High Court of KeralaSingle Judge2023-06-02Writ petition disposed of; Ext.P14 set aside; G...

Anish K Thankachan and others v State of Kerala and others

Case / Petition Number:WP(C) No.41488/2022

Neutral Citation::null

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: P. V. Kunhikrishnan
Judgment Date: 2023-06-02
Court Decision / Holding: Ext.P14 is set aside. The 1st respondent is directed to reconsider the revision submitted by the petitioners and the 4th respondent and pass appropriate orders in those revisions, after affording an opportunity of hearing to the petitioners, the 4th respondent and other affected parties, if any, as expeditiously as possible, but in any case within four months from the date of receipt of a stamped certified copy of this judgment.
Final Disposition: Writ petition disposed of; Ext.P14 set aside; Government directed to reconsider the revisions (petitioners’ and 4th respondent’s) after hearing; to pass appropriate orders within four months; compliance to be evidenced by stamped copy of judgment.

Parties to the Case

Appellants / Petitioners

Anish K Thankachan
Ratheesh R. Nair
Preethimol K.P.

Respondents

The State of Kerala represented by Secretary to Government, Department of General Education, Government Secretariat, Thiruvananthapuram
The Director of General Education (formerly Director of Public Instructions), Thiruvananthapuram
The District Educational Officer, Kothamangalam
The Corporate Manager (The Secretary), Royal Charitable Trust, Royal School for Hearing Impaired, Nellikkuzhy, Kothamangalam

Legal Representation & Advocates

Counsels for Petitioners

• Adv. Sruthi S. Sekhar

Counsels for Respondents

• Adv. SMT. Surya Binoy, GP

Case Synopsis & Summary

This writ petition challenges the order Ext.P14 (dated 8/11/2022) passed by the Government on a revision petition filed by the fourth respondent; the petitioners are three assistant teachers at the Royal School for the Hearing Impaired, Nellikkuzhy, Kothamangalam, who were appointed in 2013–2014 under Ext.P1–P5 following Ext.P2, which conferred aided status on the school. The petitioners contend that, under Section 9 read with Chapter XIVA of the Kerala Education Rules (KER) and Ext.P1 Government order, the Government is obliged to disburse salaries and allowances to teachers in aided schools. Despite this, the Government sanctioned separate posts only by Ext.P9 (2015), delayed by the absence of timely proposals, resulting in the 3 petitioners’ appointments being effectively protected only by Ext.P2; Ext.P14 purportedly restricts appointment dates to 01.06.2015 and beyond. The petition seeks quashing Ext.P14, directing final orders on Ext.P11 revision petitions with hearing as per Exts.P2–P8, P12–P13, and recognizing the petitioners’ appointments from the indicated dates as proper under the relevant orders. The court, while not deciding merits, set aside Ext.P14, and directed the Government to reconsider the petitions (petitioners’ and the 4th respondent’s) after hearing all affected parties, within four months, ensuring due process and timely resolution in light of the pending revisions and established orders.

Provisions of Law Cited

Section 9 read with Chapter XIVA, Kerala Education Rules (KER)Article 14 of the Constitution of IndiaArticle 21 of the Constitution of India

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners submitted that the Royal School for Hearing Impaired at Nellikkuzhy functioned as an unaided institution under the 4th respondent before being made an aided school by Ext.P2. After the aid status, they were appointed as Assistant Teachers (Exts.P3–P5) with effect from 11/1/2013, 11/1/2013 and 2/6/2014, under Ext.P1 and Ext.P2. They argue that the 1st respondent is obliged to disburse salary and allowances under Section 9 r/w Chapter XIVA KER; the post-sanction created by Ext.P9 in 2015 does not justify depriving them of the earlier appointed dates. Ext.P14, passed without hearing and without addressing Ext.P11 revisions, is arbitrary and unconstitutional, violating Articles 14 and 21, and thus liable to be quashed. They seek approval of Exts.P3–P5 as reflecting their appointment dates and comprehensive relief including back salaries, along with costs and a hearing on merits.

