Kerala High Court
Christy Tom vs The State Of Kerala on 14 February, 2020
Author: S.V.Bhatti
Bench: S.V.Bhatti
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE S.V.BHATTI
FRIDAY, THE 14TH DAY OF FEBRUARY 2020 / 25TH MAGHA, 1941
WP(C).No.4294 OF 2020(J)
PETITIONER:
CHRISTY TOM
W/O. JOJO V. SEBASTIAN,
VALLIAMTHADATHIL HOUSE,
PARATHODU P.O. PADIMATTOM,
KANJIRAPPALLY 686 512,
(HIGH SCHOOL TEACHER (MATHEMATICS)
ST. MARIA GORETTIS HIGH SCHOOL, CHENNAD.)
BY ADV. SRI.S.SUBHASH CHAND
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT,
DEPARTMENT OF GENERAL EDUCATION (N),
GOVERNMENT SECRETARIAL,
THIRUVANANTHAPURAM 695 001.
2 THE DIRECTOR OF GENEREAL
FORMERLY) DIRECTOR OF PUBLIC INSTRUCTIONS),
OFFICE OF THE DIRECTOR OF GENERAL EDUCATION,
THIRUVANANTHAPURAM 695 001.
3 THE DEPUTY DIRECTOR(EDUCATION)
OFFICE OF THE DEPUTY DIRECTOR (EDUCATION),
KOTTAYAM 686 001.
4 THE DISTRICT EDUCATIONAL OFFICER,
OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,
KANJIRAPPALLY 686 507.
5 THE CORPORATE MANAGER,
CORPORATE EDUCATIONAL AGENCY,
DIOCESE OF PALAI,
PALA 686 574.
R1 TO R4 BY SMT. NISHA BOSE, SR.G.P.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.4294 OF 2020(J) 2
JUDGMENT
Dated this the 14th day of February 2020 Heard Adv. Sri. Subash Chand S. for the petitioner and Smt. Nisha Bose, learned Senior Government Pleader for respondents 1 to 4.
2. The petitioner prays for the following reliefs:-
"i) To issue a writ in the nature of mandamus or any other appropriate writ or order directing respondent Nos. 1 to 4 grant approval to the appointment of the petitioner as High School Assistant (Mathematics) as per Ext.P1 appointment order with effect from 01.06.2009 to 31.05.2011 as granted in the case of similarly situated persons covered by Exts. P6, P9, P10. P10(a) to P10(d) judgments and Exts.
P7 and P8 orders in the light of the law laid down by this Hon'ble Court in Exts.P4 and P5 rulings within such time as this Hon'ble Court may deem fit and proper in the interest of justice;
ii) To issue a writ in the nature of mandamus or any other appropriate writ or order directing respondent No.1 to consider and pass final orders on Ext.P11 revision petition in the light of Exts.P4, P5, P6, P9, P10, P10(a) to P10(d) judgments and Ext.P7, P8 and P10(e) orders WP(C).No.4294 OF 2020(J) 3 passed in the case of similarly situated persons taking into account the law laid down by this Hon'ble Court in Exts.P4 and P5 rulings with notice and opportunity of hearing to the petitioner and respondent No.5 within such time as this Hon'ble Court may deem fit and proper in the interest of justice.
iii) To issue a declaration that the petitioner is entitled to have her appointment as High School Assistant (Mathematics) as per Ext.P1 appointment order approved with effect from 01.06.2009 to 31.05.2011 as in the case of similarly situated persons covered by Ext.P4, P5,P6, P9, P10, P10(a) to P10(d) judgments and Exts.P7, P8 and P10(e) orders in the light of the law on the point laid down in Ext.P4 and P5 rulings and denial of the same by Ext.P1 order is absolutely arbitrary and discriminatory being violative of Articles 14 and 21 of the Constitution of India rendering the same liable to be struck down by this Hon'ble Court.
iv) To issue a writ in the nature of certiorari or any other appropriate writ or order quashing Ext.P1 approval order to the extent the same has denied approval as High School Assistant (Mathematics) to the petitioner for the period from 01.06.2009 to 31.05.2011.
v) To mould and grant such other reliefs, as this Hon'ble Court shall deem just and proper in the interest of justice, including costs."
