Kerala High Court
Beegum A.Mufeeda vs State Of Kerala on 11 August, 2021
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 11TH DAY OF AUGUST 2021 / 20TH SRAVANA, 1943
WP(C) NO. 637 OF 2013
PETITIONER:
REMYA R.
W/O.SUDHEESH G.NAIR, CRC CO-ORDINATOR, SSA-BRC
CHANGANASSERY, VAZHAPPALLI (PO), KOTTAYAM DISTRICT,
(FORMERLY UPSA, PGM BHS, PARAKODE (PO), ADOOR,
PATHANAMTHITTA), RESIDING AT 'SWAPNA NIVAS',
PARAKODE (PO), ADOOR, PATHANAMTHITTA DISTRICT.
BY ADV SRI.KALEESWARAM RAJ
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY, DEPARTMENT OF GENERAL
EDUCATION, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM. 695 001.
2 THE DIRECTOR OF PUBLIC INSTRUCTION
THIRUVANANTHAPURAM. 695 004.
3 THE DEPUTY DIRECTOR OF EDUCATION
PATHANAMTHITTA. 689 645.
4 THE DISTRICT EDUCATIONAL OFFICER
PATHANAMTHITTA. 689 645.
5 THE MANAGER
PGM HS FOR BOYS, PARAKKODE (PO), PATHANAMTHITTA.
691 554.
6 THE HEADMISTRESS
PGM HS FOR BOYS, PARAKKODE (PO), PATHANAMTHITTA.
691 554.
7 BLOCK PROGRAMME OFFICER
SSA-BRC CHANGANASSERY, VAZHAPPALLY (PO), KOTTAYAM.
686 103.
WP(C) NO.637/2013 & Con. Cases
2
SRI.V.VENUGOPAL-GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 11.08.2021, ALONG WITH WP(C).2888/2013, 4531/2013 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO.637/2013 & Con. Cases
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 11TH DAY OF AUGUST 2021 / 20TH SRAVANA, 1943
WP(C) NO. 2888 OF 2013
PETITIONER:
BEEGUM A.MUFEEDA
AGED 28 YEARS
CLUSTER RESOURCE CENTRE (CRC), COORDINATOR, BLOCK
RESOURCE CENTRE (BRC), ADOOR, PATHANAMTHITTA
DISTRICT, FORMERLY UPPER PRIMARY SCHOOL ASSISTANT
PGM BOYS HIGH SCHOOL, PARAKODE P.O, ADOOR
PATHANAMTHITTA RESIDING AT AL-MAMZAR GARDENS,
NEDUMON PO, PATHANAMTHITTA DISTRICT.
BY ADVS.
SRI.D.KISHORE
SMT.MINI GOPINATH
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY SECRETARY, GENERAL EDUCATION
DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2 THE DIRECTOR OF PUBLIC INSTRUCTIONS
THIRUVANANTHAPURAM-695 004.
3 THE DEPUTY DIRECTOR OF EDUCATION
PATHANAMTHITTA - 689 645
4 THE DISTRICT EDUCATIONAL OFFICER
PATHANAMTHITTA-689 645
5 THE MANAGER
PGM H.S. FOR BOYS, PARAKODE P.O., PATHANAMTHITTA-
691554
6 THE HEADMISTRESS
PGM H.S. FOR BOYS, PARAKODE P.O., PATHANAMTHITTA-
WP(C) NO.637/2013 & Con. Cases
4
691554
7 THE BLOCK PROGRAMME OFFICER
SARVA SIKSHA ABHIYAN (SSA), BLOCK RESOURCE CENTRE
(BRC) CHANGANASSERY, VAZHAPPALLY P.O., KOTTAYAM -
686 103
8 THE BLOCK PROGRAMME OFFICER
SARVA SIKSHA ABHIYAN (SSA), BLOCK RESOURCE CENTRE
(BRC), ADOOR, PATHANAMTHITTA- 691524.
SRI.V.VENUGOPAL-GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 11.08.2021, ALONG WITH WP(C).637/2013 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.637/2013 & Con. Cases
5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 11TH DAY OF AUGUST 2021 / 20TH SRAVANA, 1943
WP(C) NO. 4531 OF 2013
PETITIONER:
SUNIL KUMAR N.
