Rajasree M vs State Of Kerala
2021 Latest Caselaw 16432 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
         THURSDAY, THE 5TH DAY OF AUGUST 2021 / 14TH SRAVANA, 1943
                         WP(C) NO. 15700 OF 2021
PETITIONER:


              RAJASREE M.
              AGED 32 YEARS
              W/O.JITHESH A., HIGH SCHOOL TEACHER (ENGLISH) (UNDER THE
              ORDERS OF TERMINATION) THIRUVANGOOR HIGHER SECONDARY
              SCHOOL, THIRUVANGOOR, KOYILANDI, KOZHIKKODE - 673 304.

              BY ADVS.
              S.P.ARAVINDAKSHAN PILLAY
              N.SANTHA
              V.VARGHESE
              V.MADHUSUDHANAN
              PETER JOSE CHRISTO
              S.A.ANAND
              K.N.REMYA
              L.ANNAPOORNA
              VISHNU V.K.
              ABHIRAMI K. UDAY
              KURUVILLA SABU CHRISTY


RESPONDENTS:


     1        STATE OF KERALA
              REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL
              EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM -
              695 001.

     2        THE DIRECTOR OF GENERAL EDUCATION
              JAGATHY, THIRUVANANTHAPURAM - 695 014.

     3        THE DISTRICT EDUCATIONAL OFFICER
              VADAKARA, KOZIKKODE - 673 104.

     4        THE MANAGER, THIRUVANGOOR HIGH SECONDARY SCHOOL
              THIRUVANGOOR, KOYILANDI, KOZHIKKODE - 673 304.
 WP(C) NO. 15700 OF 2021

                                 2




     5      MUHAMMED M.K.
            HIGH SCHOOL TEACHER (ENGLISH), THIRUVANGOOR HIGHER
            SECONDARY SCHOOL, THIRUVANGOOR, KOYILANDI, KOZHIKKODE
            - 673 304.

OTHER PRESENT:
           SMT. PARVATHY KOTTOL-G.P.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 15700 OF 2021

                                        3


                                 JUDGMENT

This writ petition is filed seeking the following reliefs:-

"i. declare that the 5th respondent is not entitled to be appointed as HST(English) by reversion from the post of HSST and the termination of the service of the petitioner from the post of HST is illegal and unsustainable.

ii. issue a writ of certiorari or any other appropriate writ, order or direction calling for the records leading to Ext.P12 and quash the same to the extent it concerns the petitioner and the 5th respondent.

iii. issue a writ of mandamus or any other appropriate writ, order or direction commanding the 2 nd respondent to consider and pass orders on Exhibit P-13 revision petition within a time limit to be fixed this Hon'ble Court."

2. Heard the learned counsel for the petitioner and

the learned Government Pleader. In view of the directions

being issued, notice to respondents 4 and 5 is dispensed

with.

3. It is submitted that the petitioner was working as

HST (English) in the 4th respondent's school. She was initially

appointed against an additional division vacancy from

01.06.2015. However, on 15.07.2015 she was appointed

against a vacancy which arose due to the appointment of the WP(C) NO. 15700 OF 2021

5th respondent as HSST (Junior). It is submitted that in later

proceedings, it was found that the appointment of the 5 th

respondent as HSST was under the direct recruitment

method. It is submitted that the petitioner's appointments for

the period from 15.07.2015 to 31.03.2018 and thereafter

from 30.06.2018 to 29.06.2023 have been approved. It is

submitted that the appointment of the petitioner from

02.07.2018 to 29.06.2023 was approved in a leave without

allowance vacancy. The 4th respondent had, thereafter, made

necessary rearrangements and Ext.P12 order was passed

permitting the teacher who had availed leave to rejoin duty

as HSST (English). One Deepu.K, HSST (English) (Junior), who

was promoted as HSST (English) in the vacancy of Sri.Jamsal

was shifted as HSST (English) against a junior post and he

was allowed to continue as HSST (English). However, the 5 th

respondent was reverted as HST (English) and

accommodated against the vacancy of HST (English)

occupied by the petitioner w.e.f 16.07.2021. The petitioner WP(C) NO. 15700 OF 2021

was reverted and re-posted as LPST against the vacancy

existing due to the retirement.

