LAWS(KER)-2016-10-60

JAYAKRISHNAN P, S/O. KESAVAN NAMBIAR, PARUR, P.O. PANAPUZHA, KANNUR DISTRICT, ASST. TEACHER ALP SCHOOL, PARUR Vs. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION (P) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM

Decided On October 06, 2016
Jayakrishnan P, S/o. Kesavan Nambiar, Parur, P.O. Panapuzha, Kannur District, Asst. Teacher Alp School, Parur Appellant
V/S
State of Kerala, represented by the Secretary to Government, General Education (P) Department, Secretariat, Thiruvananthapuram Respondents

JUDGEMENT

(1.) Yet another instance of a Manager cutting corners and the victim, a teacher, paying the price-almost. Jayakrishnan P., the petitioner, a graduate with B.Ed., was appointed through Exhibit P1 on 20.10.2003, as Assistant Teacher by the Manager, Parur A.L.P. School. Initially, when Jayakrishnan's appointment was rejected concurrently by the Assistant Educational Officer ('AEO'), the primary authority, and also by the Deputy Educational Officer ('DEO'), the appellate authority, the Government in revision issued Exhibit P5 order directing the AEO to approve Jayakrishnan's appointment.

(2.) Later, a third-party filed W.P. (C) No. 2529/2008 assailing the revisional order (Ext.P5). On the other hand, Jayakrishnan filed W.P. (C) No. 4223/2008 seeking the revisional order's enforcement. This Court rendered Exhibit P6 common judgment in Sept. 2008 holding that the third-party lacks standing and that the revisional order needs to be implemented. It was done.

(3.) As Jayakrishnan had been continuing as an Assistant Teacher, in 2009 another person-M. Madhu-here the fourth respondent, styling himself to be the Secretary of one Phoenix Sports & Arts Club, filed an objection before the Government. His objection essentially is that Jayakrishnan, a B.Ed., graduate, had been teaching lower classes than the fifth standard, and it is impermissible. After following the due process, the Government issued an order (Ext.P11): It set aside the revisional order.