High Court of KeralaSingle Judge2023-04-11Writ petition disposed of by setting aside Ext....

Sayooj Punnakot v. State of Kerala and others

Case / Petition Number:WP(C) No. 4150 of 2023

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: P. V. Kunhikrishnan
Judgment Date: 2023-04-11
Court Decision / Holding: Ext.P10 set aside. 1st respondent directed to reconsider the matter in light of the directions in the judgment dated 13.03.2023 in W.A.No.1445 of 2022 and connected cases, and to decide expeditiously (within three months) after providing an opportunity of hearing, while considering Clause (iv) of Ext.P11. The petitioner must furnish stamped copies of this judgment for compliance.
Final Disposition: Writ petition disposed of by setting aside Ext.P10 and directing reconsideration in light of the 13.03.2023 Division Bench judgment in W.A.No.1445 of 2022 and connected cases, with opportunity of hearing and consideration of Clause IV of Ext.P11; to pass fresh orders within three months and furnish certified copies for compliance.

Parties to the Case

Appellants / Petitioners

Sayooj Punnakot

Respondents

State of Kerala represented by the Secretary to Government, General Education Department, Government Secretariat, Thiruvananthapuram, PIN - 695001
Director of General Education, Office of the Director of General Education, Jagathy, Thiruvananthapuram – 695014
District Educational Officer, Office of the District Educational Officer, Kannhangad, Kasaragode District-671315
Assistant Educational Officer, Office of the Assistant Educational Officer, Cheruvathur, Kasaragod District-671313
Manager, AUP School, Kaithakkad Post, Cheruvathur Kasaragod District-671313
Headmaster, AUP School, Kaithakkad Post, Cheruvathur Kasaragod District-671313

Legal Representation & Advocates

Counsels for Petitioners

• Poovamulle Parambil Abdulkareem

Case Synopsis & Summary

The petitioner, Sayooj Punnakot, an Office Attendant at AUP School Kaithakkad, challenges Exts. P2, P5, P7 and P10, which rejected his appointment in a retirement vacancy on the ground that the school was newly opened/upgraded and hence a protected teacher would be required, with appointment to be considered only from the date of such protected hands as per Rule 7(5) of Chapter XXI KER. He had been appointed from 01/06/2020 and seeks approval from that date with payment of all consequential benefits, relying on Ext. P3 (consent letter) and Exts. P11–P12 (government orders/clarifications). The petitioner argues that there was no protected non-teaching staff in the district at the time of his appointment and no list of protected hands, and that Ext. P9 directing reconsideration should be honoured, along with Ext. P11 Clause (iv). The respondents contend that the policy requires protection for the post via Rule 7(5) of KER and that consideration must align with Circular No. J2/57/2019 and the reservation of disabled persons; Ext.P10 was issued for lack of consent and pre-2019 vacancies. The Court ultimately sets aside Ext. P10, directing reconsideration in light of the 13.03.2023 Division Bench judgment in W.A.No.1445 of 2022 and connected cases, with opportunity of hearing and application of Ext. P11 Clause (iv).

Provisions of Law Cited

Rule 7(5) of Chapter XXI KER

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner contends Exts. P2, P5, P7 and P10 are illegal and unenforceable and seeks approval from 01/06/2020 with all consequential benefits, arguing that there was no protected non-teaching staff in the district at the time of appointment and no list of protected hands. He relies on Ext. P3 consent letter and Exts. P11–P12 (government orders/clarifications) to claim eligibility from the date of appointment, and on Ext. P9 directing reconsideration of the revision. He also prays to dispense with vernacular translation and to grant any other appropriate relief compatible with justice, including consideration of Clause (iv) of Ext. P11.

Contentions of Respondents

The respondents argue that the post in a newly opened/upgraded school requires protection under Rule 7(5) KER for appointment from a later date; Ext P6 directs reconsideration with due regard to Circular No. J2/57/2019; Ext P10 was issued due to lack of consent letter and the policy of reserving disabled persons after 18/11/2018; they contend Ext P11 clarifications and the 2023 Division Bench decision in W.A. No. 1445 of 2022 should be applied to ensure policy compliance. They maintain adherence to statutory rules and the circulars, and contend that the relief sought would undermine the regulatory framework governing protected hands and vacancies.

