High Court of KeralaSingle JudgeWrit petitions disposed of in favor of the peti...

WP(C). Nos. 2759 of 2017 and 4061 of 2017, Anna Mathew v State of Kerala and Manager, M.R.S.V. High School, Mazhuvannur, Ernakulam

Case / Petition Number:WP(C).Nos.2759 of 2017; WP(C).No.4061 of 2017

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • P.V. ASHA
Judgment Date
2019-07-09
Court Decision / Holding
There shall be a direction to the respondents to approve the petitioner’s appointment on the basis of Exhibit P1 order and to grant all consequential benefits; Exts. P3, P4, P5, P11 are set aside. The writ petitions are disposed of in favor of the petitioners (both WP(C) Nos. 2759/2017 and 4061/2017).
Final Disposition
Writ petitions disposed of in favor of the petitioners; approval of the appointment of the HSA (English) with consequential benefits directed; challenged orders set aside; relief granted in terms of Exhibit P1 order and cadre purpose upheld against retrenchment concerns.

Parties to the Case

Appellants / Petitioners

  • ANNA MATHEW
  • THE MANAGER M.R.S.V. HIGH SCHOOL, MAZHUVANNUR, ERNAKULAM DISTRICT

Respondents

  • STATE OF KERALA rep. by its Secretary to Government, General Education Department, Government Secretariat, Thiruvananthapuram
  • THE DIRECTOR OF PUBLIC INSTRUCTIONS, Jagathy, Thiruvananthapuram
  • THE DEPUTY DIRECTOR OF EDUCATION, Civil Station, Kakkanad, Ernakulam District
  • THE DISTRICT EDUCATIONAL OFFICER, Muvattupuzha, Ernakulam District
  • THE HEADMASTER, M.R.S.V. HIGH SCHOOL, Mazhuvannur, Ernakulam District
  • SMT. ANNA MATHEW, High School Assistant (English), MRSV High School, Mazhuvannur

Legal Representation & Advocates

Counsels for Petitioners

  • • SRI.K.JAJU BABU (SR.)
  • • SMT.M.U.VIJAYALAKSHMI
  • • SRI.ARJUN SANTHOSH

Counsels for Respondents

  • • SRI.V.A.MUHAMMED
  • • SRI.T.V.VIJAYARAJAN
  • • SMT.MARY BEENA JOSEPH, SR GP

Case Synopsis & Summary

A High Court of Kerala (Single Judge) considers two connected writ petitions challenging denial of approval to the appointment of High School Assistants (English) at MRSV High School, Mazhuvannur. The core issue is the legal validity of appointments made under the 2002 cadre for HSA (English) and whether approvals can be granted when protected teachers remain deployed in SSA posts. The 2012 staff-fixation orders show eight HSA posts including English; subsequently, four HSAs were deployed in SSA with protected teachers to be recalled. The petitioners argue that the English post was created to avoid retrenchment and to ensure minimum subject ratio, and that the Manager was directed to recall the senior core-subject HSAs; they contend the appointment of Anna Mathew (HSA English) is valid and should be approved, especially in light of the 2002 GO creating the cadre and the rule 6I/Chapter XXIII KER. The respondents contend that vacancies could not be filled while protected teachers remained deployed, and that the petitioner lacks a B.Ed in English. The court relies on Minimol v. State of Kerala and Deepa Augustine v. Geetha Alex to uphold the principle that appointments must be to qualified teachers under minimum subject requirements, and it ultimately sets aside the challenged orders (Exts. P3, P4, P5, P11) and directs approval of the petitioner’s appointment with consequential benefits.

Provisions of Law Cited

G.O.(Ms) No.177/88/G.Edn dated 07.12.1988G.O.(MS) No.11/02/G.Edn dated 07.01.2002Rule 6I in Chapter XXIII KERRule 4(ii) of Chapter XXIII KERG.O. No.29/2016/Gen.Edn dated 29.01.2016Circular No.74487/J2/09/G.EDN dated 06.02.2010GO(RT) No.148/2017/G.EDN dated 11/04/2017GO(RT) No.4220/2017/G.EDN dated 07/11/2017

Legal Doctrines & Maxims

  • Minimum subject ratio requirement in the creation of HSA (English) cadre; Mandate that posts be sanctioned observing minimum subject requirements; Duly qualified teacher requirement for appointments (as per Deepa Augustine v. Geetha Alex)
  • Protection from retrenchment for core-subject HSAs as a guiding principle behind the phased creation of the HSA (English) cadre.

