High Court of KeralaWP(C)/28639/2014disposed of

C.V George v. State Of Kerala

2015-03-10Honourable Mr. Justice A.Muhamed Mustaque9 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 10TH DAY OF MARCH 2015/19TH PHALGUNA, 1936 WP(C).No. 28639 of 2014 (D) ---------------------------- PETITIONER(S):

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1. C.V GEORGE, HIGHER SECONDARY SCHOOL TEACHER (POLITICS) NATIONAL HIGHER SECONDARY SCHOOL, KOLATHUR P.O. MALAPPURAM DISTRICT.

2. C.V.MURALI, HIGHER SECONDARY SCHOOL TEACHER (MATHEMATICS) NATIONAL HIGHER SECONDARY SCHOOL, KOLATHUR P.O. MALAPPURAM DISTRICT.

3. SUDHEER AHAMMAD K.

HIGHER SECONDARY SCHOOL TEACHER (CHEMISTRY) NATIONAL HIGHER SECONDARY SCHOOL, KOLATHUR P.O. MALAPPURAM DISTRICT.

4. SOWMYA M.K.

HIGHER SECONDARY SCHOOL TEACHER (PHYSICS) S.M.HIGHER SECONDARY SCHOOL AYLOOR, PALAKKAD DISTRICT.

5. RAJASREE K.

HIGHER SECONDARY SCHOOL TEACHER (MALAYALAM)S.M.HIGHER SECONDARY SCHOOL AYLOOR, PALAKKAD DISTRICT.

6. RESSY ELILZABETH THOMAS HIGHER SECONDARY SCHOOL TEACHER (ENGLISH)S.M.HIGHER SECONDARY SCHOOL AYLOOR, PALAKKAD DISTRICT.

7. P.BIJOSH KUMAR HIGHER SECONDARY SCHOOL TEACHER (MALAYALAM)R.P.M.HIGHER SECONDARY SCHOOL PANANGATTIRI P.O., KOLLENGODE, PALAKKAD DISTRICT.

8. N.UNNIKRISHNA PILLAI HIGHER SECONDARY SCHOOL TEACHER (ECONOMICS)R.P.M.HIGHER SECONDARY SCHOOL PANANGATTIRI P.O., KOLLENGODE, PALAKKAD DISTRICT.

9. VRINDA V.

HIGHER SECONDARY SCHOOL TEACHER (MATHEMATICS)R.P.M.HIGHER SECONDARY SCHOOL PANANGATTIRI P.O., KOLLENGODE, PALAKKAD DISTRICT.

10. PREETHA P.K.

HIGHER SECONDARY SCHOOL TEACHER (PHYSICS)R.P.M.HIGHER SECONDARY SCHOOL PANANGATTIRI P.O., KOLLENGODE, PALAKKAD DISTRICT.

11. REJITHA T.G.

HIGHER SECONDARY SCHOOL TEACHER (CHEMISTRY)R.P.M.HIGHER SECONDARY SCHOOL PANANGATTIRI P.O., KOLLENGODE, PALAKKAD DISTRICT

12. KUTTAPPA P.V.

HIGHER SECONDARY SCHOOL TEACHER (ENGLISH) P.T.M.HIGHER SECONDARY SCHOOL THRIKKATIRI P.O., PALAKKAD DISTRICT.

13. SADIK K.

HIGHER SECONDARY SCHOOL TEACHER (COMPUTER SCIENCE) P.T.M.HIGHER SECONDARY SCHOOL THRIKKATIRI P.O., PALAKKAD DISTRICT.

14. RAIHANA M.K.

HIGHER SECONDARY SCHOOL TEACHER (PHYSICS) P.T.M.HIGHER SECONDARY SCHOOL THRIKKATIRI P.O., PALAKKAD DISTRICT.

15. MUBASHIR M.K.

HIGHER SECONDARY SCHOOL TEACHER (CHEMISTRY) P.T.M.HIGHER SECONDARY SCHOOL THRIKKATIRI P.O., PALAKKAD DISTRICT.

16. FINOJ P.

HIGHER SECONDARY SCHOOL TEACHER (ECONOMICS) P.T.M.HIGHER SECONDARY SCHOOL THRIKKATIRI P.O., PALAKKAD DISTRICT

17. SHAFEEQ ALI HIGHER SECONDARY SCHOOL TEACHER (ECONOMICS) K.P.M.S.M.HIGHER SECONDARY SCHOOL ARIKKULAM, URALOOR, KOILANDY KOZHIKODE DISTRICT.

