Liji Joy v. State of Kerala and others
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
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 Name | Citation | Treatment | Explanation |
|---|---|---|---|
| Sudheer T. v. M.V.Susheela and others | 2009 (4) KLT 29 | Positive | Court 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 991 | Mentioned Only | Exhibit P6 references this decision but the judgment text does not discuss its merits. | |
| WPC 38114/2018 | Mentioned Only | Exhibit P18 cites this judgment; case name not provided in text. | |
| WPC 37644/2017 | Mentioned Only | Exhibit P19 cites this judgment; case name not provided in text. |
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