Sherly Augustian vs State Of Kerala on 23 October, 2020

Kerala High Court

Sherly Augustian vs State Of Kerala on 23 October, 2020
IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

FRIDAY, THE 23RD DAY OF OCTOBER 2020 / 1ST KARTHIKA, 1942

WP(C).No.21092 OF
2020(J)

PETITIONER:

SHERLY AUGUSTIAN
AGED 55 YEARS
W/O. K. J. PAUL, NOW WORKING AS HSA (HINDI), ST. JOSEPH'S
HIGHER SECONDARY SCHOOL, KARIMANNOOR, IDUKKI DISTRICT, PIN -
685 581.

BY ADV. SRI.PAULSON THOMAS

RESPONDENTS:

1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION
DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695 001.

2 THE DIRECTOR OF GENRAL EDUCATION

GENERAL EDUCATION DEPARTMENT, GOVERNMENT OF KERALA, JAGATHY,
THIRUVANANTHAPURAM, PIN - 695 005.

3 DEPUTY DIRECTOR OF EDUCATION

IDUKKI AT THODUPUZHA, PIN - 685 584.

4 DISTRICT EDUCATIONAL OFFICER

THODUPUZHA, PIN - 685 584.

5 CORPORATE MANAGER
CORPORATE EDUCATIONAL AGENCY, DIOCESE OF KOTHAMANGALAM,
PIN - 686 691.

OTHER PRESENT:

SMT. NISHA BOSE - SR.GP

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.10.2020,

THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.21092 OF 2020(J)

Indian Kanoon - http://indiankanoon.org/doc/759572/ 1

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JUDGMENT

The petitioner, who is stated to be presently working in the St.Joseph Higher Secondary School,
Karimannoor, Idukki, as HSA (Hindi) has approached this Court impugning E Xts.P4 and P8 as per
which, her earlier appointment which is under the same management of the 5th respondent -
Corporate Manager, has been rejected and asserts that these orders are illegal and unlawful. The
petitioner has consequentially prayed that the respondents be directed to approve her appointment
and grant her consequent service benefits.

2. After contending as afore, the petitioner however, concedes that she has already preferred E Xt.P9
revision before the Government of Kerala under the provisions of Rule 92 Chapter XIVA of the KER
and alternatively prays that the same be directed to be taken up and disposed of at the earliest.

3. The learned Senior Government Pleader, WP(C).No.21092 OF 2020(J) Smt.Nisha Bose submitted
that the petitioner only requires EXt.P9 to be taken up and disposed of, there does appear to be any
legal impediment in doing so, but that a copy of the same is not available on the files of the
competent Authority of the Government and it has not been able to trace out, the same has not
properly dated. She therefore, prays that this Court may direct the petitioner to furnish a fresh copy
of EXt.P9 along with a certified copy of the judgment before the competent Secretary of the
Government of Kerala and that the same can be then disposed of without any avoidable delay.

4. When I consider the afore submissions, it is without doubt that since the petitioner has already
invoked her statutory remedy of having approached the Government through E Xt.P9 revision, this
Court will not be justified in considering her contentions on merits and that it will be better to leave
the competent Authority of the Government to take up the said revision and dispose it of as per law.

Resultantly, I order this writ petition and direct the WP(C).No.21092 OF 2020(J) competent
Secretary of the 1st respondent to take up EXt.P9 revision filed by the petitioner and to dispose of
the same, after affording an opportunity of being heard to her - either physically or through video
conferencing - leading to an appropriate decision thereon, as e Xpeditiously as is possible but not
later than three months from the date of receipt of a copy of this judgment.

For the eXpeditious compliance of the directions in this judgment, I also direct the petitioner to
furnish a fresh copy of EXt.P9 revision along with a certified copy of the judgment before the
competent Secretary of the Government and time frame above shall start from the date on which it
is so presented.

SD/-

DEVAN RAMACHANDRAN
 rp JUDGE
WP(C).No.21092 OF 2020(J)

APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE APPROVED APPOINTMENT ORDER OF

THE PETITIONER AS HSA (HINDI) W.E.F.01.06.2016. EXHIBIT P2 TRUE COPY OF THE

APPOINTMENT ORDER OF THE PETITIONER W.E.F.01.06.2011 AS HSA (HINDI) ON REGULAR
BASIS.

EXHIBIT P2 (a) TRUE COPY OF THE CERTIFICATE IN RESPECT OF JOINING OF THE

PETITIONER W.E.F.01.06.2011 NO.195/2016 DATED 30.08.2016.

EXHIBIT P3 TRUE COPY OF THE APPROVED APPOINTMENT OF THE PETITIONER IN LEAVE

VACANCY DATED 20.08.2003. EXHIBIT P4 TRUE COPY OF THE ORDER REJECTING THE
PROPOSAL FOR APPROVAL NO.B2/2963/11/K.DIS. DATED 30.12.2011. EXHIBIT P5 TRUE
COPY OF THE COMMUNICATION ISSUED FROM C.M.P.G.R.C. DATED 12.02.2016
CONTAINING THE REJECTION LETTER OF THE DPI DATED 16.12.2015. EXHIBIT P6 TRUE
COPY OF THE G.O.(P) NO.29/2016/G.EDN. DATED 29.01.2016.

EXHIBIT P7 TRUE COPY OF THE REVISION PETITION DATED 27.05.2016.

EXHIBIT P8 TRUE COPY OF THE ORDER OF THE DPI NO.E.C.

(2)/84320/2015/DPI/K.DIS. DATED 28.12.2017. EXHIBIT P9 TRUE COPY OF THE REVISION

PETITION BEFORE THE GOVERNMENT.

EXHIBIT P10 TRUE COPY OF THE ORDER OF THE STATE HUMAN RIGHTS COMMISSION
NO.HRMP NO.3902/16/EKM DATED 23.04.2016.

EXHIBIT P11 TRUE COPY OF THE ORDER OF THE DD, IDUKKI NO.B4/7245/16/K.DIS. DATED
26.08.2016. EXHIBIT P12 TRUE COPY OF THE STAFF FIXATION ORDER FOR THE YEAR
2011-2012 NO.D.DIS/B2/3856/2015 DATED 14.07.2016.

WP(C).No.21092 OF 2020(J) EXHIBIT P13 TRUE COPY OF THE STAFF FIXATION ORDER FOR
THE YEAR 2012-2013 NO.D.DIS/B2/3856/2015 DATED 14.07.2016.
EXHIBIT P14 TRUE COPY OF THE STAFF FIXATION ORDER FOR THE YEAR 2013-2014
NO.D.DIS/B2/3856/2015 DATED 14.07.2016.

EXHIBIT P15 TRUE COPY OF THE STAFF FIXATION ORDER FOR THE YEAR 2014-2015
NO.D.DIS/B2/3856/2015 DATED 14.07.2016.

EXHIBIT P16 TRUE COPY OF THE STAFF FIXATION ORDER FOR THE YEAR 2015-2016
NO.D.DIS/B2/3856/2015 DATED 14.07.2016.

EXHIBIT P17 TRUE COPY OF THE RATIFICATION GIVEN TO LIEN ADJUSTMENT OF EXCESS
LG HINDI TEACHER NO.E.C. (3)/82226/2018/DPI/K.DIS DATED 03.09.2018.