Submissions & Arguments

Contentions of Appellants / Petitioners

The applicants contend that denial of approval to the appointment of HSA(English) is illegal. They rely on the 2002 cadre creation for HSA(English) under GO 7.1.2002 and Rule 6I of Chapter XXIII KER to argue that the post should be sanctioned without retrenching core-subject HSAs. They point to Ext.P2 staff fixation orders showing eight posts, continuous recognition of the English post, and the need to maintain minimum subject ratios. They challenge Exts.P3, P4, P5, P11 as contrary to the cadre’s purpose, and rely on earlier judgments (WPC 15575/2013, WPC 14031/2014, WA 1030/2015, Minimol v. Kerala) to demand appointment approval and consequential benefits. They also raise issues about qualification (B.Ed in English) of the candidate.

Contentions of Respondents

The respondents argue that because four protected teachers are deployed in SSA, there is no vacancy for the HSA(English) post and the manager was directed to recall senior HSAs. They emphasize that the English post can only be filled by a person with the appropriate qualification (citations to GOs and staff fixation orders); they contest the petitioner’s lack of B.Ed in English as a basis to deny approval. They rely on government orders and circulars (GO 2010 circular 74487/J2/09/G.EDN; GO RT 148/2017; GO RT 4220/2017) to maintain that appointments must align with protected staff and subject requirements.

Cited Precedents (5)

Case NameCitationTreatmentExplanation
Minimol v. State of Kerala2012 (4) KLT 719PositiveThe court relies on Minimol to support the argument that retrenchment should be avoided and that the HSA(English) cadre must be created without retrenchment, observing minimum subject requirements.
Deepa Augustine v. Geetha Alex2008 (2) KLT 771 (SC)PositiveSC held appointments must be made only to teachers duly qualified in the subject; used to justify the requirement of B.Ed in English.
W.P(C) 15575/2013; W.P.(c) 14031/2014; WA 1030/2015WPC 15575/2013; WPC 14031/2014; WA 1030/2015PositiveJudgments of this Court relied upon to support the petitioners’ position; affirmation of related reasoning on cadre creation and qualification.
WA 1218/1991WA 1218/1991Mentioned OnlyListed as an exhibit (P12) but not explicitly relied upon in reasoning.
2007(1) KLT 7662007(1) KLT 766Mentioned OnlyExhibit P14 references this decision; used as background but not expressly discussed in the judgment’s reasoning.