AGED 37 YEARS
S/O.NARAYANAKURUP, FULL-TIME CONTINGENT MENIAL,
P.G.M.BOYS HIGH SCHOOL, PARAKODE, PARAKODE P.O.,
RESIIDNG AT SARASWATHY BHAVANAM, PUTHUMALA P.O.,
PARAKODE, PIN - 691 554.
BY ADV SRI.KALEESWARAM RAJ
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY, DEPARTMENT OF GENERAL
EDUCATION, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
2 THE DIRECTOR PUBLIC INSTRUCTION
THIRUVANANTHAPURAM - 695 004.
3 THE DEPUTY DIRECTOR OF EDUCATION
PATHANAMTHITTA - 689 001.
4 THE DISTRICT EDUCATIONAL OFFICER
PATHANAMTHITTA - 689 001.
5 THE MANAGER
PGM HS FOR BOYS, PARAKKODE P.O., PATHANAMTHITTA -
691 554.
6 THE HEADMISTRESS
PGM HS FOR BOYS, PARAKKODE P.O., PATHANAMTHITTA -
691 554.
SRI.V.VENUGOPAL-GP
WP(C) NO.637/2013 & Con. Cases
6
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 11.08.2021, ALONG WITH WP(C).637/2013 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.637/2013 & Con. Cases
7
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 11TH DAY OF AUGUST 2021 / 20TH SRAVANA, 1943
WP(C) NO. 4540 OF 2013
PETITIONER:
JAYASREE T.G.
AGED 37 YEARS
CRC CO-ORDINATOR, BRC ARANMULA, PATHANAMTHITTA,
RESIDING AT SREEPADAMAM MOONNALAM ADOOR P.O,
PATHANAMTHITTA 689001
BY ADV SRI.KALEESWARAM RAJ
RESPONDENTS:
1 STATE OF KERALA
RPRESENTED BY THE SECRETARY, DEPARTMENT OF GENERAL
EDUCATION, OGVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM 695001
2 THE DIRECTOR OF PUBLIC INSTRUCTION
THIRUVANANTHAPURAM 695004
3 THE DEPUTY DIRECTOR OF EDUCATION
PATHANAMTHITTA 689001
4 THE DISTRICT EDUCATIONAL OFICER
PATHANAMTHITTA 689001
5 THE MANAGER
PGM HS FIR BOYS, PARAKKODE (P.O), PATHANAMTHITTA
691554
6 THE HEADMISTRESS
PGM HS FOR BOYS, PARAKKODE (P.O), PATHANAMTHITTA
691554
7 BLOCK PROGRAMME OFFICER
SSA-BRC CHANGANASSERY, VAZHAPPALLY (P.O), KOTTAYAM
WP(C) NO.637/2013 & Con. Cases
8
686103
SRI.V.VENUGOPAL-GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 11.08.2021, ALONG WITH WP(C).637/2013 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.637/2013 & Con. Cases
9
JUDGMENT
When these matters were called today, it was conceded by learned counsel on both sides that the issues impelled in these have been covered in favour of the petitioners by the judgment of this Court in Kishore V.G. v. State of Kerala and Others [2019(4)KLT 153].
In the afore circumstances, I allow these writ petitions and quash the impugned orders; and declare that no recovery shall be effected from the petitioners based on them in future.
Needless to say, the contentions of the petitioners, or any of them, regarding their retrenchment are left open to be pursued by them in future, if they are so advised.
Sd/-
DEVAN RAMACHANDRAN JUDGE MC/18.8 WP(C) NO.637/2013 & Con. Cases 10 APPENDIX OF WP(C) 637/2013 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE ORDER NO. SC (2)/16558/2011/DPI DATED 28.05.2011 ISSUED BY THE 4TH RESPONDENT.
Exhibit P2 A TRUE COPY OF THE ORDER NO. B6- 3980/11/D.DIS DATED 23.07.2011 ISSUED BY THE 4TH RESPONDENT.
Exhibit P3 A TRUE COPY OF THE REVISION PETITION DATED 20.07.2011 SUBMITTED BY THE 5TH RESPONDENT BEFORE THE IST RESPONDENT.
Exhibit P4 A TRUE COPY OF THE LETTER DATED 21.12.2011 ISSUED BY THE IST RESPONDENT TO THE 5TH RESPONDENT.
