High Court of KeralaSingle Judge2021-08-11Writ petitions allowed; impugned orders quashed...

WP(C) No. 637/2013 & Connected Cases

Case / Petition Number:WP(C) NO. 637 OF 2013

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: Devan Ramachandran
Judgment Date: 2021-08-11
Court Decision / Holding: Writ petitions allowed; impugned orders quashed; no recovery shall be effected from the petitioners on the basis of those orders in future. Petitioners, or any of them, regarding retrenchment, are left open to be pursued in the future if advised. The court relied on Kishore V.G. v. State of Kerala and Others (2019(4)KLT 153) as controlling precedent.
Final Disposition: Writ petitions allowed; impugned orders quashed; no recovery shall be effected; retrenchment issues may be pursued in future if advised.

Parties to the Case

Appellants / Petitioners

Remya R. W/o Sudheesh G. Nair
Beegum A. Mufeeda
Sunil Kumar N.
Jayasree T.G.

Respondents

State of Kerala
Director of Public Instruction
Deputy Director of Education, Pathanamthitta
District Educational Officer, Pathanamthitta
Manager, PGM HS for Boys, Parakkode
Headmistress, PGM HS for Boys, Parakkode
Block Programme Officer, SSA-BRC Changanassery (Vazhappally)
Block Programme Officer, SSA-BRC Adoor

Legal Representation & Advocates

Counsels for Petitioners

• Kaleeswaram Raj
• D. Kishore
• Mini Gopinath
• Kaleeswaram Raj
• Kaleeswaram Raj

Counsels for Respondents

• Sri V. Venugopal - Government Pleader

Case Synopsis & Summary

This is a consolidated Kerala High Court writ petition matter (WP(C) Nos. 637/2013 and connected cases) decided by Justice Devan Ramachandran on 11 August 2021. The petitions—including Remya R. (637/2013), Beegum A. Mufeeda (2888/2013), Sunil Kumar N. (4531/2013), and Jayasree T.G. (4540/2013)—challenge impugned orders affecting CRC/BRC personnel serving under SSA-BRC in Pathanamthitta/Changanassery. The court notes that the issues raised have already been covered in the petitioners’ favor by a prior Kerala High Court decision in Kishore V.G. v. State of Kerala and Others (2019 (4) KLT 153). Relying on that precedent, the court allows the writ petitions, quashes the impugned orders, and declares that no recovery shall be effected from the petitioners on the basis of those orders in the future. The judgment further states that retrenchment issues involving the petitioners, if any, may be pursued by them in the future, as advised. Exhibits attached before the court show orders, revision petitions, notices, and appointment details related to the petitioners. The decision reinforces the protections available to employees in SSA-BRC roles when challenged against retrenchment or recovery actions, while anchoring the outcome to a favorable precedent.

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners contend that the impugned retrenchment orders and related recoveries imposed on CRC/BRC personnel under SSA-BRC are illegal and unsustainable for want of due process, proper authority, and compliance with policy. They rely on the Kerala High Court’s ruling in Kishore V.G. v. State of Kerala (2019(4) KLT 153), arguing that the protections afforded to employees in such schemes must govern retrenchment actions, avoid arbitrary recoveries, and safeguard their service rights. They seek quashing of the impugned orders and a declaration that no further recovery shall be effected, along with protection of their ongoing service. They also urge that any retrenchment-related action remain subject to due process and policy constraints, and that the petitioners’ roles under SSA-BRC be preserved against coercive financial recoveries.

Contentions of Respondents

The respondents contend that the impugned orders were issued in accordance with state policy and the administrative framework governing SSA-BRC and retrenchment. They argue that any financial recoveries or personnel actions were justified by administrative exigencies and compliance requirements within the General Education Department’s mandate. While acknowledging Kishore V.G. as persuasive authority, they urge the court to consider the state’s policy and the need for accountability and resource management in the education sector. They request dismissal of the petitions or denial of broad relief, maintaining the validity of the orders and any recoveries in question, and leave resolution of broader policy issues to the appropriate authorities.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
Kishore V.G. v. State of Kerala and Others	2019(4)KLT 153	Positive	Judgment explicitly states that the issues in the petitions were covered in petitioners’ favor by Kishore V.G., thereby anchoring the decision to this cited authority.