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Extracted Judgment Text

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## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE SMT. JUSTICE P.V.ASHA** **TUESDAY, THE 09TH DAY OF JULY 2019 / 18TH ASHADHA, 1941** ## **WP(C).No.4061 of 2017** ## **PETITIONER:** **ANNA MATHEW** **HIGH SCHOOL ASSISTANT (ENGLISH), M.R.S.V. HIGH SCHOOL, MAZHUVANNUR, ERNAKULAM 686 669** **BY ADVS.** **SRI.K.JAJU BABU (SR.) SMT.M.U.VIJAYALAKSHMI SRI.ARJUN SANTHOSH** ## **RESPONDENTS:** - **1 STATE OF KERALA REP. BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPRUAM 695 001.** - **2 THE DIRECTOR OF PUBLIC INSTRUCTIONS JAGATHY, THIRUVANANTHAPURAM 695 014.** - **3 THE DEPUTY DIRECTOR OF EDUCATION CIVIL STATION, KAKKANAD, ERNAKULAM DISTRICT 682 030.** - **4 THE DISTRICT EDUCATIONAL OFFICER MUVATTUPUZHA, ERNAKULAM 686 673.** - **5 THE MANAGER M.R.S.V. HIGH SCHOOL, MAZHUVANNUR, ERNAKULAM 686 669.** **BY ADVS.** **SRI.V.A.MUHAMMED SRI.T.V.VIJAYARAJAN SMT.MARY BEENA JOSEPH, SR GP** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09.07.2019, ALONG WITH WP(C).2759/2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WP(C).Nos.2759 and WP(C).No.4061 of 2017 2 # **IN THE HIGH COURT OF KERALA AT ERNAKULAM** # **PRESENT** **THE HONOURABLE SMT. JUSTICE P.V.ASHA** **TUESDAY, THE 09TH DAY OF JULY 2019 / 18TH ASHADHA, 1941** ## **WP(C).No.2759 of 2017** ## **PETITIONER:** **THE MANAGER MRSV HIGH SCHOOL, MAZHUVANNUR, ERNAKULAM DISTRICT.** **BY ADVS.** **SRI.V.A.MUHAMMED SRI.T.V.VIJAYARAJAN** ## **RESPONDENTS:** |**1**|**THE STATE OF KERALA**| |---|---| ||**REP. BY ITS SECRETARY TO GOVERNMENT,**| ||**GENERAL EDUCATION DEPARTMENT, SECRETARIAT,**| ||**THIRUVANANTHAPURAM 695 001.**| |**2**|**THE DIRECTOR OF PUBLIC INSTRUCTIONS**| ||**JAGATHY, THIRUVANANTHAPURAM 695 014.**| |**3**|**THE DEPUTY DIRECTOR OF EDUCATION**| ||**CIVIL STATION, KAKKANAD,**| ||**ERNAKULAM DISTRICT 682 030.**| |**4**|**THE DISTRICT EDUCATIONAL OFFICER**| ||**MUVATTUPUZHA, ERNAKULAM DISTRICT 686 673.**| |**5**|**THE HEADMASTER**| ||**M R S V HIGH SCHOOL, MAZHUVANNUR,**| ||**ERNAKULAM DISTRICT 686 669.**| |**6**|**SMT.ANNA MATHEW**| ||**HIGH SCHOOL ASSISTANT (ENGLISH), MRSV HIGH SCHOOL,**| ||**MAZHUVANNUR, ERNAKULAM DISTRICT 686 669.**| WP(C).Nos.2759 and WP(C).No.4061 of 2017 **==> picture [8 x 9] intentionally omitted <==** **BY ADVS.** **SRI.K.JAJU BABU (SR.) SMT.M.U.VIJAYALAKSHMI SMT. MARY BEENA JOSEPH, SR GP** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09.07.2019, ALONG WITH WP(C).4061/2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WP(C).Nos.2759 and WP(C).No.4061 of 2017 4 ## **JUDGMENT** ## **[ WP(C) 4061/2017 ,WP(C).2759/2017 ]** A High School Assistant (English) and Manager of an aided School have filed these Writ Petitions aggrieved by the denial of approval to appointment in the post of H.S.A (English). The reliefs sought in the both these cases are the same. Parties and documents in this judgment would be as described in W.P.(c)No.4061 of 2017. 2. The petitioner was appointed as H.S.A (English) as per Exhibit P1 Order dated 04.06.2012 against a vacancy which arose on promotion of one Sri.C.P. Joy, who was occupying the post of H.S.A.