Pranav K P and others v. State of Kerala and others

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN** **MONDAY, THE 19[TH] DAY OF DECEMBER 2022 / 28TH AGRAHAYANA, 1944** ## **WP(C) NO.16668 OF 2022** ## **- PETITIONERS :** 1 PRANAV K P, AGED 31 YEARS S/O.VASU K.P., PRANAVAM HOUSE, SOUTH THRIKKARIPPUR, ELAMBACHI P.O., KASARAGODE DISTRICT, PIN-671 311. 2 VASANTHAKUMAR K., AGED 37 YEARS, PALLANCHI HOUSE, MULLERIA VIA, PANDI P.O., KASARAGODE DISTRICT-671 534. 3 SHOBHA V., AGED 44 YEARS, W/O.DEVADAS, KATTUKULANGARA, AJANUR, ANANDASRAMAM (VIA), KASARAGODE DISTRICT, PIN-671 531. 4 UNNIKRISHNAN C.M., AGED 37 YEARS, S/O.MADHAVAN NAMBOODIRI, CHEERAVALLI ILLOM, PUTHUR, PILATHARA, KANNUR DISTRICT, PIN-670 504. 5 SREEJA K., AGED 50 YEARS, KRISHNA NIVAS, VALIYAPURAM PARAMBA, EDAKKADU P.O., KANNUR-670 663. 6 HASEEBA, AGED 31 YEARS, HASEEBA NIVAS, BEHIND ROYAL ENFIELD SHOWROOM, CHIRAKKARA P.O., THALASSERY, KANNUR DISTRICT, PIN-670 104. BY ADVS. K.K.SAIDALAVI K.K.NASRUL HAQUE **-** 1 THE STATE OF KERALA REPRESENTED BY THE SECRETARY, GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2 THE DIRECTOR OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM-695 014 3 DEPUTY DIRECTOR OF EDUCATION, GENERAL EDUCATION DEPARTMENT, CIVIL STATION, ## **- RESPONDENTS :** WP(C) NO.16668 OF 2022 -: 2 :- KASARAGOD-671 123 ADDL.4 BINCY P.J. UDUMBASSERI HOUSE, KIDANGOOR P.O., PIRAYAR, KOTTAYAM DISTRICT, KERALA, PIN – 686 572. ADDL.5 ABDUL KHADAR T.M. S/O.MOIDEEN KUNHI, THERVANAM MOOLAYIL, PANALAM, CHEROOR P.O., KASARAGODE DISTRICT, PIN – 671 121. ADDL.6 NIDHISH BHARATH RAJ K.V. KAROL, VADAKKE VEEDU, KARUVACHERI, PAYYANNUR, KANNUR – 670 307. ADDL.7 DEVARAJ.M. BALANCHANDRAN HOUSE, PALAKKAL, ARAYI P.O., KANHANGAD SOUTH, PIN – 671 531. ADDL.8 NIKHIL RAJ ANINHA, KOOLIKUNNU P.O., KASARAGODE DISTRICT, PIN – 671 541. ADDL.9 SATHYANATHA A. ANNEPALLADKA HOUSE, NEERCHAL P.O., KUMBALA (VIA), KASARAGODE – 671 321. ADDITIONAL RESPONDENTS 4 TO 9 ARE IMPLEADED AS PER ORDER DATED 19.12.2022 IN I.A.No.2/2022. BY SRI.V.K.SUNIL, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.16668 OF 2022 -: 3 :- ## JUDGMENT ## Dated this the 19th day of December, 2022 This writ petition is filed seeking the following reliefs :- - “(i) Issue a writ of certiorari or any other appropriate writ or order to quash the proceedings initiated pursuant to Exhibit P4. - (ii) Issue a writ of mandamus or any other appropriate writ, order or direction commanding the 2[nd] and 3[rd] respondents not to terminate the petitioners from the present employment.” 2. Heard the learned counsel for the petitioner and the learned Government Pleader quite in extenso. 3. It is submitted by the learned counsel for the petitioners that the petitioners had been engaged on contract basis in different posts under the Government Special Schools. The 1[st] petitioner was appointed on contract basis on 19.9.2014 as Office Assistant cum DTP Operator, the 2[nd] petitioner was appointed on 14.7.2016 as Watchman cum Sweeper, the 3[rd] petitioner was appointed as Office Attendant on 3.8.2017, the 4[th] petitioner as Librarian on 22.1.2018, the 5[th] petitioner as Lecturer in Special Education on 6.8.2018 and the 6[th] petitioner as Lecturer in Psychology on 16.8.2021. It is WP(C) NO.16668 OF 2022 -: 4 :- submitted that while they were continuing as such, Ext.P4 communication was issued by the 2[nd] respondent to all Deputy Directors of Education in the three districts