2025:KER:28521 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 WP(C) NO. 13912 OF 2025 PETITIONERS: 1 RESHMI M.S AGED 31 YEARS W/O SUBEESH, L.P.S.A.,B.V. AIDED LOWER PRIMARY SCHOOL, KARALMANNA, VIA) CHERPULASSERY, PALAKKAD DISTRICT, PIN - 679506 2 HARISANKARAN P.N AGED 69 YEARS S/O NARAYANAN EZHUTHASSAN, MANAGER, B.V.AIDED LOWER PRIMARY SCHOOL, KARALMANNA, (VIA) CHERPULASSERY, PALAKKAD DISTRICT, PIN - 679506 BY ADVS. GEORGE ABRAHAM MARY CATHERINE PRIYANKA P.S. ALEX TOM JOSEPH RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2025:KER:28521 WP(C) NO.13912 of 2025 2 2 THE DIRECTOR OF GENERAL EDUCATION JAGATHY, THIRUVANANTHAPURAM, PIN - 695014 3 THE DEPUTY DIRECTOR OF EDUCATION, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, PALAKKAD, PIN - 678001 4 THE DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, MANNARKKAD, PALAKKAD, PIN - 678582 5 THE ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, CHERPULASSERY, PALAKKAD, PIN - 679503 SRI.V.VENUGOPAL, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:28521 WP(C) NO.13912 of 2025 3 JUDGMENT Dated this the 3rd day of April, 2025 The 1st petitioner states that she was appointed as LPSA at B.V. Aided Lower Primary School on 15.07.2021 by the 2nd petitioner- Manager of the School. The appointment of the 1st petitioner was made to a substantive vacancy arose in the School consequent to the promotion given to Sri. P.T. Giridharan as Headmaster. The Controlling Officer granted approval to the appointment of the 1st petitioner as LPSA as per Ext.P2. 2. In the academic year 2019-2020, there was a shortfall of one student to categorize the School as Economic School. In the academic year 2020-2021 onwards, the School is having sufficient number of students and was classified as Economic School. At the same time, due to Covid-19 pandemic, there were no Staff Fixation orders for the 2025:KER:28521 WP(C) NO.13912 of 2025 4 academic years 2020-2021 and 2021-2022. 3. On 20.05.2024, the Assistant Educational Officer issued a communication asking the Director of General Education to cancel the approval granted to the 1st petitioner. Accordingly, a hearing was conducted and the petitioners filed Ext.P11 Argument Note contending that the School was an Economic School at least from 2021 onwards. 4. The Director of General Education cancelled the approval on the pretext that there was no Staff Fixation for the academic years 2020-2021 and 2021-2022. The Director of General Education issued Ext.P12 cancellation order directing the Assistant Educational Officer to pass consequential orders. The Assistant Educational Officer ought to have approved the appointment of the 1st petitioner on daily wage basis from 15.07.2021 to 14.07.2022 and on regular basis from 15.07.2022 onwards. The 1st petitioner is entitled to get approval on regular scale of pay. This aspect was not 2025:KER:28521 WP(C) NO.13912 of 2025 5 considered by the Controlling Officer. 5. The Controlling Officer has now issued Exts.P13 and P15 orders asking the 1st petitioner to repay the four months’ salary which she had already drawn. The petitioners filed Exts.P14 and P14(a) Revision Petitions before the 1st respondent seeking approval of appointment of the 1st petitioner. However, the same has not been considered till date, contend the petitioners. 6. I have heard the learned counsel for the petitioners and the learned Government Pleader representing the respondents. 7. The challenge is against Exts.P10, P12, P13 and P15 orders. Going through the pleadings, I find that the 2nd petitioner has filed Ext.P14 Revision Petition in this regard before the 1st respondent. The 1st petitioner has also filed Ext.P14(a) Revision Petition. 2025:KER:28521 WP(C) NO.13912 of 2025 6 8. In the circumstances of the case, it would be only appropriate that the 1st respondent considers the Revision Petitions submitted by the petitioners and takes a decision thereon expeditiously in accordance with law. The writ petition is disposed of directing the 1st respondent to consider Exts.P14 and P14(a) Revision Petitions and take appropriate decision thereon within a period of four months, after giving an opportunity of hearing to the petitioners. Recovery pursuant to Exts.P13 and P15 shall stand deferred till an order is passed on the Revision Petitions. Sd/- N.NAGARESH JUDGE hmh 2025:KER:28521 WP(C) NO.13912 of 2025 7 APPENDIX OF WP(C) 13912/2025 PETITIONERS’ EXHIBITS Exhibit P1 A TRUE COPY OF THE ORDER NO.B1/197846/2022 DATED 25/06/2022 ISSUED BY THE DISTRICT EDUCATIONAL OFFICER, MANNARKKAD Exhibit P2 A TRUE COPY OF THE APPROVAL ORDER NO. D/52002/2023 DATED 26/11/2023 ISSUED BY THE ASSISTANT EDUCATIONAL OFFICER, CHERPULASSERY Exhibit P3 A TRUE COPY OF THE JUDGMENT IN W.P.(C) NO. 6534/2023 DATED 18/08/2023 Exhibit P4 A TRUE COPY OF THE SCHOOL PROFORMA (ACADEMIC YEAR 2019-20) SUBMITTED BY THE HEADMASTER DATED NIL Exhibit P5 A TRUE COPY OF THE 6TH WORKING DAY REPORT FOR THE ACADEMIC YEAR 2020-2021 WHICH WAS UPLOADED IN THE SAMPOORNA PORTAL Exhibit P6 A TRUE COPY OF THE 6TH WORKING DAY REPORT FOR THE ACADEMIC YEAR 2021-2022 Exhibit P7 A TRUE COPY OF THE STAFF FIXATION ORDER NO. C/48354/2022 DATED 22/8/2022 FOR THE ACADEMIC YEAR 2022-2023 Exhibit P8 A TRUE COPY OF THE STAFF FIXATION ORDER NO. D/61420/2023 DATED 18/6/2023 FOR THE ACADEMIC YEAR 2023-2024 Exhibit P9 A TRUE COPY OF G.O.(RT.) NO. 6859/2024/G.EDN. DATED 04/10/2024 2025:KER:28521 WP(C) NO.13912 of 2025 8 Exhibit P10 A TRUE COPY OF THE COMMUNICATION NO. AEOCPL/830/23/(1) DATED 20/05/2024 ISSUED BY THE ASSISTANT EDUCATIONAL OFFICER, CHERPULASSERY Exhibit P11 A TRUE COPY OF THE ARGUMENT NOTE SUBMITTED BY THE 1ST PETITIONER DATED 01/08/2024 Exhibit P12 A TRUE COPY OF THE ORDER NO.G1/11648/2024/D.G.E DATED 04/10/2024 ISSUED BY THE 2ND RESPONDENT Exhibit P13 A TRUE COPY OF THE ORDER NO.AEOCPL/830/2023-D DATED 05/12/2024 ISSUED BY THE ASSISTANT EDUCATIONAL OFFICER Exhibit P14 A TRUE COPY OF THE REVISION FILED BY THE 2ND PETITIONER DATED 18/11/2024 Exhibit P14(a) A TRUE COPY OF THE REVISION PETITION SUBMITTED BY THE 1ST PETITIONER Exhibit P15 A TRUE COPY OF THE COMMUNICATION NO.AEOCPL/830/2023-D DATED 06/03/2025 ISSUED BY THE ASSISTANT EDUCATIONAL OFFICER