18. PRASANTH KUMAR N.K.

HIGHER SECONDARY SCHOOL TEACHER (POLITICAL SCIENCE) K.P.M.S.M.HIGHER SECONDARY SCHOOL ARIKKULAM, URALOOR, KOILANDY KOZHIKODE DISTRICT

19. RAJINDA C.

HIGHER SECONDARY SCHOOL TEACHER (MATHEMATICS) K.P.M.S.M.HIGHER SECONDARY SCHOOL ARIKKULAM, URALOOR, KOILANDY KOZHIKODE DISTRICT

20. VIMAL.A.

HIGHER SECONDARY SCHOOL TEACHER (PHYSICS) K.P.M.S.M.HIGHER SECONDARY SCHOOL ARIKKULAM, URALOOR, KOILANDY KOZHIKODE DISTRICT

21. REKHA A.M.

HIGHER SECONDARY SCHOOL TEACHER (ENGLISH) K.P.M.S.M.HIGHER SECONDARY SCHOOL ARIKKULAM, URALOOR, KOILANDY KOZHIKODE DISTRICT

22. SATHYADEVAN T.M.

HIGHER SECONDARY SCHOOL TEACHER (PHYSICS) R.N..M.HIGHER SECONDARY SCHOOL NARIPPATTA, CHEKKONUU WEST P.O., KAKKATTIL VIA KOZHIZKODE DISTRICT.

23. SREEJITH ADAKKUPAREMAL HIGHER SECONDARY SCHOOL TEACHER (HISTORY) R.N..M.HIGHER SECONDARY SCHOOL NARIPPATTA, CHEKKONUU WEST P.O., KAKKATTIL VIA KOZHIZKODE DISTRICT.

24. ASLAM CHALUPARAMBATH HIGHER SECONDARY SCHOOL TEACHER (SOCIOLOGY) R.N..M.HIGHER SECONDARY SCHOOL NARIPPATTA, CHEKKONUU WEST P.O., KAKKATTIL VIA KOZHIZKODE DISTRICT

25. JISHA C.R.

HIGHER SECONDARY SCHOOL TEACHER (CHEMISTRY) R.N..M.HIGHER SECONDARY SCHOOL NARIPPATTA, CHEKKONUU WEST P.O., KAKKATTIL VIA KOZHIZKODE DISTRICT

26. KAVITHA K.

HIGHER SECONDARY SCHOOL TEACHER (MATHEMATICS) R.N..M.HIGHER SECONDARY SCHOOL NARIPPATTA, CHEKKONUU WEST P.O., KAKKATTIL VIA KOZHIZKODE DISTRICT

27. PRAJISH MANHALADATHIL HIGHER SECONDARY SCHOOL TEACHER (ECONOMICS) R.N..M.HIGHER SECONDARY SCHOOL NARIPPATTA, CHEKKONUU WEST P.O., KAKKATTIL VIA KOZHIZKODE DISTRICT

28. VALSARAJAN K.P.

HIGHER SECONDARY SCHOOL TEACHER (ENGLISH) S.P.B.HIGHER SECONDARY SCHOOL RAMANATTUKARA, KOZHIKODE DISTRICT.

29. NITHIANAND T.K.

HIGHER SECONDARY SCHOOL TEACHER (COMPUTER APPLICATION) S.P.B.HIGHER SECONDARY SCHOOL RAMANATTUKARA, KOZHIKODE DISTRICT.

30. ANISH KUNNATH HIGHER SECONDARY SCHOOL TEACHER (MATHEMATICS) S.P.B.HIGHER SECONDARY SCHOOL RAMANATTUKARA, KOZHIKODE DISTRICT.

31. SANTHOSH KUMAR K.V.

HIGHER SECONDARY SCHOOL TEACHER (CHEMISTRY) S.P.B.HIGHER SECONDARY SCHOOL RAMANATTUKARA, KOZHIKODE DISTRICT.

32. ANAND S.B.

HIGHER SECONDARY SCHOOL TEACHER (PHYSICS) S.P.B.HIGHER SECONDARY SCHOOL RAMANATTUKARA, KOZHIKODE DISTRICT.

33. SHAMEEM K.

HIGHER SECONDARY SCHOOL TEACHER (ECONOMICS) S.P.B.HIGHER SECONDARY SCHOOL RAMANATTUKARA, KOZHIKODE DISTRICT.

34. V.SUBASH HIGHER SECONDARY SCHOOL TEACHER (MALAYALAM) S.P.B.HIGHER SECONDARY SCHOOL RAMANATTUKARA, KOZHIKODE DISTRICT.

35. REETHA K.P.

HIGHER SECONDARY SCHOOL TEACHER (ENGLISH) M.M.HIGHER SECONDARY SCHOOL NEW MAHE KANNUR DISTRICT.