where Government Special Schools are functioning directing the issuance of fresh notifications and conduct of fresh selections to the posts in the said schools. It is submitted that there were no vacancies since the petitioners holding the posts. However, it is submitted that in the light of Ext.P4 letter, proceedings were initiated to appoint fresh candidates to the posts held by the petitioners. The learned counsel for the petitioners places reliance on the decision of the Apex Court in State of Haryana and others v. Piara Singh and others [(1992) 4 SCC 118] and contends that the petitioners are liable to be continued in service. 4. When the writ petition was admitted, an interim order was passed on 23.5.2022, which reads as follows :- “Learned Government Pleader to get instructions. The petitioners shall not be terminated from service, if notification and interview for appointment to the post occupied by the petitioners was not conducted pursuant to Ext.P4. This order will have effect only if the petitioners are still in service. Post on 26.5.2022.” WP(C) NO.16668 OF 2022 -: 5 :- Thereafter, on 26.5.2022, this Court directed the 3[rd] respondent to file a counter affidavit, producing the notification by which applications were invited as also the documents pertaining to the interview conducted. The learned counsel for the petitioners would contend that the petitioners have been displaced with persons engaged on contract basis without any proper selection having been conducted. It is submitted that the later interim orders of this Court also stand violated. 5. A detailed counter affidavit has been placed on record by the 3[rd] respondent producing the notifications issued for appointment as also the details of the interviews conducted on 27.4.2022 and 30.4.2022. It is specifically stated that pursuant to Ext.R3(c) notification issued, all the persons working in the Special Schools including the petitioners participated in the interview after submitting due applications and Ext.R3(d) ranked list dated 10.5.2022 was published. It is submitted that the directions in the interim orders were therefore not applicable since the persons who were included in the ranked list had been appointed and were permitted to WP(C) NO.16668 OF 2022 -: 6 :- work even as on the date when the first interim order was passed. It is contended that since the first interim order specified that the petitioners shall not be terminated if notification and interview for appointment to the posts occupied by the petitioners was not conducted pursuant to Ext.P4, there is no question of non-compliance with the said order. 6. The learned Government Pleader would also place reliance on Exts.R3(a) and R3(b) judgments of this Court passed in identical circumstances in respect of contract employees working in Special Schools in Malappuram District. 7. The learned counsel for the petitioners would contend that the situation in Malappuram District and in the petitioners' cases are different in as much as the petitioners had stated in the writ petition that an interview was conducted on 27.4.2022 and that the petitioners had applied, but were not considered. 