High Court of KeralaSingle JudgeWrit petition disposed of with directions to co...

Liji Joy v. State of Kerala and others

Case / Petition Number:WP(C) NO. 25505 OF 2021

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • Raja Vijayaraghavan V.
Judgment Date
2021-12-02
Court Decision / Holding
There will be a direction to the 1st respondent to take up, consider and pass appropriate orders on Exhibit-P7, in the light of Exhibit-P8 to P19, insofar as they are applicable, as per procedure and in adherence to the provisions of law, after affording an opportunity of being heard, either physically or virtually, to the petitioner herein or her authorised representative and the respondents 6 to 8. Orders, as directed above, shall be passed expeditiously, in any event, within a period of three months from the date of production of a copy of this judgment. It would be open to the petitioner to produce a copy of the writ petition along with the judgment before the concerned respondent for further action.
Final Disposition
Writ petition disposed of with directions to consider Ext.P7 after hearing and in light of Exts.P8–P19 within three months; petitioner may produce the copy of the judgment along with writ petition for further action.

Parties to the Case

Appellants / Petitioners

  • Liji Joy

Respondents

  • The State of Kerala represented by its Secretary to Government, General Education Department, Secretariat Annex II, Thiruvananthapuram-695001
  • The Director of General Education, Jagathy, Thiruvananthapuram-695014
  • The Deputy Director of Education, Thrissur-686003
  • The District Educational Officer, Chavakkad, Thrissur District-680506
  • The Corporate Manager, Corporate Educational Agency, Arch Diocese of Thrissur, Thrissur District-680001
  • The Headmaster, St.FX RC UP School, Vadanapally, Thrissur District-680614
  • The Headmaster, St.Antony's HSS, Ammadam, Thrissur District-680563

Legal Representation & Advocates

Counsels for Petitioners

  • • V. A. Muhammed
  • • M. Sajjad

Counsels for Respondents

  • • Bijoy Chandran

Case Synopsis & Summary

This is a writ petition (Civil) filed in the Kerala High Court by Liji Joy, UPSA at St. FX RC UP School, Vadanappally, challenging non‑approval of her appointment and seeking quashing of Government orders (Exhibits P3–P5) and directions to approve her appointment from 03.06.2013 onward. The petitioner contends that though she was appointed as UPSA in 2013, the approval was not granted; she was transferred to St. Thomas HSS, Mayannoor, and that appointment was later approved in 2014. She relies on Government Order/Policy: G.O (P) No.29/16/G.Edn. (29.01.2016) and related staff fixation orders (Exts. P12–P17) which allegedly directed approvals against vacancies based on student strength during 2011–2016. Ext.P5 (a revision petition denial) is challenged as casual and not in accordance with constitutional procedure. The petitioner has also filed Ext.P7 as a review petition and seeks a direction to the 1st respondent to decide Ext.P7 after considering Exts. P8–P19 with opportunity of hearing. The respondent counsel is the Senior Government Pleader. The Court relies on the principle from Sudheer T. v. M.V.Susheela and others to insist that government orders in revision petitions must be disposed of in accordance with Article 166 of the Constitution and the rules of business, and that Ext.P5 does not satisfy those essentials. The petition is disposed of with directions to decide Ext.P7 in light of Exts. P8–P19 within three months, after hearing, and for the petitioner to furnish a copy of the judgment along with the writ petition for further action.

Provisions of Law Cited

Article 166 of the Constitution of India (read with the rules of business)

Legal Doctrines & Maxims

  • Principle: Government orders in revision petitions must be disposed of in accordance with Article 166 of the Constitution read with the rules of business.
  • Audi alteram partem (opportunity of hearing)

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner submits that her UPSA appointment, dated 3.6.2013, has not been approved; she was transferred to St. Thomas Higher Secondary School and the appointment there was approved from 15.07.2014. She relies on G.O. (P) No.29/16/G.Edn. (29-01-2016) and related Exts P12–P17 to show that staff fixation orders were to be issued for 2011–2016 based on student strength, and that the Government’s revision must consider vacancies during those years. Ext.P5 (revision petition denial) is challenged as casual and not in compliance with constitutional procedure; Ext.P7 (review) is pending, and the petitioner seeks quashing of Exts P3–P5 and a direction to decide Ext.P7 after considering Exts P8–P19, with hearing and in accordance with law.

Contentions of Respondents

The respondents contend that Ext.P5 (revision petition denial) was a valid exercise of the Government’s revisional power and governed by the relevant rules and circulars. They rely on staff fixation orders and Government orders to support the ongoing processes. They maintain that Ext.P7 remains to be considered and that any decision must follow due procedure and applicable law.

