MARYKUTTY J. NIRAPPEL v. THE DIRECTOR GENERAL OF EDUCATION, GENERAL EDUCATION DEPARTMENT, JAGATHY, THIRUVANANTHAPURAM & Others

**WP(C) NO. 19247 OF 2022** **1** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 17[TH] DAY OF FEBRUARY 2023 / 28TH MAGHA, 1944** **WP(C) NO. 19247 OF 2022** ## **PETITIONER/S:** MARYKUTTY J. NIRAPPEL, W/O. GEORGE JOSEPH, MANAYATH HOUSE, KUDATHUOOR P.O., IDUKKI DISTRICT-685590. BY ADV O.D.SIVADAS ## **RESPONDENT/S:** |1|THE DIRECTOR GENERAL OF EDUCATION,| |---|---| ||GENERAL EDUCATION DEPARTMENT, JAGATHY| ||THIRUVANANTHAPURAM-695014.| |2|THE DEPUTY DIRECTOR OF EDUCATION,| ||GENERAL EDUCATION DEPARTMENT, CIVIL STATION,| ||KOTTAYAM-686001.| |3|THE DISTRICT EDUCATIONAL OFFICER,| ||GENERAL EDUCATION DEPARTMENT, TIRUNAKKARA, KOTTAYAM-| ||686001.| |4|THE DISTRICT EDUCATIONAL OFFICER,| ||GENERAL EDUCATION DEPARTMENT, KANJIRAPPALLI,| ||KOTTAYAM DISTRICT-686506.| |5|THE DISTRICT EDUCATIONAL OFFICER,| ||GENERAL EDUCATION DEPARTMENT, PALA, KOTTAYAM| ||DISTRICT-686575.| |6|THE ASSISTANT EDUCATIONAL OFFICER,| ||GENERAL EDUCATION DEPARTMENT, PALA, KOTTAYAM| **WP(C) NO. 19247 OF 2022** **2** ||DISTRICT-686575.| |---|---| |7|THE ASSISTANT EDUCATIONAL OFFICER,| ||GENERAL EDUCATION DEPARTMENT, KURAVILANGAD, KOTTAYAM| ||DISTRICT-686633.| |8|THE ASSISTANT EDUCATIONAL OFFICER,| ||GENERAL EDUCATION DEPARTMENT, RAMAPURAM, KOTTAYAM| ||DISTRICT-686525.| |9|THE ASSISTANT EDUCATIONAL OFFICER,| ||GENERAL EDUCATION DEPARTMENT, ERATTUPETTA, KOTTAYAM| ||DISTRICT-686121.| |10|THE ASSISTANT EDUCATIONAL OFFICER,| ||GENERAL EDUCATION DEPARTMENT, KOZHUVANAL, KOTTAYAM| ||DISTRICT-686573.| |11|THE ASSISTANT EDUCATIONAL OFFICER,| ||GENERAL EDUCATION DEPARTMENT, ETTUMANOOR, KOTTAYAM| ||DISTRICT-686631.| |12|THE ASSISTANT EDUCATIONAL OFFICER,| ||GENERAL EDUCATION DEPARTMENT, KARUKACHAL, KOTTAYAM| ||DISTRICT-686539.| |13|THE ASSISTANT EDUCATIONAL OFFICER,| ||GENERAL EDUCATION DEPARTMENT, KOTTAYAM WEST,| ||KOTTAYAM DISTRICT-686003.| |14|THE ASSISTANT EDUCATIONAL OFFICER,| ||GENERAL EDUCATION DEPARTMENT, KOTTAYAM EAST,| ||KOTTAYAM DISTRICT-686001.| |15|THE ASSISTANT EDUCATIONAL OFFICER,| ||GENERAL EDUCATION DEPARTMENT, CHENGANACHERRY,| ||KOTTAYAM DISTRICT-686101.| |16|THE ASSISTANT EDUCATIONAL OFFICER,| ||GENERAL EDUCATION DEPARTMENT, PAMPADY, KOTTAYAM| **WP(C) NO. 19247 OF 2022** **3** DISTRICT-686502. 17 THE ASSISTANT EDUCATIONAL OFFICER, GENERAL EDUCATION DEPARTMENT, KANJIRAPPALLY, PONKUNNAM., KOTTAYAM DISTRICT-686506. 18 THE CORPORATE MANAGER, SHALOM PASTORAL CENTRE, DIOCESE OF PALA, PALA, KOTTAYAM DISTRICT-686575. BY ADVS. ADVOCATE GENERAL OFFICE KERALA J.PRAKASH C.VADAKKAN ALVIN T.ABRAHAM C.R.SARADAMANI SHAHID AZEEZ RESHMA SANTHOSH RENJISH S. MENON T.MADHU ## **OTHER PRESENT:** SR GP SMT SURYA BINOY, SRI T MADHU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: **WP(C) NO. 19247 OF 2022** **4** ## **P.V.KUNHIKRISHNAN, J** **--------------------------------------W.P.(C) No.19247 of 2022 -------------------------------------Dated this the 17[th] day of February, 2023** ## **JUDGMENT** ## The above writ petition is filed with following prayers : “i. Issue a writ of mandamus or any other appropriate writ, order or direction commanding the 18[th] respondent, the Corporate Manager to appoint the petitioner as LGPT(Hindi) or LGFT(HIndi) in any of the existing posts under the Educational Agency retrospectively taking note of the claim of the petitioner in accordance under Rule 51A of Chapter XIV A KER. ii. Issue a writ of mandamus or any other appropriate writ, order or direction commanding the respective Educational Authorities to approve the appointment of the petitioner retrospectively in accordance with the claim of the petitioner under Rule 51A of Chapter XIV A KER. Iii. Declare that the non appointment of the petitioner by the Corporate Manager as LGPT(Hindi) or LGFT(Hindi) in **WP(C) NO. 19247 OF 2022** **5** any of the existing posts under the Educational Agency by satisfying the claim under Rule 51A of Chapter XIV A KER is illegal and arbitrary. iv. Issue appropriate writ, order or direction restraining the respondents 1 to 17 in approving the various appointments made by the Corporate Manager, the 18[th] respondent in the Educational Agency. v. Issue appropriate writ, order or direction to the respondents 2 to 17 to furnish the details of appointment of LGPT(Hindi) or LGFT(Hindi) made by the Corporate Manager from 31.3.2007 onwards and the approval made by the respective respondents overlooking the claim of the petitioner Rule 51A of Chapter XIV A KER. vi. grant the petitioner such other reliefs which this Hon’ble Court deem just and fit in the circumstance of the case.” [SIC] 2. The petitioner was appointed as LGPT (Lower Grade Part Time-Hindi) in the vacancy arose at St.George’s UP school, Unnikulam under the corporate management of 18[th] respondent from 05.06.2006 to 31.03.2007 on account of promotion of Smt. Mini Augustine, LGPT (Hindi) as LGFT (Hindi) and transferred to St.Joseph HS Kudakkachira under the same management. The appointment was duly approved by **WP(C) NO. 19247 OF 2022** **6** the Educational Authority is the contention. Hence, the petitioner is a Rule 51A Chapter XIVA KER claimant. It is the submission of the petitioner that in the next vacancy arose in 2007 under the same management, the petitioner was not appointed on regular vacancy. At the same time, the petitioner was engaged in various schools under the same management on leave vacancies on short duration and the petitioner was given salary for such engagement by the management. But, the petitioner was denied the legitimate regular appointment by the Manager being a Rule 51A claimant is the contention. Though, the petitioner had submitted requests to the Manager, there was no action and at the same time, the appointment of the teachers still going on ignoring the claim of the petitioner. Hence, this writ petition is filed seeking direction to the Manager to appoint the petitioner with retrospective effect by accepting the claim of the petitioner under Rule 51A of Chapter XIV A KER. 3. Heard the learned counsel for the petitioner and the **WP(C) NO. 19247 OF 2022** **7** learned Government Pleader. I also heard the learned counsel appearing for the 18[th] respondent. 4. It is an admitted fact that the petitioner is a Rule 51 A claimant. It is also an admitted fact that the petitioner was not appointed in a regular vacancy so far. The counsel for the 18[th] respondent submitted that a representation is pending before the 2[nd] respondent and the same can be directed to be disposed of. The Government Pleader on the other hand submitted that since the petitioner is a Rule 51A claimant, she is entitled the appointment. If that is the case, no direction to the 2[nd] respondent is necessary and the 18[th] respondent is bound to appoint the petitioner under Rule 51A claimant. The counsel appearing for the 18[th] respondent also submitted that the petitioner seeks appointment with retrospective effect. That question can be decided once the petitioner is appointed in a regular vacancy by the 18[th] respondent. That question can be left open. The counsel appearing for the 18[th] respondent submitted that the petitioner was given appointment in the **WP(C) NO. 19247 OF 2022** **8** schools under the Corporate Management. But the counsel for the petitioner submitted that all those appointments are on temporary vacancy. The counsel for the 18[th] respondent submitted that while continuing in the school, she left the school. That is not a reason to deny appointment to a Rule 51A claimant. It is an admitted fact that the petitioner became a Rule 51A claimant in the year 2007, when the