Kerala High Court
Geetha Maruvayil vs The State Of Kerala on 3 February, 2021
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 03RD DAY OF FEBRUARY 2021 / 14TH MAGHA,1942
WP(C).No.28532 OF 2020(N)
PETITIONER:
GEETHA MARUVAYIL, AGED 54 YEARS
W/O RAMAACHANDRAN, THAYULLATHIL HOUSE
(NEAR BUS STOP), PUTHUPPANAM, VADAKARA,
KOZHIKODE, (WORKING AS UPSA KADATHANAD
RAJAS HIGHER SECONDARY SCHOOL (KRHSS)
PURAMERI, KOZHIKODE)
BY ADVS.
SRI.S.SHANAVAS KHAN
SMT.S.INDU
RESPONDENTS:
1 THE STATE OF KERALA, REPRESENTED BY PRINCIPAL
SECRETARY TO GOVERNMENT, GENERAL EDUCATION
DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2 THE DIRECTOR OF GENERAL EUCATION,
(FORMER DIRECTOR OF PUBLIC INSTRUCTIONS),
JAGATHI, THIRUVANANTHAPURAM-695 014.
3 THE DEPUTY DIRECTOR OF EDUCATION,
OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION,
MANANCHIRA, KOZHIKODE-673 001.
4 THE DISTRICT EDUCATIONAL OFFICER,
MINI CIVIL STATION, VADAKARA, KOZHIKODE-673 101.
5 THE MANAGER, KADATHANAD RAJAS HIGHER SECONDARY
SCHOOL, PURAMERI, KOZHIKODE-673 503.
SRI. P.M.MANOJ - SR.GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
03.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 28532/20
2
JUDGMENT
The petitioner says that she is working as an Upper Primary School Teacher in 'K.R.Higher Secondary School', Purameri, from 04.10.2000. She, however, concedes that she had been declared as an excess teacher between the period from 15.07.2005 to 27.06.2012, but that she was not relieved from the School and was retained as an Upper Primary School Teacher, as if she was a regular one. She says that her continuance has benefited the school and that she was serving in multiple roles; as a Teacher and Guide Captain, as is evident from Exts.P11 and P12.
2. The petitioner says that Exts.P8 to P10 series of documents would show that she had discharged her duties diligently and that she had been issued with Exts.P14 and P15 commendation letters for having worked without fault. She submits that, therefore, she is WPC 28532/20 3 entitled to be regularised in service under the mandate of the Circular of the Director of General Education (DGE) dated 09.09.2019, wherein, teachers who were actively working as Scout Masters and Guide Captains, Club Masters and Bull-bull Flock Leaders, are eligible for retention in schools, even if there is a fall in division. She asserts that this Circular is applicable to her and that her continuation in the School is necessary as is clear from Ext.P7 letter of the Headmistress; and further that had she been not so required, she would not have been allowed to continue for so long without any break.
3. The petitioner says that, therefore, she has preferred Ext.P19 representation before the 1st respondent - State of Kerala, particularly because a teacher, who was similarly situated, had already been regularised and paid his salary. She, WPC 28532/20 4 therefore, prays that the 1st respondent be directed to regularise her service as UPSA for the period between 15.07.2005 to 27.06.2012 and to release her salary and consequential benefits.
4. In response to the afore submissions made on behalf of the petitioner by her learned counsel - Smt.S.Indu, the learned Senior Government Pleader - Sri.P.M.Manoj, submitted that since the petitioner has already approached the Government through Ext.P19 representation, this Court may allow its competent Authority to consider the same, based on her contentions, especially because, most of what has been asserted in this Writ Petition fall in the factual realm. He submitted that he is making this request because the petitioner is relying upon a Circular of the 2nd respondent and therefore, that the Government will have to decide WPC 28532/20 5 whether same is applicable to her and also as to whether any other teacher who was identically situated had been granted the benefits as has been prayed for by the petitioner. He, therefore, prayed that this Writ Petition be ordered on such terms.
5. In reply, Smt.S.Indu submitted that there is yet another reason why her client has approached this Court and that is because, if the leave vacancies in the school in question that arose between the period 15.07.2005 and 27.06.2012 had been properly reported, her client's service could have been adjusted against any one of them; and further that a certain Sri.Madhavan, who had earlier worked as a Lower Grade Hindi Teacher in the School, obtained his salary through the Government Order bearing No.B5-5827/108,B5-5826/08, B5- 5821/08 for the period between 1996-1999 and that the reasons therein would also be WPC 28532/20 6 applicable to her client. She, therefore, prayed that this Writ Petition be ordered in the manner as prayed for.
6. When I go through the afore submissions, it is indubitable that this Court cannot enter into the merits of the contentions of the petitioner at the first instance, since she has already approached the Government through Ext.P19 representation. That apart, going by Rule 3 Chapter I of the Kerala Education Rules (KER for short), it is competent for the Government to decide whether operation of any Rule would cause hardship in a particular case, which will then enable them to dispense with the requirements of that Rule on such conditions as it may deem fit. Indubitably, therefore, the Government will be in the best position, at least for the first instance, to consider the claims of the petitioner.
WPC 28532/207
In the afore circumstances, I order this writ petition and direct the competent Authority of the 1st respondent to take up Ext.P19 representation of the petitioner and dispose of the same, after adverting to all her contentions impelled in this Writ Petition and after affording her, as also the Manager of the School, an opportunity of being heard - either physically or through videoconferencing
- thus culminating in an appropriate order thereon as expeditiously as is possible, but not later than three months from the date of receipt of a copy of this judgment.