4. The learned counsel for the petitioner submits that

since the 5th respondent was admittedly appointed as HSST

(Junior) under the direct recruitment method, there would be

no question of reverting him to the post of HST. Further, it is

submitted that the petitioner had never worked in the post of

LPST to which he has now been reverted and that petitioner

is also not qualified since she does not have T.T.C

qualification. It is, therefore, submitted that the

arrangements done by the Manager are irregular and are

liable to be corrected. The petitioner has approached the 2 nd

respondent with Ext.P13 revision petition and seeks a

consideration of the same.

5. Having heard the learned Government Pleader also,

I am of the opinion that the issue is to be considered with

notice to the petitioner, respondents 4 and 5 as well as the

other teachers mentioned in Ext.P12. WP(C) NO. 15700 OF 2021

6. There will, accordingly, be a direction to the 2 nd

respondent to take up Ext.P13 revision petition preferred by

the petitioner and to pass orders on the same, after hearing

the petitioner, respondents 4 and 5 as well as the other

teachers mentioned in Ext.P12. The stay petition preferred by

the petitioner along with Ext.P13 shall be taken up and

considered at the earliest with notice to all concerned as

stated above, within a period of three weeks from the date of

receipt of a copy of this judgment. The revision petition shall

also be heard and disposed of without delay, at any rate,

within two months from the date of receipt of a copy of this

judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE bng/05.08.2021 WP(C) NO. 15700 OF 2021

APPENDIX OF WP(C) 15700/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF APPOINTMENT ORDER DATED 13/7/2011 ISSUED BY THE 4TH RESPONDENT TO THE 5TH RESPONDENT.

Exhibit P2 TRUE COPY OF APPOINTMENT ORDER DATED 1/6/2015 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER.

Exhibit P3 TRUE COPY OF ORDER NO.B5/4029/2015/K.DIS.

DATED 3/9/2016 ISSUED BY THE 3RD RESPONDENT.

Exhibit P4 TRUE COPY OF ORDER NO.B5-5308/2016/K.DIS.

DATED 29/6/2017 ISSUED BY 3RD RESPONDENT.

Exhibit P5 TRUE COPY OF ORDER NO.B6/7329/17/K.DIS.

DATED 13/09/2018 ISSUED BY THE 3RD RESPONDENT.

Exhibit P6 TRUE COPY OF APPOINTMENT ORDER DATED 30/6/2018 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER.

Exhibit P7 TRUE COPY OF THE JUDGMENT DATED 20/12/2017 IN WP(C) NO.17750 OF 2015 OF THIS HON'BLE COURT.

Exhibit P8 TRUE COPY OF ORDER GO(RT) NO.1957/2019/G.EDN. DATED 28/5/2019 ISSUED BY 1ST RESPONDENT.

Exhibit P9 TRUE COPY OF THE JUDGMENT DATED 30/09/2019 IN WP(C) NO.15770 OF 2019 OF THIS HON'BLE COURT.

WP(C) NO. 15700 OF 2021

Exhibit P10 TRUE COPY OF REVISION PETITION DATED 10/11/2020 FILED BY THE 4TH RESPONDENT BEFORE THE 2ND RESPONDENT.

Exhibit P11 TRUE COPY OF THE JUDGMENT DATED 13/07/2021 IN WP(C) NO.13896 OF 2021 OF THIS HON'BLE COURT.

Exhibit P12 TRUE COPY OF THE ORDER NO.1/21-22 DATED 16/07/21 ISSUED BY THE 4TH RESPONDENT.

Exhibit P13 COPY OF REVISION PETITION DATED 20/07/2021 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.