Contentions of Respondents

The respondents contend that the revision petitions are pending before the Government and the Ext.P14 order represents a proper exercise of administrative authority. The creation of posts via Ext.P9 and subsequent orders require due process and alignment with government policies; the present petitions and revisions must be considered in light of these pending processes. They submit that it would be inappropriate for the court to substitute its own decision for the ongoing revision proceedings and that the hearing requirement should be observed before any final orders are passed.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
Hon'ble Supreme Court order in Civil Appeal No. 3534 of 2016	Civil Appeal No. 3534/2016	Mentioned Only	Exhibit P12 references this Apex Court order; the document does not indicate that the case was discussed at length or relied upon for any ratio in the present judgment.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN`** ``` FRIDAY, THE 2[ND] DAY OF JUNE 2023 / 12TH JYAISHTA, 1945 ``` ## **`WP(C) NO. 41488 OF 2022`** ## **`PETITIONERS:`** - `1 ANISH K THANKACHAN AGED 37 YEARS, S/O. C. THANKACHAN, KOTTAKKATTU PANDINJATTETHETHIL HOUSE, VALAKAM PO, KOTTARAKKARA, KOLLAM-691532 (ASSISTANT TEACHER, ROYAL SCHOOL FOR HEARING IMPAIRED, NELLIKKUZHY PO, KOTHAMANGALAM - 686691).` - `2 RATHEESH R. NAIR, S/O. RAMACHANDRAN NAIR R., PANAYARA PUTHEN VEEDU, KODUMON PO, ADOOR, PATHANAMTHITTA-691555 (ASSISTANT TEACHER, ROYAL SCHOOL FOR HEARING IMPAIRED, NELLIKKUZHY PO, KOTHAMANGALAM - 686691).` - `3 PREETHIMOL K.P., W/O. HARIKUMAR S.G., KARIPPEATHARA HOUSE, CHEMMANATHUKARA PO, VAIKOM, KOTTAYAM - 686606 (ASSISTANT TEACHER, ROYAL SCHOOL FOR HEARING IMPAIRED, NELLIKKUZHY PO, KOTHAMANGALAM - 686691) BY ADV S.SUBHASH CHAND` ## **`RESPONDENTS:`** - `1 THE STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695001.` - `2 THE DIRECTOR OF GENERAL EDUCATION (FORMERLY DIRECTOR OF PUBLIC INSTRUCTIONS), OFFICE OF THE DIRECTOR OF GENERAL EDUCATION, THIRUVANANTHAPURAM - 695 001.` - `3 THE DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, KOTHAMANGALAM - 686691.` - `4 THE CORPORATE MANAGER (THE SECRETARY), ROYAL CHARITABLE TRUST, ROYAL SCHOOL FOR HEARING IMPAIRED, NELLIKKUZHY PO, KOTHAMANGALAM - 686691.` ``` BY ADV SRUTHI S. SEKHAR ``` ``` SMT.SURYA BINOY, GP ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` WP(C).No.41488/2022 **2** ## **P.V.KUNHIKRISHNAN, J. -------------------------------W.P.(C).No.41488 of 2022 ---------------------------------------------Dated this the 02[nd] day of June, 2023** ## **JUDGMENT** This writ petition is filed with following prayers: - i. To issue a writ in the nature of certiorari or any other appropriate writ or order quashing Ext.P14 order of respondent No. 1. 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 submitted by the petitioners with notice and opportunity of hearing to the petitioners and respondent No.4 in the light of Exts.P2 to P8, P12 & P13 orders, untrammeled by the findings and observations contained in Ext.P14 Government order within such time as this Hon'ble Court may deem fit and proper in the interest of justice. iii. To issue a writ in the nature of mandamus or any other appropriate writ or order directing respondent Nos.1 to 3 to approve the WP(C).No.41488/2022 **3** appointments of the petitioners as Assistant Teachers as per Exts.P3, P4 & P5 orders with effect from 11/1/2013. 