R.Harikumar vs The Manager
2021 Latest Caselaw 2030 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

    TUESDAY, THE 19TH DAY OF JANUARY 2021 / 29TH POUSHA, 1942

                       WP(C).No.9800 OF 2013(Y)


PETITIONER:

               R.HARIKUMAR, AGED 53 YEARS
               S/O.RAMACHANDRAN NAIR, HIGH SCHOOL ASSISTANT, AMRITHA
               VOCATIONAL HIGHER SECONDARY
               SCHOOL,KONNI,PATHANAMTHITTA DISTRICT,RESIDING AT
               JAYASREE NIVAS,VALLIKODE.P.O,PATHANAMTHITTA DISTRICT.

               BY ADV. SMT.A.RAJESWARI

RESPONDENTS:

      1        THE MANAGER
               AMRITHA VOCATIONAL HIGHER SECONDARY
               SCHOOL,KONNI,PATHANAMTHITTA DISTRICT-689691.

      2        THE DISTRICT EDUCATIONAL OFFICER
               PATHANAMTHITTA-689594.

      3        THE DIRECTOR OF PUBLIC INSTRUCTIONS
               THIRUVANANTHAPURAM-695014.

      4        STATE OF KERALA
               REPRESENTED BY THE SECRETARY,EDUCATION
               DEPARTMENT,SECRETARIAT,THIRUVANANTHAPURAM-695001.

      5        RAJASREE.M.K
               HIGH SCHOOL ASSISTANT,AMRITHA HIGH
               SCHOOL,MOOLAVATTOM,KOTTAYAM DISTRICT,PIN-686012.

               SRI.K.N.GOVINDANKUTTY MENON
               SRI.V.B.PREMACHANDRAN
               SRI. P.M.MANOJ - SR.GP

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD          ON
19.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.9800 OF 2013(Y)

                                      2


                                JUDGMENT

Dated this the 19th day of January 2021

The petitioner has filed this writ petition seeking a

direction to respondents to promote him as the Headmaster of

the Amritha Vocational Higher Secondary School, Konni,

Pathanamthitta.

2. I notice that this matter was filed as early as in the

year 2013 and that the petitioner has not been able to secure

any interim orders from this Court, though, as per order dated

08.04.2013, the approval of the fifth respondent's appointment

has been made subject to the appeals filed by the petitioner, as

well as other teachers, challenging Ext.P3 final seniority list,

before the Government. However, nothing has been placed on

record as to what happened subsequently; and going by the

age of the petitioner, who was 53 at the time when this matter

was filed, he cannot be now appointed as an Headmaster.

3. I am, therefore, of the firm view that the reliefs sought

for in this writ petition cannot be granted at this distance of

time.

I, therefore, close this writ petition without further WP(C).No.9800 OF 2013(Y)

orders; however, leaving liberty to the petitioner to seek

rehearing of this writ petition, if any further orders are

necessary.

Sd/- DEVAN RAMACHANDRAN

Stu JUDGE WP(C).No.9800 OF 2013(Y)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE SENIORITY LIST OF TEACHERS (HIGH SCHOOL SECTION) DATED 1.1.2011 ISSUED BY THE AMRITHA.H.S,KONNI.

EXHIBIT P2 TRUE COPY OF THE REQUEST SENT BY THE MEMBERS OF THE KKNMV HSS,KONNI 3.5.2006.

EXHIBIT P3 TRUE COPY OF THE RELEVANT EXTRACT OF THE COMMON SENIORITY LIST OF TEACHERS (HIGH SCHOOL SECTION)DATED 1.1.2O11 OF AMRITHA VHSS,KONNI

EXHIBIT P4 TRUE COPY OF THE ORDER NO.F4/37344/12/DPI/K.DIS.DATED 30.7.2012.ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P5 TRUE COPY OF ORDER NO.ET3/78222/2011/DPI DATED 16.5.2012 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE HON.MINISTER FOR EDUCATION.

EXHIBIT P7 TRUE COPY OF JUDGMENT DTED 11.2.2013 IN WP(C)NO.30310/2012 OF THIS HONOURABLE COURT.

EXHIBIT P8 TRUE COPY OF APPOINTMENT ORDER DATED 1/4/2013 ISSUED BY THE AMRITA VOCATIONAL HIGHER SECONDARY SCHOOL.

EXHIBIT P9 TRUE COPY OF THE LETTER SENT BY THE 5TH RESPONDENT TO THE CORPORATE MANGAGER DATED 30.3.2013.