High Court Kerala High Court

Sarika.E. vs State Of Kerala – Represented By … on 22 November, 2010

Kerala High Court
Sarika.E. vs State Of Kerala – Represented By … on 22 November, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 31882 of 2010(I)


1. SARIKA.E., PHYSICAL EDUCATION TEACHER,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA - REPRESENTED BY THE
                       ...       Respondent

2. THE DIRECTOR OF PUBLIC INSTRUCTIONS,

3. THE DEPUTY DIRECTOR OF EDUCATION,

4. THE DISTRICT EDUCATIONAL OFFICER,

5. THE MANAGER,

                For Petitioner  :SRI.ELVIN PETER P.J.

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.T.SANKARAN

 Dated :22/11/2010

 O R D E R
                        K.T.SANKARAN, J.
                ---------------------------------------------
                  W.P.(C).No.31882 of 2010
                ---------------------------------------------
           Dated this the 22nd day of November, 2010



                            JUDGMENT

Kuttamboor High School, Thamarassery, is a newly

opened school, which necessitates appointment of a protected

teacher as per the Government Orders in force. On 31.3.2008,

on the retirement of a Physical Education Teacher, a vacancy

arose. Another vacancy of Urdu Teacher arose on 31.5.2008 as

a result of the retirement of an Urdu Teacher. The Manager

appointed the petitioner as Physical Education Teacher and one

Noushad as Part Time Urdu H.S.A.. The District Educational

Officer rejected the proposal for approval of the aforesaid two

teachers. On appeal, the Deputy Director of Education passed

an order dated 7.7.2009 to approve the appointment of the

petitioner. Accordingly, the District Educational Officer

approved the appointment of the petitioner. The Deputy

Director of Education also directed to approve the appointment

of T.K.Noushad on daily wage basis. It would appear that

WPC No.31882/2010 2

Noushad filed a Writ Petition before the High Court. The High

Court directed the Deputy Director to take a final decision after

hearing all the affected parties and considering all the relevant

facts.

2. The Director of Public Instruction, probably invoking

the jurisdiction under Rule 8A of Chapter XIVA KER, passed Exhibit

P4 order dated 23.9.2010 setting aside the order dated 10.2.2010

passed by the District Educational Officer approving the

appointment of the petitioner. Exhibit P4 is under challenge in

this Writ Petition.

3. The learned counsel for the petitioner also submitted

that consequent on Exhibit P4, the District Educational Officer has

initiated proceedings for recovery of the salary drawn by the

petitioner from 2.6.2008 to 31.8.2010.

4. The learned Government Pleader submitted that

Exhibit P4 order is revisable under Rule 92 of Chapter XIVA of the

WPC No.31882/2010 3

Kerala Education Rules. That Exhibit P4 order is revisable under

Rule 92 of Chapter XIVA KER is not in dispute. However, the

learned counsel for the petitioner submitted that in the peculiar

facts and circumstances of the case, in spite of having an

alternative remedy, the Writ Petition is liable to be entertained.

He also submitted that as per Exhibit P10 order, proceedings have

been initiated for recovery of the salary already drawn by the

petitioner.

5. In the facts and circumstances of the case, I am of the

view that the petitioner should be relegated to the alternative

remedy available to him under Rule 92 of Chapter XIVA of the

Kerala Education Rules. Since the petitioner has an effective

alternative remedy, I do not think it is necessary to entertain the

Writ Petition at this stage. However, the petitioner contended

that if the proceedings for recovery of the salary drawn by the

petitioner for the period from 2.6.2008 to 31.8.2010 is proceeded

with, she would be put to great hardship. In these circumstances,

I am of the view that until the matter is decided by the

WPC No.31882/2010 4

Government in a revision to be filed by the petitioner before the

Government under Rule 92 of Chapter XIVA of the Kerala

Education Rules, the proceedings for recovery initiated as per

Exhibit P10 are liable to be kept in abeyance. The petitioner shall

file the revision before the first respondent within a period of

three weeks. The first respondent shall dispose of the revision in

accordance with law. Till the revision is disposed of, proceedings

for recovery of the salary, as per Exhibit P10, shall be kept in

abeyance. The petitioner shall produce a copy of the Writ

Petition, copy of I.A.No.16009 of 2010 and certified copy of the

judgment before the first respondent.

The Writ Petition is disposed of as above.

K.T.SANKARAN
JUDGE
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