(English), as Headmaster on 01.04.2011. But the proposal for approval of her appointment was rejected as per Exhibit P3 order by the District Educational Officer on 31.10.2012. It was stated that at the relevant time there were four H.S.A.s – C.P.Mary, HSA (Maths), Abraham George H.S.A. (SS), Asha Devadas H.S.A(Maths), M.R. Sobhana H.S.A(Hindi) who were on deployment in S.S.A. on protection. It was further stated that the Manager had already been directed through Ext.P2 staff fixation order for 2012-13 itself to recall the senior most H.S.A. (core subjects) - Smt.C.P. Mary, against the vacant post of H.S.A. (English), as provided in G.O. WP(C).Nos.2759 and WP(C).No.4061 of 2017 **==> picture [8 x 9] intentionally omitted <==** (Ms.)132/09/G.Edn. Dated 17.06.2019 and in circular No.J2/74487/09/G.Edn dated 16.02.2010. Matter was taken up by the Manager in appeal; but the order passed by the District Educational Officer was affirmed. Thereafter, the Additional Director of Public Instructions rejected the revision petition as per Exhibit P5 order. Government rejected the revision petition as per Exhibit P11 letter dated 15.12.2016. The petitioner challenges Exts.P2, P3, P4, P5 and P11 orders denying approval to her appointment. 3. Producing Exhibit P2 staff fixation order, it is pointed out that eight posts of H.S.As including one post of H.S.A.(English) were sanctioned for the School for the year 2012-2013. However, it was stated in the staff fixation order that four H.S.A.s in various subjects were deployed in S.S.A. It was also ordered that Sri. Abrhaham Geroge, H.S.A. who has been deployed in Government School should be recalled to the parent school as he is eligible to be accommodated in the post of H.S.A (English). But by Ext.P3 order, the Manager was directed to recall Smt.C.P. Mary. The petitioner has also produced Exhibits P8 and P9 staff fixation orders issued on 14.05.2014 and 15.07.2014 for the years 201314 and 2014-15 in order to show that the post of H.S.A.(English) continued to be sanctioned all these years. In Exhibit P10 revised staff fixation order WP(C).Nos.2759 and WP(C).No.4061 of 2017 **==> picture [8 x 9] intentionally omitted <==** for the year 2012-13 issued on 11.04.2016 on the basis of G.O.(P) No.29/2016/Gen.Edn dated 29.01.2016 also the remarks relating to the deployment of four protected teachers in S.S.A. continued. It is stated that Sri. Roy V. Abrham is retained in the post of H.S.A.(English) as per G.O. (MS) No.11/02/G.Edn dated 07.01.2002, to avoid retrenchment. 4. Relying on the the judgment of this Court in W.P(C).No.15575 of 2013 and W.P.(c) No.14031 of 2014 affirmed in Exhibit P14 judgment in W.A. No.1030 of 2015 and the judgment in **Minimol v. State of Kerala: 2012(4) KLT 719** . Learned senior counsel appearing for the petitioner submits that denial of approval to the first appointment made in the school in the post of H.S.A (English) is illegal. 5. The 4[th] respondent has filed a counter affidavit stating that the number of H.S.A.(core subjects) was 8 in 2010-11; in the revised staff fixation it came down to 6 for the year 2011-12 and 2012-13 when number of teachers working in core subjects were 7 and number of protected teachers working on deployment were 5. It is stated that 4[th] respondent retained the senior most H.S.A.(core subjects) in the post of H.S.A to avoid retrenchment. The order dated 07.01.2002 introducing the posts of English provided that the teachers in core subjects shall not be disturbed. According to him the same teacher continued to be retained in the post WP(C).Nos.2759 and WP(C).No.4061 of 2017 **==> picture [8 x 9] intentionally omitted <==** since 2002-03 and that as per the circular and Government orders issued in 2009, they were liable to be recalled. It is also pointed out that the junior most retrenched teacher Asha Devadas deployed to B.R.C. was having the qualification for appointment in the post of H.S.A. (English) and she was not eligible to be accommodated in the post. It is further stated that Smt. C.P. Mary, Abraham George and Shobhana M.R. were recalled to the post of H.S.A.(Maths), H.S.A.(SS) and H.S.A.(Hindi) and the next arising vacancy to be filled by the recalling Asha Devadas against H.S.A.(English) post and therefore, there is no vacancy for the petitioner. 