vacancy arose. Therefore, there is no reason for denying the appointment to the petitioner forthwith. When this writ petition came up for consideration on 16.06.2022, this Court passed the following order : “The learned Government Pleader takes notice for respondents 1 to 17. Issue notice by speed post to the 18[th] respondent. I have heard Sri.O.D.Sivadas, the learned counsel appearing for the petitioner and the learned Government Pleader. Sri.O.D.Sivadas, the learned counsel appearing for the petitioner contends that the 18[th] respondent is proceeding to appoint teachers without considering the claim of the petitioner herein under Rule 51A Chpater XIVA of the KER. Having regard to the submissions advanced and perusing the records, as an interim measure, there will be a direction to respondents 1 to 17 to grant approval of appointments made by **WP(C) NO. 19247 OF 2022** **9** the 18[th] respondent, the Corporate Manager, only after obtaining orders from this Court.” 5. Thereafter, when the matter came up for consideration on 13.07.2022, this Court passed the following order : “A counter affidavit has been filed by the 18[th] respondent. It is submitted by the learned counsel that while granting interim order on 16.06.2022, directions were issued to the educational authorities to approve appointments made by the 18[th] respondent only after obtaining orders from this Court. According to the learned counsel, the petitioner is an aspirant for the LGPT(Hindi) post alone and there is no justification in interdicting the grant of approval in respect of other appointments made by the Manager. Having considered the submissions,the interdiction ordered on 16.6.2022 will be limited to the LGPT (Hindi) post alone.” It is the definite case of the petitioner that, there are vacancies even now. In the light of the above fact, it is the statutory duty of the management to appoint the petitioner in a regular vacancy. Therefore, this writ petition is allowed in the following manner : 1) The 18[th] respondent is directed to appoint the petitioner **WP(C) NO. 19247 OF 2022** **10** on regular basis as Rule 51A Chapter XIVA KER claimant in the existing vacancy within two weeks from the date of receipt of a copy of this judgment. If there is no existing vacancy, the petitioner shall be accommodated in the next arising vacancy. 2) The question of seniority of the petitioner is left open and the petitioner is free to agitate the same once she is appointed in the school on regular basis. ## **Sd/-** **P.V.KUNHIKRISHNAN JUDGE** SKS **WP(C) NO. 19247 OF 2022** **11** ## **APPENDIX OF WP(C) 19247/2022** |PETITIONER EXHIBITS|| |---|---| |Exhibit P1|TRUE COPY OF THE APPOINTMENT ORDER DATED| ||05/06/2006 ISSUED BY THE CORPORATE| ||MANAGER.| |Exhibit P2|TRUE COPY OF THE REPLY DATED 05/03/2022| ||RECEIVED UNDER THE RTI ACT FROM ASSISTANT| ||EDUCATIONAL OFFICER, PALA.| |Exhibit P3|TRUE COPY OF THE REPLY DATED 17/03/2022| ||RECEIVED UNDER THE RTI ACT FROM ASSISTANT| ||EDUCATIONAL OFFICER, KURAVILANGAD.| |Exhibit P4|TRUE COPY OF THE REPLY DATED 08/03/2022| ||RECEIVED UNDER THE RTI ACT FROM ASSISTANT| ||EDUCATIONAL OFFICER, RAMAPURAM.| |Exhibit P5|TRUE COPY OF THE REPLY DATED 08/03/2022| ||RECEIVED UNDER THE RTI ACT FROM ASSISTANT| ||EDUCATIONAL OFFICER, ERATTUPETTA.| |Exhibit P6|TRUE COPY OF THE REQUEST DATED 23/02/2022| ||SUBMITTED BU THE PETITIONER TO THE| ||CORPORATE MANAGER.| |Exhibit P7|TRUE COPY OF THE REQUEST DATED 23/04/2022| ||SUBMITTED BY THE PETITIONER TO THE DEPUTY| ||DIRECTOR OF EDUCATION.| |RESPONDENT EXHIBITS|| |Exhibit R18 a|TRUE COPY OF THE ORDER DATED 4.8.2014| ||PASSED BY THE ASSISTANT EDUCATIONAL| ||OFFICER, KOOTHATTUKULAM| |Exhibit R18 b|TRUE COPY OF THE COMMUNICATION DATED| ||13.6.2015 ADDRESSED BY THE HEADMISTRESS,| ||ST XAVIER'S UPPER PRIMARY SCHOOL, KOORU TO| ||THE RESPONDENT NO 18|