Febin Xavier P.F v. State of Kerala rep.by its Secretary to Government

Court: High Court of Kerala

Bench: HONOURABLE MR.JUSTICE N.NAGARESH

Judgment date: 2025-04-03

Case summary

High Court of Kerala judgment dated 2025-04-03. Febin Xavier P.F v. State of Kerala rep.by its Secretary to Government. Read the judgment and case details...

Judgment text

2025:KER:28616 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE N. NAGARESH RD THURSDAY, THE 3 DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 WP(C) NO. 31694 OF 2024 PETITIONERS: 1 FEBIN XAVIER P. F LPST, ST. PETER’S LPS, KUMBALANGY, ERNAKULAM DISTRICT, PIN - 682007 2 DEEPA MARY. A. F UPST, ST. SEBASTIAN’S HIGHER SECONDARY SCHOOL, PALLURUTHY, ERNAKULAM DISTRICT, PIN - 682005 3 NEETHU VINCENT. K. V UPST, ST. SEBASTIAN’S HIGHER SECONDARY SCHOOL PALLURUTHY, ERNAKULAM DISTRICT, PIN - 682005 4 MARY ANJU K. ANTONY LPST, SANTHA CRUZ L. P. SCHOOL, FORT KOCHI, ERNAKULAM DISTRICT, PIN - 682001 5 SUSA M. V LPST, ST. ANTONY’S L. P. SCHOOL, KANNAMALI, ERNAKULAM DISTRICT, PIN - 682008 6 ROHINI XAVIER LPST, ST. SEBASTIAN’S LP SCHOOL, PALLURUTHY, ERNAKULAM DISTRICT, PIN - 682005 7 JINCY JOSEPH UPST, ST. PETER’S HIGHER SECONDARY SCHOOL, KUMBALANGHI, ERNAKULAM DISTRICT, PIN - 682007 2025:KER:28616 WP(C) No. 31694 of 2024 2 8 LINI T. S UPST, ST.

PETER’S HIGHER SECONDARY SCHOOL, KUMBALANGHI, ERNAKULAM DISTRICT, PIN - 682007 9 JESNA K. SEBASTIAN HST (PHYSICAL SCIENCE), SANTA CRUZ H. S. S, FORT KOCHI, ERNAKULAM DISTRICT, PIN - 682001 10 MEPHIN STANLEY LPST, ST. PETER’S LPS, KUMBALANGHI, ERNAKULAM DISTRICT, PIN - 682007 11 JASMIN P. O LPST, ST. GEORGE’S LP SCHOOL, PAZHANGAD, KUMBALANGHI, ERNAKULAM DISTRICT, PIN - 682007 12 AUGUSTINE JUSTINE C. J, HST (DRAWING TEACHER-ART EDUCATION) ST. GEORGE’S HIGH SCHOOL, THANKEY, ALAPPUZHA DISTRICT, PIN - 688529 13 SHERIN ELZABETH. A UPST, ST. GEORGE’S HIGH SCHOOL, THANKEY, ALAPPUZHA DISTRICT, PIN - 688529 14 JOJI T. G JLT (HINDI), ST. GEORGE’S HIGH SCHOOL, THANKEY, ALAPPUZHA DISTRICT, PIN - 688529 15 LINIJA JAMES UPST, ST. GEORGE’S HIGH SCHOOL, THANKEY, ALAPPUZHA DISTRICT, PIN - 688529 16 LAYA JOHN. V L. G. HINDI, ST. MARY’S HIGH SCHOOL, CHELLANAM, ERNAKULAM DISTRICT, PIN - 682005 2025:KER:28616 WP(C) No. 31694 of 2024 3 17 BINZY JACOB HST (PHYSICAL SCIENCE), ST.

