IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
THURSDAY, THE 9TH DAY OF JUNE 2022 / 19TH JYAISHTA, 1944
WP(C) NO. 2168 OF 2021
PETITIONER/S:
SREEDEEP.K.R
AGED 32 YEARS
SON OF RAMACHANDRAN, HIGHER SECONDARY SCHOOL TEACHER
(COMPUTER SCIENCE), HIGHER SECONDARY SCHOOL, KERALASSERY,
PALAKKAD-678 641.
BY ADVS.
V.A.MUHAMMED
SRI.M.SAJJAD
RESPONDENT/S:
1 THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL
EDUCATION DEPARTMENT, SECRETARIAT ANNEXE II,
THIRUVANANTHAPURAM-695 001.
2 THE DIRECTOR OF GENERAL EDUCATION,
(HIGHER SECONDARY WING), HOUSING BOARD BUILDINGS, SANTHI
NAGAR, THIRUVANANTHAPURAM-695 001.
3 THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY
EDUCATION,
B2 BLOCK, CIVIL STATION, MALAPPURAM-676 505.
4 THE MANAGER, HIGHER SECONDARY SCHOOL, KERALASSERY,
PALAKKAD-678 641.
5 THE RINCIPAL, HIGHER SECONDARY SCHOOL, KERALASSERY,
PALAKKAD-678 641.
BY ADV ADVOCATE GENERAL OFFICE KERALA
SMT NISHA BOSE SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 09.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 2168 OF 2021
2
JUDGMENT
The petitioner states that he was appointed as HSST (Computer Application) as per Exhibit P6 order in the Keralassery Higher Secondary School, Palakkad, an aided school managed by the 4th respondent. The grievance of the petitioner is that approval for his appointment has been declined by the official respondents without assigning any reason. It is pointed out that a certain Sri.C.Radhakrishnan, who was appointed along with the petitioner as HSST (Jr.)(Commerce) and similarly placed as the petitioner was granted approval but the petitioner was discriminated against. It is in the afore circumstances that the petitioner is before this Court seeking directions to the 3rd respondent to approve the appointment of the petitioner as HSST (Computer Science) from 02.02.2019 onwards and also to disburse the attendant benefits.
2. A counter affidavit has been filed by the 3rd respondent, wherein it is stated that the petitioner was appointed as HSST (Computer Application), by the then Manager certain Sri. Vasudevan Unni, along with Sri. C. Radhakrishnan, HSST (Jr.)(Commerce), in a post which was created on 20.08.2019. According to the respondent, while processing the proposal for approval, it is found that there was a vacancy of HSST left to be filled on by by-transfer quota, and a claim for which has been raised by a fully WP(C) NO. 2168 OF 2021 3 qualified HSA (Malayalam). It is contended that the appointment of the petitioner by the Manager could not be justified for the above reason. If the 3rd respondent ventures to grant approval to the petitioner, it may result in seniority issues between the petitioner and Smt. N. Smitha. It is further submitted that Smt. N. Smitha has now been appointed and a proposal has been submitted before the Regional Deputy Director (RDD) by the Manger, which is pending. However, approval was not granted as the Manager who appointed Smt.Smitha was not an approved manager.
3. I have considered the submissions advanced and have perused the records.
4. From the counter affidavit, it is borne out that it was in duly created posts that the petitioner and Sri C. Radhakrishan were appointed. The only reason stated by the respondents for non-grant of approval is that the approval of the appointment of a by-transfer appointee has not been granted and therefore, in all likelihood, seniority issues may arise. The records reveal that the delay in granting approval of the appointment of Smt.Smitha is for the reason that she was granted appointment by an unapproved manager. I am of the considered opinion that there is no reason to delay the grant of approval to the petitioner for the above reason. Necessary directions can be issued to the 3rd respondent to grant approval WP(C) NO. 2168 OF 2021 4 to the petitioner herein. Insofar as the seniority issues between the petitioner and Smt. N. Smitha, HSA (Malayalam) is concerned, the said issue can be resolved as and when approval of the appointment of Smt. N. Smitha is granted.
5. Resultantly, this writ petition will stand disposed of directing the 3rd respondent to approve the appointment of the petitioner as HSST (Computer Application) from the date of appointment and to disburse the attendant benefits. The respondents will be at liberty to resolve the seniority issues between the petitioner herein and Smt. N. Smitha, HSA (Malayalam) after approval of appointment is granted to Smt Smitha.
Sd/-
RAJA VIJAYARAGHAVAN V JUDGE avs WP(C) NO. 2168 OF 2021 5 APPENDIX OF WP(C) 2168/2021 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE ORDER NO.K.DIS/B1/595/2017 DATED 25.03.2017 OF THE DEO, PALAKKAD.
EXHIBIT P2 TRUE COPY OF THE GO(MS) NO.125/2019/GEDN DATED 20.08.2019 OF THE GOVT.
EXHIBIT P3 TRUE COPY OF THE NOTIFICATION PUBLISHED IN CHANDRIKA DAILY DATED 20.11.2019.
EXHIBIT P4 TRUE COPY OF THE MINUTES OF THE STAFF SELECTION COMMITTEE HELD ON 01.12.2019.
EXHIBIT P5 TRUE COPY OF THE PROCEEDINGS OF THE SELECTION COMMITTEE.
EXHIBIT P6 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 02.12.2019.
EXHIBIT P7 TRUE COPY OF THE APPOINTMENT ORDER OF SRI.RADHAKRISHNAN.C. DATED 02.12.2019.
EXHIBIT P8 TRUE COPY OF THE ORDER NO.J/14611/2019/RDD/MLPM/HSE/K.DIS DATED 16.06.2020 OF THE 3RD RESPONDENT.
EXHIBIT P9 TRUE COPY OF THE UNDERTAKING OF THE MANAGER DATED 22.06.2020.