6. The Manager has filed a W. P (C)No. 2759 OF 2017aggrieved by the denial of approval to the 1[st] appointment made in the school in the post of H.S.A(English). It is stated that Smt. Anna Mathew was the 8[th] H.S.A against the 8 posts sanctioned in the 2011-12. It is stated that Sri. Abraham George H.S.A.(SS) was on deployment from 22.08.2018. 7. The Manager as well the petitioner have stated that Asha Devadas was not having B.Ed. in English and that her B.Ed was only in Mathematics. It is also pointed out that the 4[th] respondent do have any such grounds in the order rejecting approval. 8. The Learned Government Pleader argued that appointment could not have been made when protected teachers were available and WP(C).Nos.2759 and WP(C).No.4061 of 2017 **==> picture [8 x 9] intentionally omitted <==** those teachers who have been continuing on deployment were in service as on the date on which the post of HSA English was introduced and therefore they are eligible for protection. 9. Having heard the learned counsel on either side, I find that the purpose and intent behind the introduction of the Post of H.S.A (English) is evident from the order dated 07.01.2002. It is stated in the order: In order to remedy the deteriorating standard in English teaching/learning Government had ordered some measures in the G.O read 1[st] paper above for enabling gradual creation of separate cadre of HSA English.” The G. O referred to therein is G.O.(Ms) No.177/88/G.Edn dated 07.12.1988. In that G.O, the qualification for the post was prescribed. Modifying the qualification based on advice by the Public Service Commission, in the order dated 7.1.2002 Government further ordered as follows: “ _Government have examined these proposals in detail and are pleased to order as follows:_ _a) A new cadre of HSA(English) will be created in the Aided and Government Schools by re-allocating the periods of English now allocated to the core subjects(Maths, Science and Social Studies) in a phased manner, without causing retrenchment of existing H.S.As (core subjects). The new cadre will be created by appointing/promoting qualified hands against the vacancies caused by retirement/ additional division/_ WP(C).Nos.2759 and WP(C).No.4061 of 2017 **==> picture [8 x 9] intentionally omitted <==** _Resignation/leave observing the minimum subject ratio requirement between Maths, Science and Social Studies with a view to achieve the object of distribution of posts envisaged in the table given in the appendix.”_ Thereafter para 3 of the order was incorporated in the statute inserting Rule 6I in Chapter XXIII KER, which read as follows: _“6.I. Sanctioning of posts of High School Assistant (English).-Notwithstanding anything contained in any other rule in this Chapter the post of High School Assistant (English) shall be sanctioned on the basis of the periods allocated to English, observing minimum subject requirement.”_ _Note:-- Subject to any general order that may be issued by the Government, the above rule shall be implemented in a phased manner without causing retrenchment of existing High School Assistants (core subjects) as on 7thJanuary 2002, and observing the minimum subject requirement.”_ ## In Minimole's case this Court after considering a similar issue found as follows: _“8. xxxx A reading of the same will show that post of HSA (English) has to be sanctioned observing minimum subject requirement. The note therein seeks implementation of the Rule in a phased manner. The rider provided therein is that the creation of the post shall not cause retrenchment of existing HSAs in core subjects as on 07/01/2002 as well as observance of minimum subject requirement. 