IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
FRIDAY, THE 17TH DAY OF JUNE 2022 / 27TH JYAISHTA, 1944
WP(C) NO. 12354 OF 2020
PETITIONER/S:
1 SHEEBA BEEGUM J
AGED 43 YEARS
W/O. NAZEER KHAN.M., HSST
T.K.M.H.S.S.,KARICODE,KOLLAM-691 005,
RESIDING AT FIRDHOSE, CHADANATHOPPU,
KOLLAM-691 014
2 RESMI.R.
AGED 42 YEARS
W/O. RAJEEVAN.,HST T.K.M.H.S.S.,
KARICODE, KOLLAM-691 005,
RESIDING AT SAROVARAM, MANGALATHU NAGAR, 167 A,
PUNTHALATHAZHAM , KILIKOLLOOR P.O.,
KOLLAM-691 004
BY ADVS.
P.NANDAKUMAR
SRI.S.ANEESH
SMT.AMRUTHA SANJEEV
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001
2 THE REGIONAL DEPUTY DIRECTOR,
HIGHER SECONDARY EDUCATION, PALAYAM,
THIRUVANANTHAPURAM-695 033
3 THE DISTRICT EDUCATIONAL OFFICER,
VIDYA NAGAR, KOLLAM-691 013
4 THE MANAGER,
T.K.M.H.S.S.,KARICODE,KOLLAM-691 005,
WP(C) NO. 12354 OF 2020
2
5 HASEENA.S.,
ASSISTANT PROFESSOR,MALAYALAM,
TKM COLLEGE OF ARTS AND SCIENCE,
KOLLAM-691 005
BY ADVS.
SMT NISHA BOSE SR. GOVERNMENT PLEADER
SRI.ARUN CHANDRAN
SRI.S.P.ARAVINDAKSHAN PILLAY
SMT.N.SANTHA
SRI.RIJI RAJENDRAN
SRI.V.VARGHESE
SMT.NISHA GEORGE
SRI.VISHNU B.KURUP
SRI.PETER JOSE CHRISTO
SRI.A.L.NAVANEETH KRISHNAN
SRI.S.A.ANAND
KUM.CHITHRA P.GEORGE
SMT.K.N.REMYA
SMT.L.ANNAPOORNA
SHRI.AKSHAY V NAIR
SHRI.VISHNU V.K.
KUM.ABHIRAMI K. UDAY
SHRI.KURUVILLA SABU CHRISTY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 17.06.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 12354 OF 2020
3
JUDGMENT
Instant writ petition is file seeking the following reliefs:
(i) To call for the records leading to Exhibits P7, P9 and P12 and quash the same by the issuance of a writ of certiorari.
(ii) To declare that the 5th respondent is not entitled to rejoin duty as HSST (Malaylam) at TKM Higher Secondary School, Kollam since her appointment as Assistant Professor in Malayalam at TKM College of Arts and Science, Kollam has already been approved by the University of Kerala and her probation in the said post has been declared.
(iii) To issue a writ of mandamus directing respondents 2 and 3 to approve the appointments of the petitioners as HSST (Malaylam) and HST (Malayalam) respectively and disburse their salary with arrears.
2. The brief facts are as under:-
The petitioners contend that the 1st petitioner was appointed as HSA (Malayalam) at the T.K.M. Higher Secondary School, Kollam on 05.06.2006. Later, she was appointed as HSST (Malayalam) w.e.f. 14.12.2018 in the vacancy which arose when the 5th respondent secured appointment as Assistant Professor (Malayalam) at the T.K.M. College of Arts and Science, Kollam. In the consequent vacancy left behind by the 1st petitioner, the 2nd petitioner was appointed as HSA (Malayalam) by Exhibit P2 order. It appears from the records produced before this Court that the appointment of the 5th respondent was WP(C) NO. 12354 OF 2020 4 approved by the University of Kerala and her probation was also declared. However, the educational authorities rejected the approval of the appointment of the 1st petitioner on the ground that the 5th respondent had not submitted any resignation in the post of HSST (Malayalam) to the 4th respondent. As a consequence, the appointment of the 2nd petitioner was also not approved.
3. While so, another development took place. The 5th respondent requested the Manager of T.K.M. Arts and Science College to relieve her from duty, so as to enable her to rejoin duty as HSST (Malayalam) at the T.K.M. Higher Secondary School, Kollam. However, the said request was rejected by Exhibit P11 order.
4. The petitioner contends that thereafter without notice to the petitioner herein, the 1st respondent has issued Exhibit P12 order holding that the relief of the 5th respondent from the post of HSST (Malayalam) was without obtaining prior permission from the educational authority in terms of Chapter XIV A Rule 48 A of the KER and in that view of the mater, she can be permitted to rejoin the duty as HSST (Malayalam) at the T.K.M. Higher Secondary School.