Cited Precedents (4)

Case NameCitationTreatmentExplanation
Sudheer T. v. M.V.Susheela and others2009 (4) KLT 29PositiveCourt relied on the principle that government revision/appealable orders must be disposed of under Article 166 read with the rules of business.
2009 (3) KHC 991Mentioned OnlyExhibit P6 references this decision but the judgment text does not discuss its merits.
WPC 38114/2018Mentioned OnlyExhibit P18 cites this judgment; case name not provided in text.
WPC 37644/2017Mentioned OnlyExhibit P19 cites this judgment; case name not provided in text.

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Extracted Judgment Text

Exact text extracted from official judgment records.

**WP(C) NO. 25505 OF 2021 1** # **IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT** **THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V THURSDAY, THE 2[ND] DAY OF DECEMBER 2021 / 11TH AGRAHAYANA, 1943 WP(C) NO. 25505 OF 2021** ## **PETITIONER/S:** LIJI JOY, AGED 39 YEARS, WIFE OF BABURAJ A.A., UPPER PRIMARY SCHOOL ASSISTANT, ST.FX RC UP SCHOOL, VADANAPALLY, THRISSUR DISTRICT-680 614. BY ADVS. V.A.MUHAMMED M.SAJJAD(S-72) ## **RESPONDENT/S:** 1 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE-II, THIRUVANANTHAPURAM-695 001. 2 THE DIRECTOR OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM-695 014. 3 THE DEPUTY DIRECTOR OF EDUCATION, THRISSUR-686 003. 4 THE DISTRICT EDUCATIONAL OFFICER, CHAVAKKAD, THRISSUR DISTRICT-680 506. 5 THE CORPORATE MANAGER, CORPORATE EDUCATIONAL AGENCY, ARCH DIOCESE OF THRISSUR, THRISSUR DISTRICT-680 001. **WP(C) NO. 25505 OF 2021 2** 6 THE HEADMASTER, ST.FX RC UP SCHOOL, VADANAPALLY, THRISSUR DISTRICT680 614. 7 THE HEADMASTER, ST.ANTONY'S HSS, AMMADAM, THRISSUR DISTRICT-680 563. SRI BIJOY CHANDRAN, SR GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: **WP(C) NO. 25505 OF 2021** **3** ## **JUDGMENT** The petitioner states that she is working as UPSA in the St. FX RC UP School, Vadanappally, an aided School managed by the 6th respondent Corporate Educational Agency. Though the petitioner was appointed as UPSA with effect from 03.06.2013, the appointment was not approved. While so, she was transferred against an additional division vacancy at St.Thomas Higher Secondary School, Mayannoor, another school under the very same management, and her appointment was approved with effect from 15.07.2014. It is contended that though the Government vide G.O (P) No.29/16/G.Edn. dated 29.1.2016 had ordered to issue revised staff fixation order based on the student strength for the academic years 2011-2012 to 2015-2016, by Ext.P12 to P17 orders, directions have been issued to approve the appointments effected during the years 2011-2012 to 2015-2016 against the vacancies available during that period on following the staff fixation order for the academic year 2010-2011. Stating all these contentions, the petitioner moved a revision petition before the Government. However, by Ext.P5 letter issued by an Under Secretary, the revision petition was dismissed. The petitioner contends that Ext.P5 cannot be sustained for more reasons than one. In the said circumstances, the petitioner states that she has preferred **WP(C) NO. 25505 OF 2021** **4** Ext.P7 review petition before the Government. It is in the afore circumstances that the petitioner has approached this Court seeking to quash Exhibits-P3 to P5, for a further direction to the respondents to grant approval to the appointment of the petitioner as UPSA from 03.06.2013 onwards and also for a direction to the 1st respondent to take a decision on Exhibit-P7 after adverting to Ext.P8 to P19. 2. I have heard Sri.M.Sajjad, the learned counsel appearing for the petitioner and Sri.Bijoy Chandran, the learned Senior Government Pleader. 