Alphonsa Vincent vs The State Of Kerala on 27 February, 2020

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Kerala High Court

Alphonsa Vincent vs The State Of Kerala on 27 February, 2020

Bench: S.V.Bhatti

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

                  THE HONOURABLE MR.JUSTICE S.V.BHATTI

   THURSDAY, THE 27TH DAY OF FEBRUARY 2020 / 8TH PHALGUNA, 1941

                        WP(C).No.5878 OF 2020(H)


PETITIONER/S:

                ALPHONSA VINCENT,
                W/O. GEORGE PHILIP, PERINGALLOOR HOUSE, MEVIDA P.O.,
                KOTTAYAM-686573, (HIGH SCHOOL TEACHER (SOCIAL
                SCIENCE), HOLY CROSS HIGHER SECONDARY SCHOOL,
                CHERPUNKAL)

                BY ADV. SRI.S.SUBHASH CHAND

RESPONDENT/S:

      1         THE STATE OF KERALA,
                REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF
                GENERAL EDUCATION (N), GOVERNMENT SECRETARIAT,
                THIRUVANANTHAPURAM-695001.

      2         THE DIRECTOR OF GENERAL EDUCATION
                (FORMERLY DIRECTOR OF PUBLIC INSTRUCTIONS), OFFICE OF
                THE DIRECTOR OF GENERAL EDUCATION,
                THIRUVANANTHAPURAM-695001.

      3         THE DEPUTY DIRECTOR (EDUCATYION),
                OFFICE OF THE DEPUTY DIRECTOR (EDUCATION), KOTTAYAM-
                686001.

      4         THE DISTRICT EDUCATIONAL OFFICER,
                OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, PALA-
                686575.

      5         THE CORPORATE MANAGER,
                CORPORATE EDUCATIONAL AGENCY, DIOCESE OF PALA, PALA-
                686574.


                SR GP NISHA BOSE

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.5878 OF 2020                   2




                                 JUDGMENT

Heard Adv.Subhash Chand for petitioner and Smt.Nisha Bose, learned Senior Government Pleader for respondents 1 to

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 to grant approval to the appointment of the petitioner as High School Assistant (Social Science) as per Ext.P1 appointment order with effect from 01/06/2009 to 31/5/2011 as granted in the case of similarly situated persons covered by Exts.P6, P9, P10, P10(a) to P(10d) 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 Exhibits-P7, P8 and P10(e) orders 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 (Social Science) as per Ext.P1 appointment order approved with effect from 01/06/2009 to 31/5/2011 as in the case of similarly situated persons covered by Exts.P4, P5, P6, P9, P10, P10(a) to P(10d) judgments and Exhibits.P7, P8 and P10(e) orders in the light of the law on the point laid down in Exts.P4 and P5 rulings and denial of the same by Et.P1 order is WP(C).No.5878 OF 2020 3 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 wit or order quashing Ext.P1 approval order to the extent the same has denied approval as High School Assistant (Social Science) to the petitioner for the period from 1/6/2009 to 31/5/2011;

v) To issue a writ in the nature of certiorari or any other appropriate writ or order quashing Exts.P1(b), P1(c) and P1(d) orders issued by respondent Nos.4, 3 and respectively; and

vi) 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, petitioner has filed Ext.P11 revision petition before the first respondent substantially for the same reliefs and for the same grounds stated in the writ petition.

4. Adv.Subhash 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 two week from today.

b) The first respondent issues notice to parties WP(C).No.5878 OF 2020 4 interested in the outcome of Ext.P11 and considers disposing of Ext.P11, as expeditiously as possible, preferably within three months from today.

Sd/-

S.V.BHATTI JUDGE JS WP(C).No.5878 OF 2020 5 APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER DATED 01/06/2009 ISSUED BY RESPONDENT NO.5.

EXHIBIT P1 (A) TRUE COPY OF THE ORDER BEARING NO. B2- 2932/09/K.DIS.DATED 06/08/2009 PASSED BY RESPONDENT NO.4.

EXHIBIT P1(B) TRUE COPY OF THE ORDER DATED 21/10/2011 PASSED BY RESPONDENT NO.3.

EXHIBIT P1(C) TRUE COPY OF THE ORDER DATED 03/09/2010 PASSED BY RESPONDENT NO.2.

EXHIBIT P2 TRUE COPY OF THE GOVERNMENT ORDER DATED 01/02/2006 ISSUED BY RESPONDENT NO.1.

EXHIBIT P3 TRUE COPY OF THE GOVERNMENT ORDER DATED 09/02/2009 ORDER ISSUED BY R1.

EXHIBIT P4 TRUE COPY OF THE RULING IN NADEERA T.S. AND ANOTHER V. STATE OF KERALA, AND OTHERS (2011 (3) KLT 790) RENDERED BY THIS HON'BLE COURT.

EXHIBIT P5 TRUE COPY OF THE RULING IN STATE OF KERALA AND OTHERS V. S. HASEENA AND ANOTHER (2013 (2) KLT 88) RENDERED BY THIS HON'BLE COURT DATED 19/02/2013.

EXHIBIT P6 TRUE COPY OF THE JUDGMENT DATED 20/03/2015 PASSED BY THIS HON'BLE COURT IN WPC NO.8979/2015(V).

EXHIBIT P7 TRUE COPY OF THE GOVERNMENT ORDER DATED 11/11/2015 PASSED BY R1.

EXHIBIT P8 TRUE COPY OF THE ORDER DATED 18/01/2016 PASSED BY THE DISTRICT EDUCATIONAL OFFICER, ALAPPUZHA.

EXHIBIT P9 TRUE COPY OF THE JUDGMENT DATED 29/01/2019 PASSED IN WPC NO.10291/2018.

EXHIBIT P10 TRUE COPY OF THE JUDGMENT DATED 08/01/2019 PASSED IN WPC NO.8587/2015.

WP(C).No.5878 OF 2020 6

EXHIBIT P10(A) TRUE COPY OF THE JUDGMENT DATED22/07/2019 PASSED BY THE HON'BLE COURT IN WRIT PETITION BEARING WPC NO.19958/2019. EXHIBIT P10(B) TRUE COPY OF THE JUDGMENT DATED 29/07/2019 PASSED BY THIS HON'BLE COURT IN WRIT PETITION BEARING WPC NO.20680/2019. EXHIBIT P10(C) TRUE COPY OF THE JUDGMENT DATED 26/07/2019 PASSED BY THIS HON'BLE COURT IN WRIT PETITION BEARING WPC NO.20549/2019. EXHIBIT P10(D) TRUE COPY OF THE JUDGMENT DATED 19/07/2019 PASSED BY THIS HON'BLE COURT IN WRIT PETITION BEARING WPC NO.19846/2019. EXHIBIT P10(E) TRUE COPY OF THE GOVERNMENT ORDER BEARING NO.4043/2019/G.EDN. DATED 09/10/2019 PASSED BY THE R1.

EXHIBIT P11 TRUE COPY OF THE STATUTORY REVISION PETITION DATED 24/12/2019 SUBMITTED BY THE PETITIONER BEFORE R1.

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