GEORGE’S HIGH SCHOOL, THANKEY, ALAPPUZHA DISTRICT, PIN - 688529 18 GEORGE JENEESH P. A, LPST, ST. GEORGE’S L. P. SCHOOL, PAZHANGAD, KUMBALANGHI, ERNAKULAM DISTRICT, PIN - 682007 19 JOSLIN CHRISTUS V. J HST (NATURAL SCIENCE) ST. MARY’S HIGH SCHOOL, CHELLANAM, ERNAKULAM DISTRICT, PIN - 682008 20 RINCEY ANTONY LPST, ST. LOUIS LP SCHOOL, MUNDAMVELI, ERNAKULAM, PIN - 682507 21 SUMI HARSHAL UPST, SANTA CRIZ H. S. S, FORT KOCHI, ERNAKULAM DISTRICT, PIN - 682001 22 MATHEW K. V LPST, ST. GEORGE’S L. P. SCHOOL, PAZHANGAD, KUMBALANGHI, ERNAKULAM DISTRICT, PIN - 682007 23 REMYA K. M LPST, ST. AUGUSTINE’S L. P. SCHOOL, AROOR, ALAPPUZHA, PIN - 688534 24 ANNIE RINCY A. G LPST, ST. AUGUSTINE’S LPS. AROOR, ALAPPUZHA DISTRICT, PIN - 688534 25 NITHYA STEPHEN. A LPST, SANTA CRUZ H. S. S, FORT KOCHI, ERNAKULAM DISTRICT, PIN - 682001 26 DYNA CELIN K. M, HST, ST. PETER’S HIGHER SECONDARY SCHOOL, KUMBALANGHI, ERNAKULAM DISTRICT, PIN - 682007 2025:KER:28616 WP(C) No. 31694 of 2024 4 27 SHINY T. D UPST.

SANTACRUZ HIGHER SECONDARY SCHOOL, FORT KOCHI, ERNAKULAM DISTRICT, PIN - 682001 28 SARITHA. T UPST, ST. PETER’S HIGHER SECONDARY SCHOOL, KUMBALANGHY, ERNAKULAM DISTRICT, PIN - 682007 29 ROSE JESMI P. S LPST, ST. SEBASTIAN’S LP SCHOOL, PALLURUTHY, ERNAKULAM, PIN - 682005 30 TRESA REMYA ANTONY UPST, ST. PETER’S HIGHER SECONDARY SCHOOL, KUMBALANGHY, ERNAKULAM DISTRICT, PIN - 682007 BY ADVS. M. R. ANISON P. A. RINUSA ANNIE JACOB RESPONDENTS: 1 STATE OF KERALA REP. BY ITS SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM, PIN - 695001 2 THE DIRECTOR OF GENERAL EDUCATION, OFFICE OF THE DIRECTOR OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM, PIN - 695014 3 THE DISTRICT EDUCATIONAL OFFICER ERNAKULAM, PIN - 686691 4 THE DISTRICT EDUCATIONAL OFFICER CHERTHALA, PIN - 688524 2025:KER:28616 WP(C) No.

31694 of 2024 5 5 THE ASSISTANT EDUCATIONAL OFFICER MATTANCHERRY, ERNAKULAM, PIN - 682002 6 THE ASSISTANT EDUCATIONAL OFFICER THURAVOOR, ALAPPUZHA DISTRICT, PIN - 688532 7 THE CORPORATE MANAGER CORPORATE EDUCATIONAL AGENCY, DIOCESE OF COCHIN, CATHOLIC CENTRE, THOPPUMPADY,COCHIN, PIN - 682005 BY ADV. SRI. TONY AUGUSTINE, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03. 04. 2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:28616 WP(C) No. 31694 of 2024 6 JUDGMENT rd Dated this the 3 day of April, 2025 The petitioners, who are Teachers appointed in Aided Schools, filed this writ petition seeking the following reliefs: (a) To issue a writ of certiorari or other appropriate writ order or direction to quash Exts.

P32 and P33 order / circular to the extent of imposing the condition that, only after appointing or approving the appointment of differently abled candidates in the entire backlog vacancies reserved for them, the teachers appointed after 18. 11. 2018 are entitled for regular appointment and their service benefits, attached to regular post, since such conditions will have the effect of violating petitioners' fundamental right under Article 14,16 and 21 of the Constitution. (b) Issue a writ of mandamus or other appropriate order or direction, directing respondents 3 to 6 to approve the appointment of the petitioners th on regular time scale of pay in the 7 respondent's school with effect from the very first date of their appointments in their respective posts.

(c) Issue a writ of mandamus or other appropriate order or direction, directing the respondents to sanction and disburse the entire arrears of salary and other service benefits due to th the petitioners in the regular scale of pay in the 7 respondent's school from the respective dates of th their initial appointments in the 7 respondent's school. 2025:KER:28616 WP(C) No. 31694 of 2024 7 (d) To declare that, applying the relevant provisions of the Kerala Education Rules, Exts. P32 and P33 orders to the extent of not approving petitioners' appointments in the respective posts on regular time scale of pay with effect from the very first date of their appointments to that posts are invalid in the eye of law. 2. When this writ petition came up for hearing today, counsel for the petitioners submitted that the Hon'ble Apex Court has considered the issue in SLP(C) No.