9. Herein, the staff fixation order clearly provides for one post of HSA(English) for the year 2007-08. The vacancy arose due to_ WP(C).Nos.2759 and WP(C).No.4061 of 2017 10 _promotion of Smt. T. L.Gracykutty, HSA as Headmistress. In the Government Order dated 07/01/2002 it was provided that the new cadre of HSA (English) will be created by allocating periods of English as it was being allocated to core subjects like Mathematics, Science and Social Studies. Actually, what has to be ensured under the said process is the avoidance of retrenchment of existing HSA (core subject) teachers. The new cadre has to be created by appointing qualified hands against vacancies caused by retirement / promotion / resignation etc._ _10. Thus in this case the post of HSA (English) has been created in the staff fixation order. There is no plea that the HSA (Maths) and HSA (SS) teachers became protected as a result of creation of the post of HSA (English). Only in such cases alone it can be seen that the retrenchment can be avoided. The two teachers mentioned in the orders, became protected teachers in earlier years due to reduction of posts in those subjects._ _11. When R.6.I of Chap.23 KER clearly provides for creation of the post of HSA (English), that also by observing minimum subject requirement, there cannot be any quarrel that a HSA (English) can be appointed in the post. Therefore, it is obvious that a qualified hand alone can be appointed in terms of R.6.I of Chap.23 KER”_ On account of the appointment of the petitioner on 04.06.2012 there was no occasion for retrenching any of the teachers in core subjects. In the order dated 07.01.2002 it was provided that retrenchment should be avoided on account of the introduction of the post since the ratio 1:1:1:1 was introduced in modification of then existed ratio of 1:1:1 within the core WP(C).Nos.2759 and WP(C).No.4061 of 2017 11 subjects. The 4[th] respondent or the Government cannot interpret the same in such a way that the teachers in core subjects have to be accommodated whenever vacancies arises in the subject English. 10. The incumbent occupying in the post of H.S.A (English) is relieved. From a reading of the order dated 07.01.2002 it can be seen that the Government fixed the qualification for the post in 1988; it was on being satisfied of the deteriorating standard of teaching/learning in English as early as in the year 1988 that the proceedings for creation of separate cadre was initiated. But even in the year 2019, even after the introduction of separate cadre the educational authorities including Government wants to see that the teachers for whom there are no posts as per the staff fixation orders and retrenched years ago are brought back in the post sanctioned for HSA(English), giving least importance to that language. Government continues to take the view that as long as there are retrenched teachers in Mathematics, Science or Social Studies continuing on deployment, appointment in the post of HSA(English) cannot be made and they are accommodated, whatever may be the reason for retrenchment, as if all those who were in service as on 07.01.2002 are to be accommodated in the post of H.S.A (English), one after another. As held in Minimole's case protection from retrenchment is envisaged only if WP(C).Nos.2759 and WP(C).No.4061 of 2017 **==> picture [15 x 8] intentionally omitted <==** the reason for retrenchment is introduction of English post revising the ratio of 1:1:1 among the core subjects as 1:1:1:1 by the order dated 7.1.2002 as well as Rule 6I read with Rule 4 (ii) of Chapter XXIII KER. Whatever be the general order issued by Government it has to see that there is minimum subject requirement maintained. In order to observe minimum subject requirement there should be a teacher to teach English. 