Allowed

Bindu John v. State of Kerala

Kerala HC4 Mar 2024WP(C)/17148/2023

Case brief

AI extract

What is this about?

Sewing teacher sought approval of appointment from 2013; reconsideration order ignored student strength, attendance records and comparable approvals. Court quashed the non-speaking order and directed the Deputy Director to reconsider with a hearing and pass a speaking order within two months.

What did the court decide?

Ext.P22 quashed; second respondent directed to reconsider approval claim per G.O.(P)No.29/2016/G.Edn. after hearing, by speaking order within two months.

Bindu John Vs State of Kerala — Service and Employment | Kerala HC (2024)

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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 MOHAMMED NIAS C.P.

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MONDAY, THE 4^TH DAY OF MARCH 2024 / 14TH PHALGUNA, 1945 WP(C) NO. 17148 OF 2023

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PETITIONER:

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BINDU JOHN, AGED 46 YEARS W/O ANTONY, SEWING TEACHER, ST. ANTONY'S HSS, POONJAR, KOTTAYAM - 686 581 NOW ON DEPLOYMENT TO ST. THOMAS HSS, ERUMELI, KOTTAYAM - 686 509, RESIDING AT CHULAYILLA PLACKAL, PALOORKAVU P.O, THEKKEMELA, PERUVANTHANAM, IDUKKI, PIN - 685532

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BY ADVS. P.NANDAKUMAR AMRUTHA SANJEEV VIVEK VIJAYAKUMAR RIYA TOMY

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RESPONDENTS:

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

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2 DEPUTY DIRECTOR OF EDUCATION DEPUTY DIRECTOR OF EDUCATION,PALACE ROAD, KOTTAYAM, PIN - 686001

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3 THE DISTRICT EDUCATIONAL OFFICER THE DISTRICT EDUCATIONAL OFFICER,KANJIRAPPALLY, KOTTAYAM, PIN - 686506

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4 THE CORPORATE MANAGER ST JOSEPH'S CORPORATE EDUCATIONAL AGENCY OF CMI SCHOOLS, CMI PROVINCIAL HOUSE, KOTTAYAM, PIN - 686001

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BY ADVS.

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SRI.PREMCHAND R NAIR, SR.GOVERNMENT PLEADER

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

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04.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) No.17148 of 2023

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MOHAMMED NIAS C.P., J.

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

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WP(C) No.17148 of 2023

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Dated this the 4^th day of March, 2024

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JUDGMENT

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The petitioner was initially appointed as a Sewing Teacher on 1.8.2013 at the school of which the fourth respondent is the corporate manager. The proposal for the appointment was initially rejected on the strength of G.O.(P)No.199/2011/G.Edn. dated 1.10.2011, Ext.P1. Later, the petitioner's appointment was approved by Ext.P3 with effect from 1.8.2013 to 14.7.2014. Thereafter, the petitioner has been continuously working on the strength of Ext.P4 appointment order since 1.6.2017. The petitioner points out that there was enough student strength for the period 20132014, 2014-2015 and 2015-2016, respectively as there were more than 200 female students in the school, which is seen from Exts.P12 to P14. Exts.P15 to P18 will show that the petitioner had initially worked till 20.10.2014. Learned counsel also points out that based on the student's strength the appointments of the other teachers in the school were also approved which is seen from Exts.P5 to P8.

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WP(C) No.17148 of 2023

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The petitioner had earlier approached this Court, which resulted in Ext.P21 judgment dated 19.10.2022 in WP(C)No.19170/2020. This Court found that the reason for the rejection of approval was that the petitioner was not a Rule 51A claimant and further that during the academic year 2017-2018, there was no sanctioned post of Sewing teacher in the school. This Court after referring to the copies of the student's strength details found that there were adequate student’s strength and that the petitioner was not pursuing her claim under 51A of Chapter XIV-A KER. Accordingly, the orders refusing approval of the appointment, Exts.P6 to P9 were quashed. There was a direction given to the DDE to reconsider the matter in the light of Exts.P12 to P14 after giving an opportunity for a hearing.

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Pursuant to the directions in Ext.P21, the impugned order Ext.P22 dated 9.1.2023 is passed, which considered the claim under Rule 51A, which the petitioner had given up in the earlier round as revealed from Ext.P21 judgment. There is no reference to either the student's strength or the attendance details of the petitioner and also the fact that the appointment of the other teachers in the same school was approved. Ext.P22 clearly shows a lack of application of mind besides not referring to the documents for holding that there was no adequate student strength. Ext.P22 is clearly against the directions given in Ext.P21 judgment.