11373 of 2024 wherein, the Hon'ble Apex Court has permitted to fill up the vacancies except the seats which are reserved for Persons with Disabilities. 3. In Ext. P35 order, the Hon’ble Apex Court has further ordered that on appointments being made and the proposals for regularisation being submitted to the State Government, the State Government shall decide the same expeditiously. From Ext. P36 Government Order dated 17. 03. 2025, it is seen that the Government has passed consequential order also. 2025:KER:28616 WP(C) No. 31694 of 2024 8 In view of the afore developments, the writ petition is st disposed of directing the 1 respondent to consider / reconsider the issue of grant of approval to the appointment of the petitioners on regular basis in the light of Ext. P35 and Ext. P36 order of the Government. Orders shall be passed within a period of two months. Sd/- N. NAGARESH JUDGE spk 2025:KER:28616 o. 31694 of 2024 9 APPENDIX OF WP(C) 31694/2024 PETITIONER EXHIBITS TRUE COPY OF G. O.

(MS) NO. 111/2022/ G. EDN. DATED 25. 06. 2022 TRUE COPY OF THE APPROVAL ORDER BEARING NO. E/54100/2023 DATED 16. 12. 2023 ISSUED BY THE 5TH RESPONDENT TO THE 1ST PETITIONER TRUE COPY OF APPROVAL ORDER BEARING NO. B3/35512/2022 DATED 26. 02. 2024 ISSUED BY THE 3RD RESPONDENT TO THE 2ND PETITIONER TRUE COPY OF THE APPROVAL ORDER BEARING NO. B3/35954/2022 DATED 07. 03. 2024 ISSUED BY THE 3RD RESPONDENT TO THE 3RD PETITIONER TRUE COPY OF THE APPROVAL ORDER BEARING NO. E/48680/2023 DATED 11. 01. 2024 ISSUED BY THE 5TH RESPONDENT TO THE 4TH PETITIONER. TRUE COPY OF THE APPROVAL ORDER BEARING NO. E/48689/2023 DATED 11. 01. 2024 ISSUED BY THE 5TH RESPONDENT TO THE 5TH PETITIONER TRUE COPY OF THE APPROVAL ORDER BEARING NO. E/54102/2023 DATED 28. 11. 2023 ISSUED BY THE 5TH RESPONDENT TO THE 6TH PETITIONER. BEARING NO. B3/35515/2022 DATED 2025:KER:28616 o. 31694 of 2024 10 11. 03. 2024 ISSUED BY THE 3RD RESPONDENT TO THE 7TH PETITIONER TRUE COPY OF THE APPROVAL ORDER BEARING NO.

B3/35505/2022 DATED 11. 03. 2024 ISSUED BY THE 3RD RESPONDENT TO THE 8TH PETITIONER TRUE COPY OF THE APPROVAL ORDER BEARING NO. B3/49508/2023 DATED 04. 06. 2024 ISSUED BY THE 5TH RESPONDENT TO THE 9TH PETITIONER TRUE COPY OF THE APPROVAL ORDER BEARING NO. E/54099/2023 DATED 16. 12. 2023 ISSUED BY THE 5TH RESPONDENT TO THE 10TH PETITIONER TRUE COPY OF THE APPROVAL ORDER BEARING NO. E/54101/2023 DATED 03. 11. 2023 ISSUED BY THE 5TH RESPONDENT TO THE 11TH PETITIONER. TRUE COPY OF THE APPROVAL ORDER BEARING NO. B5/47929/2023 DATED 20. 07. 2024 ISSUED BY THE 4TH RESPONDENT TO THE 12TH PETITIONER TRUE COPY OF THE APPROVAL ORDER BEARING NO. B5/35491/2022 DATED 13. 06. 2024 ISSUED BY THE 4TH RESPONDENT TO THE 13TH PETITIONER TRUE COPY OF THE APPROVAL ORDER BEARING NO. B5/38506/2022 DATED 21. 06. 2024 ISSUED BY THE 4TH RESPONDENT TO THE 14TH PETITIONER BEARING NO. B5/138104/2023 DATED 2025:KER:28616 o. 31694 of 2024 11 10. 07. 2024 ISSUED BY THE 4TH RESPONDENT TO THE 15TH PETITIONER.