11. It is also relevant to note that the Supreme Court has in the judgment in **Deepa Augustine v. Geetha Alex** [2008 (2) KLT 771 (SC)] held that appointments shall be done only with teachers who are duly qualified in the subject. 12. The reason stated in Exts. P3, P4,P5 and P11 for rejecting approval to petitioner's appointment was that four protected teachers in Mathematics, Social Studies and Hindi were continuing in S.S.A.'s on deployment and when Manager was already asked to recall Smt.C.P.Mary(H.S.A. Maths) - the senior most retrenched teacher on protection, against the post of H.S.A(English), the action of the Manager in appointing petitioner was irregular. But in the counter affidavit the 4[th] respondent has come out with different versions and explanations, and found out that Smt.Asha Devadas (Maths) is to be accommodated in the post saying that she is having the qualification. None of the educational WP(C).Nos.2759 and WP(C).No.4061 of 2017 **==> picture [15 x 9] intentionally omitted <==** authorities did have such a case. At any rate the respondents cannot accommodate a teacher without B.Ed in English in the post of H.S.A. (English). The 4[th] respondent has also stated that the very same teacher was continuing in the post of H.S.A.(English) ever since the post was created in 2002. If that be so, it is not understood why direction was issued to the Manager to recall the deployed teachers against the post of H.S.A(English). The fourth respondent deviated from that and found out that another retrenched teacher is having the qualification for H.S.A(English). The Manager as well as the petitioner points out that she is not having B.Ed in English. 13. From the staff fixation proceedings and the averments it is clear that the teachers in core subjects were occupying the post in English from 2002 onwards and when promotion was made to the post of Headmaster in 2011, the Manager has appointed the petitioner against the 8[th] post in 2012. It is evident that the educational authorities are acting contrary to Rule 6I insisting to accommodate teachers in core subjects in the post of English HSA instead of insisting appointment of at least one HSA in English who is duly qualified. Fact remains that even in 2018-19, the educational authorities take the view that the post of H.S.A(English) created in 2002 shall be continued to be occupied by teachers in other WP(C).Nos.2759 and WP(C).No.4061 of 2017 14 ## subjects. 14. Therefore, I find that Ext.P3, P4, P5 and P11 orders rejecting approval to appointment of the petitioner are issued contrary to the intent and purpose behind introduction of the cadre of HSA English and hence I set aside all those orders. Therefore, there shall be a direction to the respondents to approve appointment of the petitioner on the basis of Exhibit P1 order and to grant all consequential benefits to the petitioner. The Writ Petition is disposed of accordingly. SCS **Sd/P.V.ASHA JUDGE** WP(C).Nos.2759 and WP(C).No.4061 of 2017 15 ## **APPENDIX OF WP(C) 4061/2017** ## **PETITIONER'S EXHIBITS:** |**EXHIBIT P1**|**COPY OF THE APPOINTMENT ORDER DATED**| |---|---| ||**4.6.2012 ISSUED BY THE MANAGER OF THE 5TH**| ||**RESPONDENT TO THE PETIITONER**| |**EXHIBIT P2**|**COPY OF THE STAFF FIXATION ORDER NO.**| ||**B1/3685/2012/D.DIS DATED 28.7.2012 ISSUED**| ||**BY THE 4TH RESPONDENT FOR THE YEAR 2012-13**| |**EXHIBIT P3**|**COPY OF THE ORDER VIDE**| ||**NO.B1/2938/2012/K.DIS DATED 31.10.2012 OF**| ||**THE 4TH RESPONDENT**| |**EXHIBIT P4**|**COPY OF THE ORDER NO. B4/20720/12/K.DIS**| ||**DATED 22.5.2013 OF THE 3RD RESPONDENT**| |**EXHIBIT P5**|**COPY OF THE ORDER NO.