Cited Precedents (3)

Case Name	Citation	Treatment	Explanation
Writ Appeal No. 1445 of 2022 and connected cases	W.A.No.1445 of 2022	Positive	The Division Bench's directions in this earlier appeal are applied to guide reconsideration in the present case.
WP(C) No. 17785/2022	WP(C) No. 17785/2022	Mentioned Only	Referenced via Exhibit P9 as a prior judgment of this Court; used for guidance but not directly overruled or distinguished in this decision.
Writ Appeal No. 1620 of 2022	W.A.No.1620/2022	Mentioned Only	Exhibit P12 refers to the order in this related appeal; cited to corroborate related orders and directions.

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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** **TUESDAY, THE 11[TH] DAY OF APRIL 2023 / 21ST CHAITHRA, 1945** ## **WP(C) NO. 4150 OF 2023** ## **PETITIONER:** SAYOOJ PUNNAKOT AGED 33 YEARS OFFICE ATTENDANT, AUP SCHOOL, KAITHAKKAD POST, CHERUVATHUR, KASARAGOD DISTRICT-671313. BY ADV POOVAMULLE PARAMBIL ABDULKAREEM ## **RESPONDENTS:** 1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 DIRECTOR OF GENERAL EDUCATION OFFICE OF THE DIRECTOR OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM – 695014. 3 DISTRICT EDUCATIONAL OFFICER OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, KANHANGAD, KASARAGODE DISTRICT-671315. 4 ASSISTANT EDUCATIONAL OFFICER OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, CHERUVATHUR, KASARAGOD DISTRICT-671313. 5 MANAGER AUP SCHOOL, KAITHAKKAD POST, CHERUVATHUR KASARAGOD DISTRICT-671313. 6 HEADMASTER AUP SCHOOL, KAITHAKKAD POST, CHERUVATHUR KASARAGOD DISTRICT-671313. SRI.K.M.FAISAL, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 4150 OF 2023 2 ## **P.V.KUNHIKRISHNAN, J.** # **-----------------------------W.P.(C)No. 4150 of 2023** **---------------------------------------------Dated this the 11[th] day of April, 2023** ## **JUDGMENT** The above writ petition is filed with the following prayers: _“(i) To issue a writ of Certiorari to quash Exts. P2, P5, P7 and P10 orders as they are illegal and unjustifiable; or to declare that those orders cannot be enforced as against the petitioner._ _(ii) To issue a writ of mandamus or any other appropriate writ, order or direction directing the 4th respondent to approve the appointment of the petitioner as Office Attendant from 01/06/2020 onwards and to disburse all consequential benefits due to him forthwith._ _(iii) To declare that the petitioner is entitled to get approval from the date of appointment in the light of Ext. P3 bond, Ext.P11 Government order and Ext.P12 order issued by this Hon'ble Court._ _(iv) To dispense with filing of vernacular translation of the documents_ _(v) To grant such other relief which this Hon'ble Court deems fit and necessary in the interest of justice.”[SIC]_ WP(C) NO. 4150 OF 2023 3 2. The petitioner is working as Office Attendant from 01/06/2020 onwards in AUP School Kaithakkad in a retirement vacancy. This appointment was rejected by the respondents 3 and 4 by Exts.P2 & P5 orders holding that the school in which the petitioner was appointed is a newly opened/upgraded school, hence a protected teacher should be appointed and the appointment of the petitioner can be considered only from the date of appointment of the such protected hand as contemplated in Rule 7(5) of Chapter XXI KER. However, the 2[nd] respondent by Ext.P6 issued an order dated 28/02/2022 directing the 4[th] respondent to reconsider the issue of approval of appointment of the petitioner in the light of Circular No.J2/57/2019 dated 08/03/2019. The 4[th] respondent in compliance of Ext.P6 order issued Ext.P7 rejection without considering the said Circular and Ext.P3 consent letter submitted by the 5[th] respondent, is the submission. Under such circumstances the petitioner WP(C) NO. 4150 OF 2023 4 approached the 1[st] respondent as well as this Court seeking to approve the appointment from the date of appointment