5. The contention of the petitioner is that the said order was passed in violation of all tenets of the law. It is further stated that the WP(C) NO. 12354 OF 2020 5 said order passed by the 1st respondent entails serious consequences to the petitioners and hence they also ought to have been heard. Various other contentions are also raised in the writ petition to impugn the order passed by the 1st respondent.
6. In the counter affidavit filed by the 1st respondent, it is stated that the 5th respondent has not resigned from the post of HSST and in terms of Chapter XIV A Rule 48 A of the KER, relieved employees are entitled to lien in the former post.
7. In the counter affidavit filed by the 5th respondent, the 5th respondent has given her reasons in support of the order passed by the government.
8. I have considered the submissions made across the bar.
9. The records reveal that Ext.P12 order has been issued by the Government pursuant to a letter dated 26.09.2019 submitted by the RDD. There is no case for the respondents that before passing such an order, the petitioners herein, who are persons likely to be affected by the said order was furnished with an opportunity of being heard. Furthermore, as is apparent from Ext.P12 one line order, none of the relevant aspects were noticed by the 1st respondent. In that view of WP(C) NO. 12354 OF 2020 6 the matter, I am of the considered opinion that the matter requires fresh consideration by the Government.
In view of the discussion above, Exhibit P12 will stand quashed. There will be a direction to the 1st respondent to reconsider the entire issue with notice to the petitioners herein, the respondent No. 5, as well as the Manager. Order shall be passed expeditiously, in any event, within a period of two months from the date of production of a copy of this judgment.
Until orders are passed as directed above, the interim order dated 23.06.2020 shall operate.
Sd/-
RAJA VIJAYARAGHAVAN V JUDGE avs WP(C) NO. 12354 OF 2020 7 APPENDIX OF WP(C) 12354/2020 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF ORDER DATED 13.12.2018 ISSUED BY 4TH RESPONDENT TO THE 1ST PETITIONER EXHIBIT P2 TRUE COPY OF ORDER DATED 14.12.2018 ISSUED BY 4TH RESPONDENT TO THE 2ND PETITIONER EXHIBIT P3 TRUE COPY OF ORDER DATED 25.06.2018 ISSUED BY THE MANAGER, TKM COLLEGE OF ARTS AND SCIENCE, KOLLAM EXHIBIT P4 TRUE COPY OF RELIEVING ORDER DATED 26.06.2018 ISSUED BY THE 4TH RESPONDENT TO THE 5TH RESPONDENT EXHIBIT P5 TRUE COPY OF ORDER DATED 26.02.2019 ISSUED BY THE UNIVERSITY OF KERALA EXHIBIT P6 TRUE COPY OF PROCEEDINGS DATED 27.06.2019 OF THE MANAGER, TKM COLLEGE OF ARTS AND SCIENCE, KOLLAM EXHIBIT P7 TRUE COPY OF ORDER DATED 15.02.2019 ISSUED BY THE 2ND RESPONDENT EXHIBIT P8 TRUE COPY OF LETTER DATED 03.04.2019 ISSUED BY THE 4TH RESPONDENT TO THE 2ND RESPONDENT EXHIBIT P9 TRUE COPY OF LETTER DATED 14.082019 ISSUED BY THE 2ND RESPONDENT EXHIBIT P10 TRUE COPY OF LETTER DATED 14.06.2019 ISSUED BY THE 4TH RESPONDENT TO THE 5TH RESPONDENT EXHIBIT P11 TRUE COPY OF LETTER DATED 16.07.2019 ISSUED BY THE MANAGER TKM COLLEGE OF ARTS AND SCIENCE, KOLLAM TO THE 5TH RESPONDENT WP(C) NO. 12354 OF 2020 8 EXHIBIT P12 TRUE COPY OF LETTER DATED 30.05.2020 ISSUED BY THE 1ST RESPONDENT RESPONDENT EXHIBITS EXHIBIT R5(a) TRUE COPY OF THE REPRESENTATION DATED 18.09.2018 FILED BY THE 5TH RESPONDENT TO THE MANAGER, TKM COLLEGE TRUST EXHIBIT R5(b) TRUE COPY OF THE REPRESENTATION DATED 10.12.2018 FILED BY THE 5TH RESPONDENT TO THE MANAGER, TKM COLLEGE TRUST EXHIBIT R5(c) TRUE COPY OF THE LETTER NO.ACD.B4/144815/2019/HSE DATED 18.06.2020 ISSUED FROM THE OFFICE OF THE DIRECTOR OF GENERAL EDUCATION (HIGHER SECONDARY WING)