**| ||**EC3/84719/2013/DPI/K.DIS DATED 31.3.2014 OF**| ||**THE 2ND RESPONDENT**| |**EXHIBIT P6**|**COPY OF THE REVISION PETITION SUBMITTED BY**| ||**THE 5TH RESPONDENT BEFORE THE GOVERNMENT ON**| ||**8.5.14**| |**EXHIBIT P7**|**COPY OF THE REVISION PETITION SUBMITTED BY**| ||**THE PETITIONER BEFORE THE GOVERNMENT ON**| ||**22.5.2014**| |**EXHIBIT P8**|**COPY OF THE STAFF FIXATION ORDER NO.**| ||**D.DIS/B1/3811/2013 DATED 14.5.2014 OF THE**| ||**4TH RESPONDENT**| |**EXHIBIT P9**|**COY OF THE STAFF FIXATION ORDER NO.**| ||**B1/3446/2014 DATED 15.7.2014 ISSUED BY THE**| ||**4TH RESPONDENT**| |**EXHIBIT P10**|**COPY OF THE STAFF FIXATION ORDER NO.**| ||**D.DIS/B1/1002/2016 DATED 11.4.2016 ISSUED**| ||**BY THE 4TH RESPONDENT**| |**EXHIBIT P11**|**COPY OF THE COMMUNICATION VIDE NO.**| ||**36964/E2/2014/G.EDN DATED 15.12.2016 ISSUED**| ||**BY THE 1ST RESPONDENT TO THE 5TH RESPONDENT**| |**EXHIBIT P12**|**COPY OF THE GOVERNMENT CIRCULAR NO.**| ||**74487/J2/09/G.EDN DATED 6.2.2010**| WP(C).Nos.2759 and WP(C).No.4061 of 2017 16 **EXHIBIT P13 COPY OF THE JUDGMENT DATED 30.9.2014 IN WPC NO. 15575/2013 OF THIS HON'BLE COURT** **EXHIBIT 14 COPY OF THE JUDGMENT DATED 13.7.2016 IN WA NO. 1030/2015 AND CONNECTED CASE PASSED BY THIS HON'BLE COURT** **EXHIBIT P15** **COPY OF THE GOVERNMENT ORDER GO(RT) NO.148/2017/G.EDN. DATED 11/04/2017.** **EXHIBIT P16** **COPY OF THE GOVERNMENT ORDER GO(RT) NO.4220/2017/G.EDN. DATED 07/11/2017.** **EXHIBIT P17 COPY OF THE CERTIFICATE DATED 05/09/1988 IN B.ED (MATHEMATICS) ISSUED IN FAVOUR OF THE PETITIONER.** ## **RESPONDENT'S EXHIBITS:** **EXHIBIT R4(A) TRUE COPY OF THE SERVICE BOOK DETAILS SHOWING THE ACADEMIC QUALIFICATION OF ASHA DEVADAS.** WP(C).Nos.2759 and WP(C).No.4061 of 2017 17 ## **APPENDIX OF WP(C) 2759/2017** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE GO (MS) NO.11/2002/G.EDN. DATED 7.1.2002 OF THE GOVERNEMENT EXHIBIT P2 TRUE COPY OF THE STAFF FIXATION ORDER 201213 DATED 11.4.2016 EXHIBITP3 TRUE COPY OF THE APPOINTMENT ORDER OF SMT.ANNA MATHEW DATED 4.6.2012 EXHIBIT P4 TRUE COPY OF THE ORDER NO. B1/2938/2012/K.DIS DATED 31.10.2012 OF THE 4TH RESPONDENT EXHIBIT P5 TRUE COPY OF THE ORDER NO.B4/20720/12/K./DIS DATED 22.5.2013 OF THE 3RD RESPONDENT EXHIBIT P6 TRUE COPY OF TH EORDER NO. EC/3/84719/2013/DPI/ K.DIS DATED 31.3.2014 OF THE 2ND RESPONDENT EXHIBIT P7 TRUE COPY OF THE REVISION PETITION SUBMITTED BEFORE THE GOVERNMENT DATED 8.5.2014 EXHIBIT P8 TRUE COPY OF THE LETTER NO. 36964/E2/2014/G.EDN DATED 15.12.2016 OF THE GOVERNMENT EXHIBIT P9 TRUE COPY OF THE CIRCULAR NO. 74487/J2/09/G.EDN. DATED 6.2.2010 OF THE GOVERNMENT EXHIBIT P10 TRUE COPY OF THE DECISION REPORTED IN ILR 2012(4)(KER.) 420 DATED 3.11.2011 EXHIBIT P11 TRUE COPY OF THE CIRCULAR NO. 7/J2/2005/G.EDN DATED 4.4.2005 OF THE GOVERNMENT EXHIBIT P12 TRUE COPY OF THE JUDGMENT IN WA NO. 1218/1991 DATED 26.5.1999 EXHIBIT P13 TRUE COPY OF THE DECISION REPORTED IN 2008(2) KLT 771 (SC) DATED 8.5.2008** WP(C).Nos.2759 and WP(C).No.4061 of 2017 18 |**EXHIBIT P14**|**TRUE COPY OF THE DECISION REPORTED IN**| |---|---| ||**2007(1) KLT 766 DATED 18.10.2006**| |**EXHIBIT P15**|**TRUE COPY OF THE LETTER NO. EC(3)**| ||**68587/14/DPI DATED 23.6.2016 OF THE 2ND**| ||**RESPONDENT**| |**EXHIBIT P16**|**TRUE COPY OF THE ORDER**| ||**NO.B1/3685/2012/D.DIS DATED 28/07/2012 OF**| ||**THE P.A. TO THE DISTRICT EDUCATIONAL**| ||**OFFICER (IN FULL ADDITIONAL CHARGE)**| |**EXHIBIT P17**|**TRUE COPY OF THE ORDER NO.**| ||**EC(4)/41487/17/DPI/K.DIS DATED 26/07/2017**| ||**OF THE DIRECTOR OF PUBLIC INSTRUCTION.**| |**EXHIBIT P18**|**TRUE COPY OF THE ORDER NO.B6-**| ||**2622/2016/K.DIS. DATED 22/10/2017 OF THE**| ||**DISTRICT EDUCATIONAL OFFICER, IRINJALAKUDA.**| |**EXHIBIT P19**|**TRUE COPY OF THE GO(RT) NO.**| ||**4220/2017/G.EDN. DATED 07/11/2017 OF THE**| ||**GOVERNMENT.**| |//TURE COPY//|| |PA TO JUDGE||