A UPSA teacher sought approval of her appointment from her initial date of joining a resignation vacancy rather than a later date. The court set aside the Assistant Educational Officer's order and directed a fresh decision after hearing the petitioner and the Manager, without expressing any opinion on merits.
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.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
FRIDAY, THE 22ND DAY OF MARCH 2024 / 2ND CHAITHRA, 1946
WP(C) NO. 3386 OF 2014
PETITIONER:
SINDHU.M
UPSA, MUHAMMED ABDURAHIMAN MEMORIAL U.P SCHOOL (MAM U.P SCHOOL, PARAMBILKADAVU) PARAMBIL POST, KOZHIKODE 673 012.
BY ADV SRI.P.C.SASIDHARAN
RESPONDENTS:
BY ADVS. SRI.JIJI THOMAS
OTHER PRESENT:
SRI. DHEERAJ A S (GP) SRI.JIJI THOMAS - R4
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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J U D G M E N T
(Dated this the 22nd day of March, 2024)
The petitioner who is a graduate with B.Ed qualification was appointed as Upper Primary School Assistant (UPSA) in the school managed by the 4th respondent. Ext.P9 proceedings of the Manager indicates that the petitioner was appointed as UPSA in the resignation vacancy of Sri.Afsal K. with effect from 25.07.2012.
WP(C) NO. 3386 OF 2014
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the present, the petitioner will be satisfied if Ext.P10 is set aside and the Assistant Educational Officer, Kunnamangalam is directed to reconsider the matter after affording an opportunity of hearing to the petitioner.
The writ petition will stand disposed of with the aforesaid directions. I make it clear that I have not expressed any opinion on the merits of the claim raised by the petitioner.
Sd/GOPINATH P. JUDGE
rp
WP(C) NO. 3386 OF 2014
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APPENDIX OF WP(C) 3386/2014
PETITIONER EXHIBITS
| EXHIBIT | P1 COPY OF THE APPOINTMENT ORDER ISSUED IN FAVOUR OF THE PETITIONER. |
|---|---|
| EXHIBIT | P2 COPY OF THE ORDER ISSUED BY THE 3RD RESPONDENT DATED 20.09.12. |
| EXHIBIT | P3 COPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT DATED 27.3.13 REJECTING THE APPEAL. |
| EXHIBIT | P4 COPY OF THE ORDER ISSUED BY THE 4TH RESPONDENT DATED 07.12.12. |
| EXHIBIT | P5 COPY OF THE JUDGMNENT IN WPC NO.845/13 DATED 04.06.13. |
| EXHIBIT | P6 COPY OF THE ORDER ISSUED BY THE IST RESPONDENT DATED 17.12.13. |
| EXHIBIT | P7 COPY OF THE REPRESENTATION PREFERRED BEFORE THE 2ND RESPONDENT DATED 13.01.14. |
| EXHIBIT | P8 COPY OF THE APPOINTMENT ORDER ISSUED TO THE PETITIONER DATED 03.06.13. |
| EXHIBIT | P9 TRUE COPY OF THE PROCEEDINGS DATED 25.01.2014 ISSUED BY THE 4TH RESPONDENT. |
| EXHIBIT | P10 TRUE COPY OF THE LETTER OF THE AEO |
2 issues framed by the court
Whether the petitioner's appointment as UPSA should be approved from 25.07.2012 rather than from 03.06.2013.
Whether Ext.P10 order of the Assistant Educational Officer should be set aside and the matter reconsidered with hearing.
Sindhu M
Additional Director of Public Instruction, Thiruvananthapuram
District Educational Officer, Thamarassery, Kozhikode
Assistant Educational Officer, Kunnamangalam
Manager, Muhammed Abdurahiman Memorial U.P School, Parambilkadavu
Gopinath P.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