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WP(C) No.17148 of 2023

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For these reasons, Ext.P22 cannot be sustained and is accordingly quashed. There will be a direction to the second respondent to re-consider the claim of the petitioner for continuous approval of her appointment as a Sewing teacher with effect from 1.8.2013 in accordance with the G.O.(P)No.29/2016/G.Edn. dated 29.01.2016 (Ext.P2), specifically taking note of Exts.P15 to P18 attendance details, Ext.P12 to P14 details of student’s strength and Exts.P5 to P8 approvals granted to the other teachers of the same educational agency. The petitioner shall also be given a reasonable opportunity of hearing. A speaking order will be passed by the second respondent on the contentions of the petitioner and on the basis of the observations made above within two months from today.

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The writ petition is allowed as above.

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Sd/-

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MOHAMMED NIAS C.P.

JUDGE

dlk/5.3.2024

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WP(C) No.17148 of 2023

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APPENDIX OF WP(C) 17148/2023

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PETITIONER'S EXHIBITS

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EXHIBITP1	TRUE COPY OF ORDER THE 3RD RESPONDENT	DATED 30.10.2014 ISSUED BY
EXHIBITP2	TRUE COPY OF G.O(P 29.01.2016 ISSUED BY	) NO. 29/2016/G.EDN DATED THE GOVERNMENT
EXHIBITP3	TRUE COPY OF APPROV THE PETITIONER DATE 4TH RESPONDENT	ED ORDER OF APPOINTMENT OF D 28.10.2016 ISSUED BY THE
EXHIBITP4	TRUE COPY OF ORDER THE 4TH RESPONDENT	DATED 01.06.2017 ISSUED BY
EXHIBITP5	TRUE COPY OF ORDER THE 3RD RESPONDENT	DATED 20.09.2017 ISSUED BY
EXHIBITP6	TRUE COPY OF APPOINT VARGHESE DATED 01.0 RESPONDENT	MENT ORDER OF SMT. JIMCYMOL 8.2012 APPROVED BY THE 3RD
EXHIBITP7	TRUE COPY OF ORDER THE 2ND RESPONDENT	DATED 29.07.2019 ISSUED BY
EXHIBITP8	TRUE COPY OF ORDER THE 2ND RESPONDENT	DATED 15.03.2018 ISSUED BY
EXHIBITP9	TRUE COPY OF ORDER THE DIRECTOR OF PUBL	DATED 19.04.2018 ISSUED BY IC INSTRUCTIONS
EXHIBITP10	TRUE COPY OF ORDER THE GOVERNMENT	DATED 31.08.2018 ISSUED BY
EXHIBITP11	TRUE COPY OF ORDER THE 1ST RESPONDENT	DATED 18.03.2020 ISSUED BY
EXHIBITP12	TRUE COPY OF THE ST	UDENTS STRENGTH DETAILS AS

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WP(C) No.17148 of 2023

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	ON THE 6TH WORKING DAY FOR THE YEAR 2013 - 2014 OF ST. ANTONY'S HIGHER SECONDARY SCHOOL
EXHIBITP13	TRUE COPY OF THE STUDENTS STRENGTH DETAILS AS ON THE 6TH WORKING DAY FOR THE YEAR 2014 - 2015 OF ST. ANTONY'S HIGHER SECONDARY SCHOOL
EXHIBITP14	TRUE COPY OF THE STUDENTS STRENGTH DETAILS AS ON THE 6TH WORKING DAY FOR THE YEAR 2015 - 2016 OF ST. ANTONY'S HIGHER SECONDARY SCHOOL, POONJAR
EXHIBITP15	TRUE COPY OF ATTENDANCE REGISTER FOR THE MONTH OF JULY 2014 OF ST. ANTONY'S HIGHER SECONDARY SCHOOL
EXHIBITP16	TRUE COPY OF ATTENDANCE REGISTER FOR THE MONTH OF AUGUST 2014 OF ST. ANTONY'S HIGHER SECONDARY SCHOOL
EXHIBITP17	TRUE COPY OF ATTENDANCE REGISTER FOR THE MONTH OF SEPTEMBER 2014 OF ST. ANTONY'S HIGHER SECONDARY SCHOOL
EXHIBITP18	TRUE COPY OF ATTENDANCE REGISTER FOR THE MONTH OF OCTOBER 2014 OF ST. ANTONY'S HIGHER SECONDARY SCHOOL
EXHIBITP19	TRUE COPY OF GO(P)NO. 8/2022/GEDN DATED 14.07.2022 ISSUED BY THE GOVERNMENT
EXHIBITP20	TRUE COPY OF ORDER DATED 08.08.2022 ISSUED BY THE 2ND RESPONDENT
EXHIBITP21	TRUE COPY OF JUDGMENT DATED 19.10.2022 IN WP(C)NO.19170 OF 2020
EXHIBITP22	TRUE COPY OF ORDER DATED 09.01.2023 ISSUED BY THE 2ND RESPONDENT

Bindu John v. State of Kerala

Case brief

What is this about?

What did the court decide?

Bindu John v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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