High Court of KeralaWP(C)/5082/2015disposed of

Bindhu K. John v. State Of Kerala

2015-11-27Honourable Mr.Justice K.Vinod Chandran4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN FRIDAY, THE 27TH DAY OF NOVEMBER 2015/6TH AGRAHAYANA, 1937 WP(C).No. 5082 of 2015 (I) --------------------------- PETITIONER:

------------------- BINDHU K. JOHN, AGED 37 YEARS D/O.V.G.JOHN, NOW WORKING AS HSST (JR) ENGLISH ST.MARY'S HSS, KIZHAKEKARA P.O., KOTTARAKARA KOLLAM DISTRICT. RESIDING AT SEENASADAN VELLAPARA P.O., KONNI, PATHANAMTHITTA DISTRICT BY ADV. SRI.PAULSON THOMAS RESPONDENTS:

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

2. DIRECTOR OF HIGHER SECONDARY EDUCATION HOUSING BOARD BUILDING THIRUVANANTHAPURAM. PIN - 695001.

3. REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION TRIVANDRUM - 695001.

4. CORPORATE MANAGER, MSC SCHOOLS PATTAM, ST.MARY'S COMPOUNT, TRIVANDRUM - 695004. R1 BY GOVERNMENT PLEADER SMT. M.J.RAJASREE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 5082 of 2015 (I) APPENDIX PETITIONER'S EXHIBITS ----------------------------------- P1- TRUE COPY OF G.O(MS) NO. 167/2011/GEN. EDN. DATED 3.8.2011 P2- TRUE COPY OF TRANSLATION OF THE MALAYALAM PORTION OF EXT P1 P3- TRUE COPY OF G.O(MS) NO.18/91/GEN.EDN. DATED 1.2.1991 P4- TRUE COPY OF G.O(MS) NO. 398/2002/GEN. EDN. DATED 29.11.2002 P5-TRUE COPY OF CIRCULAR NO.ADB 1-7225/00/HSE DATED 30.05.2000 ISSUED BY THE DIRECTOR P6- TRUE COPY OF THE G.O(MS) NO.338/2003/GEN.EDN. DATED 16.12.2003 P7-TRUE COPY OF ORDER IN WP(C) 37392/2009 DATED 11.2.2010 P8- TRUE COPY OF PROCEEDINGS OF THE MANAGER DATED 16.07.2012 P9- TRUE COPY OF PROCEEDINGS OF THE MANAGER DATED 17.06.2013 P10- TRUE COPY OF STAFF M.A.ENGLISH DEGREE CERTIFICATE AWARDED BY ANNAMALAI UNIVERSITY DATE 05.02.2008 P11- TRUE COPY OF M.A.

ENGLISH DEGREE CERTIFICATE ENQUIVALENCY/ELIGIBLILITY CERTIFICATE AWARDED BY UNIVERSITY OF KERALA DATED 29.05.2007 P12- TRUE COPY OF B.ED ENGLISH DEGREE CERTIFICATE ISSUED BY THE UNIVERSITY OFKERALA DATED 07.12.1999 P13- TRUE COPY OF THE SET ENGLISH CERTIFICATE DATED 31.10.2008 P14- TRUE COPY OF G.O(MS) NO.211/2013/GEN.EDN. DATED 15.7.2013 P15- TRUE COPY OF G.O(MS) NO. 26/2014/GEN.EDN. DATED 1.2.2014 P16- TRUE COPY OF G.O(MS) NO.121/2014/GEN./EDN. DATED 3.7.2014 P17-TRUE COPY OF THE RELEVANT PORTION OF ANOMALY REPORT NO. ACD -C323785/2013/HSE DATED 11.10.2013 MADE BY 2ND RESPONDENT TO THE GOVERNMENT P18- TRUE COPY OF THE PROCEEDINGS UNDER THE RTI ACT DATED 05.09.2014 P19- TRUE ENGLISH TRANSLATION OF EXT P18 RESPONDENT(S)' EXHIBITS ---------------------------------------- NIL // TRUE COPY // P.A.

K. VINOD CHANDRAN, J.

--------------------------------------- W.P(C). No.5082 of 2015-I --------------------------------------- Dated this the 27th day of November, 2015.

JUDGMENT

The petitioner in the above case was appointed as an HSST (Junior) English in the 4th respondent School with effect from 16.07.2012. The petitioner was appointed by transfer, from the post of HSA (English), of the same School. The Government brought out Ext.P14 order bearing No.G.O.(MS) No.211/2013/Gen.Edn. dated 15.07.2013, wherein certain posts in various Schools were sanctioned as per the earlier sanction of courses. The petitioner's School, along with other Schools, is said to have been granted certain additional batches by Ext.P1 order dated 03.08.2011. However, the petitioner's School was left out in Ext.P14 and no posts were sanctioned.

2. Such anomalies were brought to the notice of the Government by the Director of Higher Secondary Education, which resulted in Ext.P20 order being passed. In Ext.P20 at Sl.

W.P(C). No.5082 of 2015-I No.32, the petitioner's School is seen to have been sanctioned one post of English, to which obviously the petitioner's claim survives. A reading of Ext.P20 would indicate that the creation of post is also effective from 15.07.2013.

In such circumstance, the petitioner's appointment would have to be approved at least from 15.07.2013. As of now, the petitioner's approval from 16.07.2012 is not pressed and the same is left open to be urged before the appropriate authority. However, as to the petitioner's regularisation from 15.07.2013, the 3rd respondent shall consider the same for approval, verifying the sanction as per Ext.P1 and the creation of posts as per Ext.P20 with effect from 15.07.2013. The consideration shall be made within a period of two months from the date of receipt of the certified copy of this judgment and the salary shall be disbursed within three months from the date of approval. The writ petition is disposed of.

Sd/- K. VINOD CHANDRAN, JUDGE.

//True Copy// P.A. to Judge.

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