especially on the ground that there was no protected non-teaching staff in the district at the time of appointment of the petitioner and also in the absence of list of protected hands. This Court by Ext.P9 Judgment directed the 1[st] respondent to consider and pass appropriate orders on the revision submitted by the petitioner. The 1[st] respondent in compliance of the direction in Ext.P9 issued Ext.P10 order contenting that the 5[th] respondent has not submitted the consent letter as per Circular No.J2/57/2019/GEDN dated 08/03/2019 for the vacancy prior to 01/06/2019 for appointment of protected teacher and the appointment after 18/11/2018 can be approved only after the implementation of reservation of disabled persons. The contentions of the 1[st] respondent in the impugned order will not stand in the light of Ext.P11 clarification order, is the submission. It is also submitted that this Court also issued directions WP(C) NO. 4150 OF 2023 5 as per the judgment dated 13.03.2023 in Writ Appeal No.1445 of 2022 and connected cases. Hence this writ petition is filed. 3. Heard counsel appearing for the petitioner and the learned Government Pleader. 4. After hearing both sides, according to me, the impugned order can be set aside in the light of the directions issued by the Division Bench of this Court in the judgment dated 13.03.2023 in W.A.No.1445 of 2022 and connected cases and the Government can be directed to reconsider the matter. While deciding the matter, the Government can be directed to consider Clause (iv) of Ext.P11 Government Order also. To facilitate the Government to pass fresh orders, Ext.P10 can be set aside. Therefore, this writ petition is disposed of in the following manner: - i. Ext.P10 is set aside. ii. The 1[st] respondent is directed to reconsider the WP(C) NO. 4150 OF 2023 6 matter in the light of the directions in the judgment dated 13.03.2023 in W.A.No.1445 of 2022 and connected cases, as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a stamped certified copy of this judgment. iii. Before passing final orders, the 1[st] respondent will give an opportunity of hearing to the petitioner. iv. While deciding the matter, the 1[st] respondent will also consider the applicability of Clause (iv) of Ext.P11 Government order. v. Petitioner will produce a stamped certified copy of this judgment along with a copy of this writ petition before the 1[st] respondent for compliance. Sd/- **P.V.KUNHIKRISHNAN JUDGE** DM WP(C) NO. 4150 OF 2023 7 ## **APPENDIX OF WP(C) 4150/2023** ## PETITIONER EXHIBITS |EXHIBIT P1|TRUE COPY OF THE APPOINTMENT ORDER| |---|---| ||DATED 01/06/2020 ISSUED BY THE 5TH| ||RESPONDENT| |EXHIBIT P2|TRUE COPY OF THE ORDER| ||NO.5611/2020/AEO/K.DIS DATED| ||26/07/2021 ISSUED BY THE 4TH| ||RESPONDENT| |EXHIBIT P3|TRUE COPY OF THE CONSENT LETTER DATED| ||15/06/2020 SUBMITTED BY THE 5TH| ||RESPONDENT| |EXHIBIT P4|TRUE COPY OF THE APPEAL DATED| ||28/07/2021 SUBMITTED BY THE 5TH| ||RESPONDENT| |EXHIBIT P5|TRUE COPY OF THE ORDER NO.| ||B5/194282/2021 DATED 20/09/2021| ||ISSUED BY THE 3RD RESPONDENT| |EXHIBIT P6|TRUE COPY OF THE ORDER NO.| ||G5/14342/2021/ DGE/K.DIS DATED| ||28/02/2022 ISSUED BY THE 2ND| ||RESPONDENT| |EXHIBIT P7|TRUE COPY OF THE LETTER| ||NO.C/09/2022/AEO (1) DATED 22/03/2022| ||ISSUED BY THE 4TH RESPONDENT| |EXHIBIT P8|TRUE COPY OF THE REVISION PETITION| ||DATED 06/04/2022 SUBMITTED BY THE| ||PETITIONER.| |EXHIBIT P9|TRUE COPY OF THE JUDGMENT DATED| ||01/06/2022 IN WP(C)NO.17785/2022| ||ISSUED BY THIS HON'BLE COURT| |EXHIBIT P10|TRUE COPY OF THE ORDER 514/2013/GEDN| ||DATED 21/01/2023 ISSUED BY THE 1ST| WP(C) NO. 4150 OF 2023 **==> picture [7 x 10] intentionally omitted <==** RESPONDENT EXHIBIT P11 TRUE COPY OF THE G.O(P)NO.2/2023/GEDN DATED 23/01/2023 ISSUED BY THE 1ST RESPONDENT EXHIBIT P12 TRUE COPY OF THE ORDER DATED 13/12/2022 IN W.A NO.1620/2022 ISSUED BY THIS HON'BLE COURT RESPONDENT EXHIBITS: NIL //TRUE COPY// PA TO JUDGE