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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 DEVAN RAMACHANDRAN WEDNESDAY, THE 11[TH] DAY OF AUGUST 2021 / 20TH SRAVANA, 1943** **WP(C) NO. 637 OF 2013** ## **PETITIONER:** REMYA R. W/O.SUDHEESH G.NAIR, CRC CO-ORDINATOR, SSA-BRC CHANGANASSERY, VAZHAPPALLI (PO), KOTTAYAM DISTRICT, (FORMERLY UPSA, PGM BHS, PARAKODE (PO), ADOOR, PATHANAMTHITTA), RESIDING AT 'SWAPNA NIVAS', PARAKODE (PO), ADOOR, PATHANAMTHITTA DISTRICT. BY ADV SRI.KALEESWARAM RAJ ## **RESPONDENTS:** |1|STATE OF KERALA| |---|---| ||REPRESENTED BY THE SECRETARY, DEPARTMENT OF GENERAL| ||EDUCATION, GOVERNMENT SECRETARIAT,| ||THIRUVANANTHAPURAM. 695 001.| |2|THE DIRECTOR OF PUBLIC INSTRUCTION| ||THIRUVANANTHAPURAM. 695 004.| |3|THE DEPUTY DIRECTOR OF EDUCATION| ||PATHANAMTHITTA. 689 645.| |4|THE DISTRICT EDUCATIONAL OFFICER| ||PATHANAMTHITTA. 689 645.| |5|THE MANAGER| ||PGM HS FOR BOYS, PARAKKODE (PO), PATHANAMTHITTA.| ||691 554.| |6|THE HEADMISTRESS| ||PGM HS FOR BOYS, PARAKKODE (PO), PATHANAMTHITTA.| ||691 554.| |7|BLOCK PROGRAMME OFFICER| ||SSA-BRC CHANGANASSERY, VAZHAPPALLY (PO), KOTTAYAM.| ||686 103.| **WP(C) NO.637/2013 & Con. Cases** **2** SRI.V.VENUGOPAL-GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.08.2021, ALONG WITH WP(C).2888/2013, 4531/2013 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: **WP(C) NO.637/2013 & Con. Cases** **3** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN WEDNESDAY, THE 11[TH] DAY OF AUGUST 2021 / 20TH SRAVANA, 1943 WP(C) NO. 2888 OF 2013** ## **PETITIONER:** BEEGUM A.MUFEEDA AGED 28 YEARS CLUSTER RESOURCE CENTRE (CRC), COORDINATOR, BLOCK RESOURCE CENTRE (BRC), ADOOR, PATHANAMTHITTA DISTRICT, FORMERLY UPPER PRIMARY SCHOOL ASSISTANT PGM BOYS HIGH SCHOOL, PARAKODE P.O, ADOOR PATHANAMTHITTA RESIDING AT AL-MAMZAR GARDENS, NEDUMON PO, PATHANAMTHITTA DISTRICT. BY ADVS. SRI.D.KISHORE SMT.MINI GOPINATH ## **RESPONDENT/S:** 1 STATE OF KERALA REPRESENTED BY SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2 THE DIRECTOR OF PUBLIC INSTRUCTIONS THIRUVANANTHAPURAM-695 004. 3 THE DEPUTY DIRECTOR OF EDUCATION PATHANAMTHITTA - 689 645 4 THE DISTRICT EDUCATIONAL OFFICER PATHANAMTHITTA-689 645 5 THE MANAGER PGM H.S. FOR BOYS, PARAKODE P.O., PATHANAMTHITTA691554 6 THE HEADMISTRESS PGM H.S. FOR BOYS, PARAKODE P.O., PATHANAMTHITTA- **WP(C) NO.637/2013 & Con. Cases** **4** 691554 7 THE BLOCK PROGRAMME OFFICER SARVA SIKSHA ABHIYAN (SSA), BLOCK RESOURCE CENTRE (BRC) CHANGANASSERY, VAZHAPPALLY P.O., KOTTAYAM - 686 103 8 THE BLOCK PROGRAMME OFFICER SARVA SIKSHA ABHIYAN (SSA), BLOCK RESOURCE CENTRE (BRC), ADOOR, PATHANAMTHITTA- 691524. SRI.V.VENUGOPAL-GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.08.2021, ALONG WITH WP(C).637/2013 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: **WP(C) NO.637/2013 & Con. Cases** **5** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN WEDNESDAY, THE 11[TH] DAY OF AUGUST 2021 / 20TH SRAVANA, 1943** ## **WP(C) NO. 4531 OF 2013** ## **PETITIONER:** SUNIL KUMAR N. AGED 37 YEARS S/O.NARAYANAKURUP, FULL-TIME CONTINGENT MENIAL, P.G.M.BOYS HIGH SCHOOL, PARAKODE, PARAKODE P.O., RESIIDNG AT SARASWATHY BHAVANAM, PUTHUMALA P.O., PARAKODE, PIN - 691 554. BY ADV SRI.KALEESWARAM RAJ ## **RESPONDENTS:** 1 STATE OF KERALA REPRESENTED BY THE SECRETARY, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2 THE DIRECTOR PUBLIC INSTRUCTION THIRUVANANTHAPURAM - 695 004. 