3. Having considered the submissions, I find that the revision petition filed by the petitioner has been casually rejected by Ext.P5, which is a letter issued by the Secretary to the Government to the Corporate Manager. This Court, in **Sudheer T. v. M.V.Susheela and others** [2009 (4) KLT 29] have laid down the principles emphasising the manner in which statutory appeals and revisions are preferred by an aggrieved person before the Government are to be disposed of. This Court had emphatically held that whatever be the nature of jurisdiction, whether it be appellate or revisional, conferred on the Government, the decision has to be taken as provided under Article 166 of the Constitution of India read with the relevant rules of business. The impugned order will not satisfy the essentials of an executive **WP(C) NO. 25505 OF 2021** **5** order passed by the Government in a revision petition filed by an aggrieved person. In that view of the matter, I am unable to sustain Ext.P5. I find that the petitioner has preferred Ext.P7 styled as a review petition before the Government and the same is pending. In view of the order above, I am of the opinion that necessary directions can be issued to the 1st respondent to consider Ext.P7 and take a decision in accordance with law. 4. In that view of the matter, this writ petition is ordered and the following directions are issued: a) There will be a direction to the 1st respondent to take up, consider and pass appropriate orders on Exhibit-P7, in the light of Exhibit-P8 to P19, insofar as they are applicable, as per procedure and in adherence to the provisions of law, after affording an opportunity of being heard, either physically or virtually, to the petitioner herein or her authorised representative and the respondents 6 to 8. b) Orders, as directed above, shall be passed expeditiously, in any event, within a period of three months from the date of production of a copy of this judgment. c) It would be open to the petitioner to produce a copy of the **WP(C) NO. 25505 OF 2021** **6** writ petition along with the judgment before the concerned respondent for further action. This writ petition is disposed of. **Sd/-** **RAJA VIJAYARAGHAVAN V** **JUDGE** DSV **WP(C) NO. 25505 OF 2021** **7** ## **APPENDIX OF WP(C) 25505/2021** PETITIONER (S) EXHIBITS: Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 3.6.2013. - Exhibit P2 TRUE COPY OF THE APPOINTMENT ORDER OF SRI. SHYNE K.L. DATED 3.6.2013. - Exhibit P3 TRUE COPY OF ORDER NO.B1/4744/2013 DATED 25.9.2014 OF THE DEO, THRISSUR. - Exhibit P4 TRUE COPY OF THE ORDER NO.EC4/47438/2017/DPI/K.DIS. DATED 26.8.2017 OF THE ADDL. DIRECTOR OF GENERAL EDUCATION. - Exhibit P5 TRUE COPY OF THE GOVERNMENT LETTER NO.B2/281/2018/G.EDN. DATED 5.1.2021 ADDRESSING THE CORPORATE MANAGER. - Exhibit P6 TRUE COPY OF THE DECISION REPORTED IN 2009 (3) KHC 991 DATED 9.9.2009. - Exhibit P7 TRUE COPY OF THE REVIEW PETITION SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT DATED 25.8.2021. Exhibit P8 TRUE COPY OF THE G.O.(P) NO.199/11/G.EDN. DATED 1.10.2011. Exhibit P9 TRUE COPY OF THE GOVERNMENT CIRCULAR NO.31904/J 2/12/G.EDN. DATED 6.6.2012. Exhibit P10 TRUE COPY OF THE GOVERNMENT CIRCULAR NO.45285/J2/13/G.EDN. DATED 30.7.2013. Exhibit P11 TRUE COPY OF THE CIRCULAR NO.49982/J2/12/G.EDN. DATED 10.9.2012 OF THE DIRECTOR **WP(C) NO. 25505 OF 2021** **8** |Exhibit P12|TRUE COPY OF THE ORDER| |---|---| ||NO.EC(4)/41467/17/DPI/K.DIS DATED| ||26.7.2017 OF THE DIRECTOR.| |Exhibit P13|TRUE COPY OF THE G.O(RT)| ||NO.2684/17/G.EDN. DATED 9.8.2017.| |Exhibit P14|TRUE COPY OF THE G.O(RT)| ||NO.1283/2020/G.EDN DATED 13.3.2020.| |Exhibit P15|TRUE COPY OF THE G.O(RT)| ||NO.5672/2019/G.EDN DATED 27.12.2019.| |Exhibit P16|TRUE COPY OF THE G.O(RT)| ||NO.3510/2019/G.EDN DATED 2.9.2019.| |Exhibit P17|TRUE COPY OF THE G.O(RT)| ||NO.1141/2019/G.EDN DATED 23.3.2019.| |Exhibit P18|TRUE COPY OF THE JUDGMENT IN WPC NO.38114| ||OF 2018 DATED 15.1.2021.| |Exhibit P19|TRUE COPY OF THE JUDGMENT IN WPC| ||NO.37644/2017 DATED 24.5.2019.| RESPONDENT (S) EXHIBITS: NIL