11/1/2013 and 2/6/2014 onwards in the light of Ext. P2 Government order and Exts. P6 to P8, P12 & P13 orders within such time this Hon'ble Court may deem fit and proper in the interest of justice. iv. To issue a declaration that the petitioners are entitled to have their appointments evidenced by Exts. P3, P4 & P5 approved with effect from 11/1/2013, 11/1/2013 and 2/6/2014 respectively as Assistant Teachers in the light of Exts.P2 to P8, P12 & P13 and denial of the same by Ext.P14 order without hearing the petitioners is absolutely arbitrary and unconstitutional being violative of Articles 14 & 21 of the Constitution of India rendering the same liable to be struck down by this Hon'ble Court. 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. vi. To dispense with the translation of documents in vernacular language. ## (SIC) 2. Petitioners submitted that the Royal School for Hearing Impaired at Nellikkuzhy in Kothamangalam was functioning as an unaided under the 4[th] respondent. The said WP(C).No.41488/2022 **4** school was following Ext.P1 Government Order in the matter of its functioning. While so, by Ext.P2 Government Order dated 20.09.2012, the 1[st] respondent had accorded aided school status to the above school. Therefore, going by the provisions contained in section 9 r/w Chapter XIVA KER and Ext.P1 Government order, the 1[st] respondent was liable to disburse salary and allowances to the teachers working in the above school is the submission. Pursuant to Ext.P2 Government Order, the 4[th] respondent had appointed the petitioners as Assistant Teachers in the above school with effect from 11.01.2013, 11.01.2013 and 02.06.2014 respectively by Exts.P3, P4 and P5 appointment orders. Now as evidenced by Exts. P6 to P6(e), the petitioners have joined the school and started working from the above dates itself. However, the Government sanctioned separate posts for the above school along with few other schools only by Ext.P9 Government Order dated 16.02.2015. It is submitted that it was mainly on account of the delay on the part of the 2[nd] respondent in the matter of submitting the requisite proposal for sanctioning the posts. It is also submitted that as evident WP(C).No.41488/2022 **5** by Exts.P7 and P8, the sanctioning of the posts ought to have happened simultaneously with the grant of aided school status. Banking upon Ext.P9 Government Order, the 3[rd] respondent approved the appointments of the petitioners only with effect from 01.6.2015 is the submission. The petitioners approached the 1[st] respondent and challenged the same by way of a revision petition evidenced by Ext.P11 and the same is still pending before the Government in file No.R2/224/2020. However, without considering any of the relevant questions of law or fact and without affording an opportunity of hearing, the 1[st] respondent has now passed Ext.P14 order on a revision petition submitted by the 4[th] respondent and held that the appointments of the petitioners could be approved only with effect from 01.06.2015 only. The petitioners’ revision is even now pending. Hence this writ petition. 3. Heard the learned counsel for the petitioners and the learned Government Pleader. 4. After hearing both sides, I am of the considered opinion that when the revision filed by the petitioners is pending, the Government ought to have considered that revision also along with the revision submitted by the 4[th] WP(C).No.41488/2022 **6** respondent. Therefore, I am of the view that Ext.P14 can be set aside and there can be a direction to the Government to reconsider the same. I make it clear that I have not considered the matter on merit and the Government is free to pass appropriate orders. But, before passing final orders, the petitioners, the 4[th] respondent and other affected parties should be heard. Therefore, this writ petition is disposed of in the following manner: 1. Ext.P14 is set aside. 