Exhibit P5 A TRUE COPY OF THE ORDER NO.
B6/7415/12/D.DIS DATED 28.11.2012 ISSUED BY THE 3RD RESPONDENT.
Exhibit P6 A TRUE COPY OF THE NOTICE DATED 01.11.2012 ISSUED BY THE 7TH RESPONDENT TO THE PETITIONER.
WP(C) NO.637/2013 & Con. Cases 11 APPENDIX OF WP(C) 2888/2013 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER DATED 4.6.2008 ISSUED BY THE 5TH RESPONDENT.
Exhibit P2 TRUE COPY OF THE ORDER NO. SC (2) / 16558/2011/DPI/D/DIS 28.5.2011 ISSUED BY THE 2ND RESPONDENT.
Exhibit P3 TRUE COPY OF THE ORDER NO. B6/11474/10 DATED 24.11.2010 ISSUED BY THE 4TH RESPONDENT.
Exhibit P4 TRUE COPY OF THE REVISION PETITION DATED 20.7.2011 SUBMITTED BY THE 5TH RESPONDENT BEFORE THE IST RESPONDENT.
Exhibit P5 TRUE COPY OF THE ORDER NO.
B6/7415/12/D/DIS DATED 28.11.2012 OF THE 3RD RESPONDENT.
Exhibit P6 TRUE COPY OF THE NOTICE DATED 1.11.2012 ISSUED BY THE 7TH RESPONDENT TO THE PETITIONER.
Exhibit P7 TRUE COPY OF THE ORDER DATED 7.1.2013 IN WPC 637/2013 OF THIS HONOURABLE COURT. WP(C) NO.637/2013 & Con. Cases 12 APPENDIX OF WP(C) 4531/2013 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE ORDER NO. SC (2)/16558/2011/DPI DATED 28.05.2011 ISSUED BY THE 4TH RESPONDENT.
Exhibit P2 A TRUE COPY OF THE ORDER NO. B6- 3980/11/D.DIS DATED 23.07.2011 ISSUED BY THE 4TH RESPONDENT.
Exhibit P3 A TRUE COPY OF THE REVISION PETITION DATED 20.07.2011 SUBMITTED BY THE 5TH RESPONDENT BEFORE THE IST RESPONDENT.
Exhibit P4 A TRUE COPY OF THE LETTER DATED 21.12.2011 ISSUED BY THE IST RESPONDENT TO THE 5TH RESPONDENT.
Exhibit P5 A TRUE COPY OF THE ORDER NO.
B6/7415/12/D.DIS DATED 28.11.2012 ISSUED BY THE 3RD RESPONDENT.
Exhibit P6 A TRUE COPY OF THE APPOINTMENT ORDER DATED 1.4.2011 ISSUED INF FAVOUR OF THE PETITIONER.
Exhibit P7 A TRUE COPY OF THE LETTER DATED 21.1.2013 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER.
WP(C) NO.637/2013 & Con. Cases 13 APPENDIX OF WP(C) 4540/2013 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER DATED 3.6.2008.
Exhibit P2 TRUE COPY OF THE APPOINTMENT ORDER DATED 1.6.2009.
Exhibit P3 TRUE COPY OF THE ORDER NO. SC / 16558/2011/DPI/D/DIS DATED 28.5.2011 ISSUED BY THE 2ND RESPONDENT.
Exhibit P4 TRUE COPY OF THE ORDER DATED 23.7.2011 ISSUED BY THE 4TH RESPONDENT.
Exhibit P5 TRUE COPY OF THE REVISION PETITION DATED 20.7.2011 SUBMITTED BY THE 5TH RESPONDENT BEFORE THE IST RESPONDENT.
Exhibit P6 TRUE COPY OF THE LETTER DATED 21.12.2011 ISSUED BY THE IST RESPONDENT TO THE 5TH RESPONDENT.
Exhibit P7 TRUE COPY OF THE ORDER DATED 28.11.2012 ISSUED BY THE 4TH RESPONDENT.
Exhibit P8 TRUE COPY OF THE NOTICE DATED 1.11.2012 ISSUED BY THE 7TH RESPONDENT TO THE PETITIONER.
Exhibit P9 TRUE COPY OF THE INTERIM ORDER DATED 7.1.2013 IN WPC NO. 637/2013.