TRUE COPY OF THE APPROVAL ORDER BEARING NO. B3/38569/2022 DATED 11. 03. 2024 ISSUED BY THE 3RD RESPONDENT TO THE 16TH PETITIONER TRUE COPY OF THE APPROVAL ORDER BEARING NO. B5/35562/2022 DATED 31. 05. 2024 ISSUED BY THE 4TH RESPONDENT TO THE 17TH PETITIONER TRUE COPY OF THE APPROVAL ORDER BEARING NO. E/54103/2023 DATED 03. 11. 2023 ISSUED BY THE 5TH RESPONDENT TO THE 18TH PETITIONER TRUE COPY OF THE APPROVAL ORDER BEARING NO. B3/35942/2022 DATED 11. 04. 2024 ISSUED BY THE 3RD RESPONDENT TO THE 19TH PETITIONER TRUE COPY OF THE APPROVAL ORDER BEARING NO. E/54104/2023 DATED 03. 11. 2023 ISSUED BY THE 5TH RESPONDENT TO THE 20TH PETITIONER TRUE COPY OF THE APPROVAL ORDER BEARING NO. B3/46963/2023 DATED 22. 03. 2024 ISSUED BY THE 3RD RESPONDENT TO THE 21ST PETITIONER. TRUE COPY OF THE APPROVAL ORDER BEARING NO. E/54096/2023 DATED 03. 11. 2023 ISSUED BY THE 5TH RESPONDENT TO THE 22ND PETITIONER. BEARING NO. C/49323/2023 DATED 2025:KER:28616 o. 31694 of 2024 12 25. 03.

2024 ISSUED BY THE 6TH RESPONDENT TO THE 23RD PETITIONER TRUE COPY OF THE APPROVAL ORDER BEARING NO. C/30149/2022/K. DIS DATED 25. 07. 2023 ISSUED BY THE 6TH RESPONDENT TO THE 24TH PETITIONER TRUE COPY OF THE APPROVAL ORDER BEARING NO. E/48691/2023 DATED 04. 01. 2024 ISSUED BY THE 5TH RESPONDENT TO THE 25TH PETITIONER TRUE COPY OF THE APPROVAL ORDER BEARING NO. B3/55394/2023 DATED 09. 07. 2024 ISSUED BY THE 3RD RESPONDENT TO THE 26TH PETITIONER. TRUE COPY OF THE APPROVAL ORDER BEARING NO. B3/49492/2023 DATED 22. 03. 2024 ISSUED BY THE 3RD RESPONDENT TO THE 27TH PETITIONER TRUE COPY OF THE APPROVAL ORDER BEARING NO. B3/46973/2023 DATED 22. 03. 2024 ISSUED BY THE 3RD RESPONDENT TO THE 28TH PETITIONER TRUE COPY OF THE APPROVAL ORDER BEARING NO. E/54095/2023 DATED 02. 12. 2023 ISSUED BY THE 5TH RESPONDENT TO THE 29TH PETITIONER. TRUE COPY OF THE APPROVAL ORDER BEARING NO. B5/38470/2022 DATED 09. 08. 2024 ISSUED BY THE 4TH RESPONDENT TO THE 30TH PETITIONER TRUE COPY OF G. O. (MS) NO.

29/2023/GEDN DATED 24. 03. 2023 ISSUED BY THE 1ST 2025:KER:28616 WP(C) No. 31694 of 2024 13 RESPONDENT Exhibit P33 TRUE COPY OF THE CIRCULAR NO. H2/295299/2022/D. G. E. DATED 31. 03. 2023 ISSUED BY THE 2ND RESPONDENT Exhibit P34 TRUE COPY OF THE SALARY SLIP OF A TEACHER WORKING IN AN AIDED SCHOOL ON A REGULAR BASIS IN JUNE, 2024. Exhibit P35 TRUE COPY OF THE ORDER DATED 04. 03. 2025 IN SLP(C) NO. 11373/2024 PASSED BY THE HON’BLE SUPREME COURT Exhibit P36 TRUE COPY OF THE ORDER BEARING G. O. (MS)NO. 43/2025/GEDN, DATED 17. 03. 2025 ISSUED BY THE 1ST RESPONDENT Exhibit P37 TRUE COPY OF THE JUDGMENT DATED 18. 03. 2025 IN W. P. (C)NO. 5651/2025

Source: High Court of Kerala. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.