the proposal for approval of the appointment of the petitioner within two weeks from the date of receipt of a stamped certified copy of this judgment to the 1^st respondent.

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1. Once the 1^st respondent received the proposal for approving the appointment of the petitioner, the 1^st respondent will consider the same and pass appropriate orders in it, in the light of the observation in the judgment dated 13.03.2023 in W.A. No. 1445/2022 as expeditiously as possible, at any rate, within one month from the date of receipt of the proposal from the 7^th respondent.

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1. The petitioner will produce a stamped certified copy of this judgment along with a copy of this writ petition before the 7^th respondent for compliance.

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Sd/-

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P.V.KUNHIKRISHNAN JUDGE

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SKS

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W.P.(C) No.576 of 2023

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APPENDIX OF WP(C) 576/2023

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PETITION	ER EXHIB	ITS
ExhibitP	1	THE TRUE COPY OF THE APPEAL DATED 17.9.2020 SUBMITTED BY 7TH RESPONDENT BEFORE THE 3RD RESPONDENT
Exhibit	P2	THE TRUE COPY OF APPEAL PETITION SUBMITTED BY 7TH RESPONDENT BEFORE 3RD RESPONDENT
Exhibit	P3	TRUE COPY OF ORDER IN APPEAL VIDE NO: EM 4/231723/2020 DATED 28.6.2022 BY 4TH RESPONDENT
Exhibit	P4	TRUE COPY OF THE ORDER NO. A6/8809/2019 DATED 6.12.2021 ISSUED BY THE REGIONAL DEPUTY DIRECTOR, KANNUR
Exhibit	P5	THE TRUE COPY OF G.O. NO: 111/2022/GEDN DATED 25.6.2022 ISSUED BY THE PRINCIPAL SECRETARY
Exhibit	P6	TRUE COPY OF JUDGMENT DATED 10.8.2022 IN WP (C) 19808/2021 OF THIS HON'BLE COURT
Exhibit	P7	TRUE COPY OF THE ORDER NO: B3/109696 DATED 15.10.2022 OF THE 1ST RESPONDENT REJECTING THE PETITIONER'S APPOINTMENT
Exhibit	P8	TRUE COPY OF ORDER NO: J3/49/2021 DATED 28.10.2022 ISSUED BY THE 8TH RESPONDENT
Exhibit	P9	TRUE COPY OF THE CIRCULAR NO: H2/ 295299/2021/ DGO DATED 23.11.2022 ISSUED BY 5TH RESPONDENT
Exhibit	P10	TRUE COPY OF JUDGMENT DATED 23.12.2022 IN WA 1825/2022 OF THIS HON'BLE COURT

Saritha K v. the District Educational Officer

Case brief

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Saritha K v. the District Educational Officer

Case brief

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