8. Having considered the contentions advanced on either side, I notice that a notification had admittedly been issued pursuant to Ext.P1 and an interview was conducted on WP(C) NO.16668 OF 2022 -: 7 :- 27.4.2022. It is the specific case of the respondents that the petitioners had participated in the interview conducted on 27.4.2022 and that a ranked list was drawn up on 10.5.2022 pursuant to which appointments were also made. The petitioners had approached this Court on 23.5.2022 knowing fully well that an interview had been conducted pursuant to the notification on 27.4.2022. In the above factual situation, I am of the opinion that the findings in Ext.R3(a) judgment would specifically apply in the instant case as well. In the result, the writ petition fails and the same is, accordingly, dismissed. However, in case there are further vacancies available in the Special Teachers Training Centres, the respondents shall take appropriate steps to notify such posts for appointment and the petitioners will be free to apply if the posts to which they are qualified are notified. Sd/ANU SIVARAMAN JUDGE Jvt/26.12.2022 WP(C) NO.16668 OF 2022 ## -: 8 :- ## **APPENDIX OF WP(C) 16668/2022** ## **PETITIONER EXHIBITS** **Exhibit P1 TRUE COPY OF THE ORDER NO. D2/882/2011 DATED 19.9.2014 ISSUED BY THE 3RD RESPONDENT APPOINTING 1ST PETITIONER Exhibit P1(a) TRUE APPOINTMENT ORDER NO.D2/882/2011 DATED 14.7.2016 ISSUED TO THE 2ND PETITIONER. Exhibit P1(b) TRUE APPOINTMENT ORDER NO.D2/882/2011 DATED 03.08.2017 ISSUED TO THE 3RD PETITIONER. Exhibit P1(c) TRUE APPOINTMENT ORDER NO.D2/882/2011 DATED 22.1.2018 ISSUED TO THE 4TH PETITIONER. Exhibit P1(d) TRUE APPOINTMENT ORDER NO.D2/6019/2018 DATED 6.8.2018 D2/6019/2018 DATED 6.8.2018 ISSUED TO THE 5TH PETITIONER. Exhibit P1(e) TRUE APPOINTMENT ORDER NO.D2/13498/2019 DDE DTD. 16.8.2021 ISSUED TO THE 6TH PETITIONER. Exhibit P2 TRUE COPY OF THE RELEVANT PAGE OF ACQUITTANCE REGISTER (MARCH, 2022) TO SHOW THE LAST SALARY OBTAINED BY THE PETITIONERS Exhibit P3 TRUE COPY OF THE RELEVANT PAGE OF THE ATTENDANCE REGISTER Exhibit P4 TRUE COPY OF THE LETTER NO. M1/451708/2022/DGE, DATED 22.4.2022 ISSUED BY THE 2ND RESPONDENT Exhibit P5 TRUE COPY OF THE ORDER DATED 26/5/2022 IN WPC NO.16668/2022 Exhibit P6 TRUE COPY OF THE COMMUNICATION NO.M1/201803/2020/DGE DATED 23/2/2022 ISSUED BY THE 2ND RESPONDENT Exhibit P7 TRUE COPY OF THE NO.D2/8280/2021/DDE DATED 25/2/2022 ISSUED BY THE 3RD RESPONDENT TO THE DEO, KASARAGODE Exhibit P5 TRUE COPY OF THE RELEVANT PAGE OF NEWS PAPER** WP(C) NO.16668 OF 2022 -: 9 :- **CUTTING IN DESABHIMANI DATED 28/06/2022. Exhibit P5(a) TRUE COPY OF THE RELEVANT PAGE OF NEWS PAPER CUTTING IN MATHRUBHOOMI DATED 21/07/2022. Exhibit P5(b) TRUE COPY OF THE RELEVANT PAGE OF NEWS PAPER CUTTING IN DESABHIMANI DATED 21/07/2022. Exhibit P5(c) TRUE COPY OF THE RELEVANT PAGE OF NEWS PAPER CUTTING IN DESABHIMANI DATED 22/07/2022. Exhibit P6 TRUE COPY OF THE RELEVANT PAGE OF ATTENDANCE REGISTER FOR THE MONTH OF MAY 2020. Exhibit P6(a) TRUE COPY OF THE RELEVANT PAGE OF ATTENDANCE REGISTER FOR THE MONTH OF JUNE 2022. Exhibit P7 TRUE COPY OF THE RELEVANT PAGE OF RCI GUIDELINES. Exhibit P8 TRUE COPY OF THE APPLICATION FOR MATERNITY LEAVE FILED BEFORE THE 3RD RESPONDENT BY THE 6TH PETITIONER, DATED 10/06/2022. RESPONDENT EXHIBITS Exhibit R3(a) True copy of the Judgment in WP(C) No.15504/2022 Exhibit R3(b) True copy of the Judgment in WA No.1309/2022. Exhibit R3(c) True Copy of the notification in the News paper. Exhibit R3(d) A copy of the rank list dated 10.05.2022. Exhibit R3(e) True copy of the complaint submitted by the students dated 24.05.2022 Exhibit R3(f) A true copy of the letter No.DEO KGD/10087/2022 dated 27.05.2022**