36. DHANYA.R HIGHER SECONDARY SCHOOL TEACHER (CHEMISTRY) M.M.HIGHER SECONDARY SCHOOL NEW MAHE KANNUR DISTRICT.

37. JISHA M.

HIGHER SECONDARY SCHOOL TEACHER (COMPUTER APPLICATION) M.M.HIGHER SECONDARY SCHOOL NEW MAHE KANNUR DISTRICT

38. MUHAMMED RIYAS T.K HIGHER SECONDARY SCHOOL TEACHER (ECONOMICS) M.M.HIGHER SECONDARY SCHOOL NEW MAHE KANNUR DISTRICT

39. DEEPA KURIAKOSE HIGHER SECONDARY SCHOOL TEACHER (PHYSICS) M.M.HIGHER SECONDARY SCHOOL NEW MAHE KANNUR DISTRICT

40. SIMI.K.

HIGHER SECONDARY SCHOOL TEACHER (MATHEMATICS) M.M.HIGHER SECONDARY SCHOOL NEW MAHE KANNUR DISTRICT

41. VALERINA JOSEPH HIGHER SECONDARY SCHOOL TEACHER (ENGLISH) SACRED HEARTS' GIRLS HIGHER SECONDARY SCHOOL THALASSERY, KANNUR DISTRICT

42. MANJU GEORGE HIGHER SECONDARY SCHOOL TEACHER (ENGLISH) SACRED HEARTS' GIRLS HIGHER SECONDARY SCHOOL THALASSERY, KANNUR DISTRICT BY ADVS.SRI.K.T.SHYAMKUMAR SRI.HARISH R. MENON RESPONDENT(S):

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1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT THIRUVANANTHPAURAM.

2. DIRECTOR OF HIGHER SECONDARY EDUCATION SANTHI NAGAR, THIRUVANANTHPAURAM.695001

3. THE REGIONAL DEPUTY DIRECTOR OF EDUCATION REGIONAL OFFICE, KOZHIKODE.679001

4. THE REGIONAL DEPUTY DIRECTOR OF EDUCATION REGIONAL OFFICE, MALAPPURAM.676505

5. THE REGIONAL DEPUTY DIRECTOR OF EDUCATION REGIONAL OFFICE, KANNUR.

R BY GOVERNMENT PLEADER SMT.LOWSY.A.

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10-03-2015, ALONG WITH W.P.(C) NO.32430/2014 AND CONNECTED CASES THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 28639 of 2014 (D) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------ EXT.P1.TRUE COPY OF G.O.(MS) NO.128/2010/G.EDN DATED 20/07/2010 ISSUED BY THE 1ST RESPONDENT EXT.P2.TRUE COPY OF G.O.(MS) NO.211/2011/G.EDN DATED 24/10/2011. EXT.P3.TRUE COPY OF G.O.(MS) NO.76/2013/G.EDN DATED 23/2/2013. EXT.4.TRUE COPY OF G.O.(MS) NO.261/2001/G.EDN DATED 17/8/2001. EXT.P5.TRUE COPY OF G.O.(MS) NO.466/05/G,EDN DATED 31/12/2005. EXT.P6.TRUE COPY OF G.O.(MS) NO.28/2007/G.EDN DATED 7/2/2007. EXT.7.TRUE COPY OF THE JUDGMENT DATED 19/9/2014 IN WPC NO.20849/2013. RESPONDENT(S)' EXHIBITS ------------------------: NIL /TRUE COPY/ P.S. TO JUDGE.

A.MUHAMED MUSTAQUE, J.

- - - - - - - - - - - - - - - - - - - - - W.P.(C) Nos.28639,32430 & 32482 OF 2014 - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of March, 2015

JUDGMENT

The petitioners were given upgradation to the post of Higher Secondary School Teacher(Junior). The issue to be considered is regarding the prospective sanction for upgradation based on the date of the Government Order. In fact, the post of HSST were sanctioned as per order dated 24/10/2011.

2. This Court in W.P.(C) No.20849/2013 set aside the Government Order to the extent of having prospective application. This Court held that retrospective application shall take into effect from the commencement of the academic year and subject to physical verification as to whether the petitioners qualify to hold the post of HSST in terms of Rule 1 (d) of Chapter XXXII of the KER.

3. In view of the judgment of this Court in W.P.(C) No.20849/2013, these writ petitions are disposed of by approving the appointment of the petitioners from the

W.P.(C) No.28639/2014 & others .2.

commencement of the academic year subject to the physical verification as directed by this Court in Ext.P7 judgment(W.P. (C) No.20849/2013). Needful shall be done within a period of three months from the date of receipt of a copy of this judgment, including payment of monetary benefits. Sd/- A.MUHAMED MUSTAQUE, Judge.

dpk /true copy/ PS to Judge.

W.P.(C) No.28639/2014 & others .2.