3 THE DEPUTY DIRECTOR OF EDUCATION PATHANAMTHITTA - 689 001. 4 THE DISTRICT EDUCATIONAL OFFICER PATHANAMTHITTA - 689 001. 5 THE MANAGER PGM HS FOR BOYS, PARAKKODE P.O., PATHANAMTHITTA - 691 554. 6 THE HEADMISTRESS PGM HS FOR BOYS, PARAKKODE P.O., PATHANAMTHITTA - 691 554. SRI.V.VENUGOPAL-GP ## **WP(C) NO.637/2013 & Con. Cases** **6** THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.08.2021, ALONG WITH WP(C).637/2013 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: **WP(C) NO.637/2013 & Con. Cases** **7** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN WEDNESDAY, THE 11[TH] DAY OF AUGUST 2021 / 20TH SRAVANA, 1943** ## **WP(C) NO. 4540 OF 2013** ## **PETITIONER:** JAYASREE T.G. AGED 37 YEARS CRC CO-ORDINATOR, BRC ARANMULA, PATHANAMTHITTA, RESIDING AT SREEPADAMAM MOONNALAM ADOOR P.O, PATHANAMTHITTA 689001 BY ADV SRI.KALEESWARAM RAJ ## **RESPONDENTS:** 1 STATE OF KERALA RPRESENTED BY THE SECRETARY, DEPARTMENT OF GENERAL EDUCATION, OGVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695001 2 THE DIRECTOR OF PUBLIC INSTRUCTION THIRUVANANTHAPURAM 695004 3 THE DEPUTY DIRECTOR OF EDUCATION PATHANAMTHITTA 689001 4 THE DISTRICT EDUCATIONAL OFICER PATHANAMTHITTA 689001 5 THE MANAGER PGM HS FIR BOYS, PARAKKODE (P.O), PATHANAMTHITTA 691554 6 THE HEADMISTRESS PGM HS FOR BOYS, PARAKKODE (P.O), PATHANAMTHITTA 691554 7 BLOCK PROGRAMME OFFICER SSA-BRC CHANGANASSERY, VAZHAPPALLY (P.O), KOTTAYAM **WP(C) NO.637/2013 & Con. Cases** **8** 686103 SRI.V.VENUGOPAL-GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.08.2021, ALONG WITH WP(C).637/2013 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: **WP(C) NO.637/2013 & Con. Cases** ## **9** ## **JUDGMENT** When these matters were called today, it was conceded by learned counsel on both sides that the issues impelled in these have been covered in favour of the petitioners by the judgment of this Court in _**Kishore V.G. v. State of Kerala and Others**_ ## _**[2019(4)KLT 153].**_ In the afore circumstances, I allow these writ petitions and quash the impugned orders; and declare that no recovery shall be effected from the petitioners based on them in future. **==> picture [419 x 13] intentionally omitted <==** petitioners, or any of them, regarding their retrenchment are left open to be pursued by them in future, if they are so advised. **==> picture [353 x 12] intentionally omitted <==** ## **DEVAN RAMACHANDRAN** ## **JUDGE** **MC/18.8** **WP(C) NO.637/2013 & Con. Cases** **10** ## **APPENDIX OF WP(C) 637/2013** PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE ORDER NO. SC (2)/16558/2011/DPI DATED 28.05.2011 ISSUED BY THE 4TH RESPONDENT. Exhibit P2 A TRUE COPY OF THE ORDER