3. Admittedly, the petitioner has filed Ext.P11 WP(C).No.4294 OF 2020(J) 4 revision before the first respondent substantially for the same reliefs and for the same grounds stated in the writ petition.
4. Adv. Sri. Subash Chand prays for expeditious consideration and disposal of Ext.P11 by the first respondent.
5. Smt. Nisha Bose, learned Senior Government Pleader does not oppose the limited prayer. Hence, the writ petition stands disposed of by this judgment:-
a) The petitioner files a copy of this judgment along with Ext.P11 before the first respondent within one week from today.
b) The first respondent, after issuing notice to parties interested in the outcome of Ext.P11, considers and disposes of Ext.P11, as expeditiously as possible, preferably within three months from today.
Sd/-
S.V.BHATTI JUDGE DCS WP(C).No.4294 OF 2020(J) 5 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER DATED 1/6/2009 ISSUED BY RESPONDENT NO. 5.
EXHIBIT P1 (A) TRUE COPY OF THE ORDER DATED 09.12.2010 PASSED BY RESPONDENT. NO. 4 EXHIBIT P1 (B) TRUE COPY OF THE ORDER DATED 21.10.2011 PASSED BY RESPONDENT. NO. 3 EXHIBIT P2 TRUE COPY OF THE GOVERNMENT ORDER DATED 1/2/2006 ISSUED BY RESPONDENT NO. 1.
EXHIBIT P3 TRUE COPY OF THE GOVERNMENT ORDER DATED 9/2/2009 ORDER ISSUED BY RESPONDENT NO. 1 EXHIBIT P4 TRUE COPY OF THE RULING IN NADEERA T.S. AND ANOTHER VS. STATE OF KERALA AND OTHERS (20111 (3) KLT 790) RENDERED BY THIS HONBLE COURT.
EXHIBIT P5 TRUE COPY OF THE RULING IN STATE OF KERLA AND OTHERS VS.S. HASEENA AND ANOTHER AND ANOTHER (2013 (2) KLT 88 RENDERED BY THIS HONBLE COURT.
EXHIBIT P6 TRUE COPY OF THE JUDGMENT DATED 20/3/2015 PASSED BY THIS HONBLE COURT IN WPC NO. 8979/2015 (V).
EXHIBIT P7 TRUE COPY OF THE GOVERNMENT ORDER DATED 11/11/2015 PASSED BY RESPONDENT NO.1 EXHIBIT P8 TRUE COPY OF THE ORDER DATED 18/1/2016 PASSED BY THE DISTRICT EDUCATIONAL OFFICERR, ALAPPUZHA EXHIBIT P9 TRUE COPY OF THE JUDGMENT DATED 29/1/2019 PASSED IN WPC NO. 10291 OF 2018.
EXHIBIT P10 TRUE COPY OF THE JUDGMENT DATED 8/1/2019 PASSED IN WPC NO. 8587 OF 2015.
EXHIBIT P10 (A) TRUE COPY OF THE JUDGMENT DATED 22.07.2019 PASSED BY THIS HONBLE COURT IN WRIT PETITION BEARING WPC NO. 19958/2019.
EXHIBIT P10 (B) TRUE COPY OF THE JUDGMENT DATED 29.07.2019 PASSED BY THIS HONBLE COURT IN WRIT WP(C).No.4294 OF 2020(J) 6 PETITION BEARING WPC NO. 20680/2019.
EXHIBIT P10 (C) TRUE COPY OF THE JUDGMENT DATED 26.07.2019 PASSED BY THIS HONBLE COURT IN WRIT PETITION BEARING WPC NO. 20549/2019.
EXHIBIT P10 (D) TRUE COPY OF THE GOVT. ORDER BEARING NO.
4043/2019/G.EDN. PASSED BY RESPONDENT NO.1.
EXHIBIT P11 TRUE COPY OF THE STATUTORY REVISION PETITION SUBMITTED BY THE PETITIONER BEFORE RESPONDENT NO. 1