2. The 1[st] respondent is directed to reconsider the revision submitted by the petitioners and the 4[th] respondent and pass appropriate orders in those revisions, after affording an opportunity of hearing to the petitioners, the 4[th] respondent and other affected parties, if any, as expeditiously as possible, at any rate, within four months from the date of receipt of a stamped certified copy of this judgment. 3. The petitioners will produce a stamped certified copy of this judgment along with a copy of this WP(C).No.41488/2022 **7** writ petition before the 1[st] respondent for compliance. JV sd/- **P.V.KUNHIKRISHNAN JUDGE** WP(C).No.41488/2022 **8** ## **`APPENDIX OF WP(C) 41488/2022`** ## `PETITIONER EXHIBITS` |`Exhibit P1`||`TRUE COPY OF THE TYPED COPY OF THE`| |---|---|---| |||`ORDER GOVERNMENT BEARING NO.`| |||`198/79/G.EDN. DATED 22/11/1979 .`| |`Exhibit P2`||`TRUE COPY OF THE TYPED COPY OF THE`| |||`GOVERNMENT ORDER BEARING NO.`| |||`292/2012/G.EDN. DATED 20/9/2012.`| |`Exhibit P3`||`TRUE COPY OF THE APPOINTMENT ORDER OF`| |||`PETITIONER NO. 1 AS ASSISTANT TEACHER`| |||`UNDER EXT. P1 GOVERNMENT ORDER WITH`| |||`EFFECT FROM 11/1/2013 IN THE ABOVE`| |||`SCHOOL BY RESPONDENT NO. 4.`| |`Exhibit P4`||`TRUE COPY OF THE APPOINTMENT ORDER OF`| |||`PETITIONER NO. 2 AS ASSISTANT TEACHER`| |||`UNDER EXT. P1 GOVERNMENT ORDER WITH`| |||`EFFECT FROM 11/1/2013 IN THE ABOVE`| |||`SCHOOL BY RESPONDENT NO. 4.`| |`Exhibit P5`||`TRUE COPY OF THE APPOINTMENT ORDER OF`| |||`PETITIONER NO. 3 AS ASSISTANT TEACHER`| |||`UNDER EXT. P1 GOVERNMENT ORDER WITH`| |||`EFFECT FROM 2/6/2014 IN THE ABOVE`| |||`SCHOOL BY RESPONDENT NO. 4.`| |`Exhibit P6`||`TRUE COPY OF THE RELEVANT PAGE OFF THE`| |||`TEACHERS ATTENDANCE REGISTER FOR THE`| |||`MONTH OF JANUARY, 2013.`| |`Exhibit P6`|`A`|`TRUE COPY OF THE RELEVANT PAGE OFF THE`| |||`TEACHERS ATTENDANCE REGISTER FOR THE`| |||`MONTH OF FEBRUARY, 2013.`| |`Exhibit P6`|`B`|`TRUE COPY OF THE RELEVANT PAGE OFF THE`| |||`TEACHERS ATTENDANCE REGISTER FOR THE`| |||`MONTH OF JUNE, 2013.`| |`Exhibit P6`|`C`|`TRUE COPY OF THE RELEVANT PAGE OFF THE`| |||`TEACHERS ATTENDANCE REGISTER FOR THE`| |||`MONTH OF JULY, 2014.`| |`Exhibit P6`|`D`|`TRUE COPY OF THE RELEVANT PAGE OFF THE`| |||`TEACHERS ATTENDANCE REGISTER FOR THE`| |||`MONTH OF JUNE, 2014.`| |`Exhibit P6`|`E`|`TRUE COPY OF THE RELEVANT PAGE OFF THE`| |||`TEACHERS ATTENDANCE REGISTER FOR THE`| |||`MONTH OF JUNE, 2015.`| WP(C).No.41488/2022 **9** - `Exhibit P7 TRUE COPY OF THE GOVERNMENT ORDER BEARING GO NO. 338/05/G.EDN. DATED 27/8/2005.` - `Exhibit P8 TRUE COPY OF THE GOVERNMENT ORDER DATED 10/9/2007 ISSUED BY RESPONDENT NO. 2.` - `Exhibit P9 TRUE COPY OF THE GOVERNMENT ORDER BEARING GO(MS) NO. 50/2015/G.EDN. DATED 16/2/2015 ISSUED BY RESPONDENT NO. 1.` - `Exhibit P10 TRUE COPY OF THE GOVERNMENT ORDER BEARING GO NO. 4651/2017/G.EDN. DATED 1/12/2017 ISSUED BY RESPONDENT NO. 1.` - `Exhibit P11 TRUE COPY OF THE REPRESENTATION REVISION PETITION DATED 18/11/2020 IS SUBMITTED BY THE PETITIONERS BEFORE RESPONDENT NO. 1` - `Exhibit P12 TRUE ONLINE COPY OF THE ORDER OF THE HON'BLE APEX COURT IN CIVIL APPEAL NO. 3534/2016.` ``` Exhibit P13TRUE COPY OF THE GOVERNMENT ORDER BEARING GO NO. 146/2018/G.EDN. DATED 8/10/2018 ISSUED BY RESPONDENT NO. 1. Exhibit P14TRUE COPY OF THE ORDER BEARING GO(RT) NO. 6562/2022/G.EDN. DATED 8/11/2022. ```