NO. B63980/11/D.DIS DATED 23.07.2011 ISSUED BY THE 4TH RESPONDENT. Exhibit P3 A TRUE COPY OF THE REVISION PETITION DATED 20.07.2011 SUBMITTED BY THE 5TH RESPONDENT BEFORE THE IST RESPONDENT. Exhibit P4 A TRUE COPY OF THE LETTER DATED 21.12.2011 ISSUED BY THE IST RESPONDENT TO THE 5TH RESPONDENT. Exhibit P5 A TRUE COPY OF THE ORDER NO. B6/7415/12/D.DIS DATED 28.11.2012 ISSUED BY THE 3RD RESPONDENT. Exhibit P6 A TRUE COPY OF THE NOTICE DATED 01.11.2012 ISSUED BY THE 7TH RESPONDENT TO THE PETITIONER. **WP(C) NO.637/2013 & Con. Cases** **11** ## **APPENDIX OF WP(C) 2888/2013** PETITIONER EXHIBITS Exhibit P1 - TRUE COPY OF THE APPOINTMENT ORDER DATED 4.6.2008 ISSUED BY THE 5TH RESPONDENT. - Exhibit P2 TRUE COPY OF THE ORDER NO. SC (2) / 16558/2011/DPI/D/DIS 28.5.2011 ISSUED BY THE 2ND RESPONDENT. - Exhibit P3 TRUE COPY OF THE ORDER NO. B6/11474/10 DATED 24.11.2010 ISSUED BY THE 4TH RESPONDENT. - Exhibit P4 TRUE COPY OF THE REVISION PETITION DATED 20.7.2011 SUBMITTED BY THE 5TH RESPONDENT BEFORE THE IST RESPONDENT. - Exhibit P5 TRUE COPY OF THE ORDER NO. - B6/7415/12/D/DIS DATED 28.11.2012 OF THE 3RD RESPONDENT. - Exhibit P6 TRUE COPY OF THE NOTICE DATED 1.11.2012 ISSUED BY THE 7TH RESPONDENT TO THE PETITIONER. Exhibit P7 TRUE COPY OF THE ORDER DATED 7.1.2013 IN WPC 637/2013 OF THIS HONOURABLE COURT. **WP(C) NO.637/2013 & Con. Cases** **12** ## **APPENDIX OF WP(C) 4531/2013** PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE ORDER NO. SC (2)/16558/2011/DPI DATED 28.05.2011 ISSUED BY THE 4TH RESPONDENT. Exhibit P2 A TRUE COPY OF THE ORDER NO. B63980/11/D.DIS DATED 23.07.2011 ISSUED BY THE 4TH RESPONDENT. Exhibit P3 A TRUE COPY OF THE REVISION PETITION DATED 20.07.2011 SUBMITTED BY THE 5TH RESPONDENT BEFORE THE IST RESPONDENT. - Exhibit P4 A TRUE COPY OF THE LETTER DATED 21.12.2011 ISSUED BY THE IST RESPONDENT TO THE 5TH RESPONDENT. Exhibit P5 A TRUE COPY OF THE ORDER NO. B6/7415/12/D.DIS DATED 28.11.2012 ISSUED BY THE 3RD RESPONDENT. Exhibit P6 A TRUE COPY OF THE APPOINTMENT ORDER DATED 1.4.2011 ISSUED INF FAVOUR OF THE PETITIONER. Exhibit P7 A TRUE COPY OF THE LETTER DATED 21.1.2013 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER. **WP(C) NO.637/2013 & Con. Cases** **13** ## **APPENDIX OF WP(C) 4540/2013** PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER DATED 3.6.2008. Exhibit P2 TRUE COPY OF THE APPOINTMENT ORDER DATED 1.6.2009. Exhibit P3 TRUE COPY OF THE ORDER NO. SC / 16558/2011/DPI/D/DIS DATED 28.5.2011 ISSUED BY THE 2ND RESPONDENT. Exhibit P4 TRUE COPY OF THE ORDER DATED 23.7.2011 ISSUED BY THE 4TH RESPONDENT. Exhibit P5 TRUE COPY OF THE REVISION PETITION DATED 20.7.2011 SUBMITTED BY THE 5TH RESPONDENT BEFORE THE IST RESPONDENT. - Exhibit P6 TRUE COPY OF THE LETTER DATED 21.12.2011 ISSUED BY THE IST RESPONDENT TO THE 5TH RESPONDENT. Exhibit P7 TRUE COPY OF THE ORDER DATED 28.11.2012 ISSUED BY THE 4TH RESPONDENT. Exhibit P8 TRUE COPY OF THE NOTICE DATED 1.11.2012 ISSUED BY THE 7TH RESPONDENT TO THE PETITIONER. Exhibit P9 TRUE COPY OF THE INTERIM ORDER DATED 7.1.2013 IN WPC NO. 637/2013.