I make it clear that the afore directions are peremptory in nature and that Government must comply with it without seeking additional time, since the petitioner says that she is due to retire in a year's time.
Sd/-
DEVAN RAMACHANDRAN
RR JUDGE
WPC 28532/20
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ORDER DATED
4.7.1995 OF THE 4TH RESPONDENT EXHIBIT P2 TRUE COPY OF THE ORDER DATED 4.10.2000 OF THE 4TH RESPONDENT EXHIBIT P3 TRUE COPY OF THE ORDER DATED 27.11.2000 OF THE 4TH RESPONDENT EXHIBIT P4 TRUE COPY OF THE CHARTER DATED 20.4.2004 ISSUE BY STATE SECRETARY KERALA STATE BHARAT SCOUTS AND GUIDES STATE HEAD QUARTERS TRIVANDRUM EXHIBIT P5 TRUE COPY OF THE WARRANT NO GC/VDA/12069/5057/2004 DATED 30.7.2004 ISSUED BY STATE CHIEF COMMISSIONER OFFICE OF THE KERALA STATE BHARAT SCOUTS AND GUIDES EXHIBIT P6 TRUE COPY OF THE REPRESENTATION DATED 7.6.2005 SUBMITTED BY PETITIONER BEFORE THE 3RD RESPONDENT EXHIBIT P7 TRUE COPY OF THE REQUEST LETTER DATED 7.6.2012 SENT BY HEADMISTRESS, K.R.HIGHER SECONDARY SCHOOL, PURAMERI TO THE 3RD RESPONDENT AS PER THE DIRECTION OF 5TH RESPONDENT EXHIBIT P8 TRUE COPY OF THE RELEVANT PAGE OF THE ATTENDANCE REGISTER FOR THE MONTH OF JANURARY,2008 IN WHICH PETITIONERS NAME IS INCLUDED AS SERIAL NO 61 EXHIBIT P9 TRUE COPY OF THE RELEVANT PAGE OF THE ATTENDANCE REGISTER FOR THE MONTH OF JANUARY, 2012 IN WHICH PETITIONERS NAME IS INCLUDED AS WPC 28532/20 9 SERIAL NO 53 EXHIBIT P10 TRUE COPY OF THE ATTENDANCE CERTIFICATE ISSUED BY HON'BLE SECRETARY, KERALA STATE BHARAT SCOUTS AND GUIDES DATED 26.12.2005 EXHIBIT P10 (A) TRUE COPY OF THE ATTENDANCE CERTIFICATE ISSUED BY HON'BLE SECRETARY, KERALA STATE BHARAT SCOUTS AND GUIDE DATED 20.11.2006 EXHIBIT P10 (B) TRUE COPY OF THE ATTENDANCE CERTIFICATE ISSUED BY HON'BLE SECRETARY, KERALA STATE BHARAT SCOUTS AND GUIDE DATED 31`.5.2007 EXHIBIT P10 (C) TRUE COPY OF THE ATTENDANCE CERTIFICATE ISSUED BY HON'BLE SECRETARY, KERALA STATE BHARAT SCOUTS AND GUIDE DATED 31.8.2008 EXHIBIT P10 (D) TRUE COPY OF THE ATTENDANCE CERTIFICATE ISSUED BY HON'BLE SECRETARY, KERALA STATE BHARAT SCOUTS AND GUIDE DATED 13.8.2009 EXHIBIT P10 (E) TRUE COPY OF THE ATTENDANCE CERTIFICATE ISSUED BY HON'BLE SECRETARY, KERALA STATE BHARAT SCOUTS AND GUIDE DATED 4.1.2010 EXHIBIT P11 TRUE COPY OF THE RAJYAPURASKAR CERTIFICATE DATED 30.2.2011 AWARDED TO ONE OF THE STUDENTS EXHIBIT P12 TRUE COPY OF THE CERTIFICATE OF RASHTAPATHI GUIDE DATED 9.9.2013 AWARDED TO ONE OF THE STUDENTS EXHIBIT P13 TRUE COPY OF THE COMMUNICATION DATED 15.5.2007 ISSUED BY STATE SECRETARY, KERALA STATE BHARAT SCOUTS AND GUIDES TO THE PRINCIPAL, KADATHANAD RAJAS HIGHER SECONDARY SCHOOL PURAMERI WPC 28532/20 10 EXHIBIT P14 TRUE COPY OF THE PRASAMSAPATHRA DATED 26.9.2007 ISSUED BY GOVERNMENT OF KERALA, DEPARTMENT OF EDUCATION EXHIBIT P15 TRUE COPY OF THE PRASAMSAPATHRA DATED NIL IN RESPECT OF SERVICES RENDERED FOR THE YEAR 2008-2009 EXHIBIT P16 TRUE COPY OF THE PROCEEDINGS OF THE 3RD RESPONDENT DATED 26.6.2012 EXHIBIT P17 TRUE COPY OF THE REPRESENTATION DATED 30.6.2014 SUBMITTED THROUGH PROPER CHANNEL BEFORE THE 1ST RESPONDENT EXHIBIT P18 TRUE COPY OF THE LETTER NO 482579/LI/2016/G.ED DATED 23.3.2017 ISSUED BY THE 1ST RESPONDENT TO THE SECOND RESPONDENT EXHIBIT P19 TRUE COPY OF THE REPRESENTATION DATED 24.11.2020 SENT BY PETITIONER TO 1ST RESPONDENT