Kerala High Court
S. Hariharan Pillai vs State Of Kerala Represented By Its ... on 7 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 07TH DAY OF JANUARY 2021 / 17TH POUSHA, 1942
WP(C).No.23999 OF 2020(Y)
PETITIONER:
S. HARIHARAN PILLAI, PRINCIPAL-IN-CHARGE,
VOCATIONAL HIGHER SECONDARY SCHOOL, KARAVARAM,
THIRUVANANTHAPURAM DISTRICT, RESIDING AT VILAYIL
VEEDU, NAVAIKULAM P.O.THIRUVANANTHAPURAM-695 603.
BY ADVS.SHRI.THOMAS ABRAHAM
SRI.ANIL K.NAIR
SMT.MERCIAMMA MATHEW
SRI.ASWIN.P.JOHN
SRI.R.ANANTHAPADMANABAN
SHRI.THAYYIB SHA P.S.
SMT.A.APARNA KAIMAL
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY ITS SECRETARY,
GENERAL EDUCATION DEPARTMENT, GOVERNMENT OF
KERALA, SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2 THE DIRECTOR OF GENERAL EDUCATION, GOVERNMENT OF
KERALA, HOUSING BOARD COMPLEX, 5TH FLOOR, FIRE
FORCE JUNCTION, THIRUVANANTHAPURAM-695 001.
3 SENIOR ADMINISTRATIVE OFFICER, OFFICE OF THE
DIRECTOR OF GENERAL EDUCATION, GOVERNMENT OF
KERALA, HOUSING BOARD COMPLEX, 5TH FLOOR, FIRE
FORCE JUNCTION, THIRUVANANTHAPURAM-695 001.
4 THE ASSISTANT DIRECTOR, REGIONAL OFFICE OF
VOCATIONAL HIGHER SECONDARY EDUCATION,
KADAPPAKADA, KOLLAM-691 008.
5 MANAGER, VOCATIONAL HIGHER SECONDARY SCHOOL,
KARAVARAM, KALLAMBALAM P.O.,
THIRUVANANTHAPURAM-695 605.
6 THE TREASURY OFFICER, SUB TREASURY,
ATTINGAL-695 101.
WPC 23999/20 2
ADDL.7 SHAJU.S, AGED 48 YEARS, S/O.P.SUKUMARAN NAIR,
NON-VOCATIONAL TEACHER IN GENERAL FOUNDATION
COURSE, VOCATIONAL HIGHER SECONDARY SCHOOL,
KARAVARAM, KALLAMBALAM P.O.,
THIRUVANANTHAPURAM - 695 605.
ADDL.8 RATHEESH R., AGED 35 YEARS, S/O.RAVEENDRAN NAIR,
NON-VOCATIONAL TEACHER IN HISTORY, VOCATIONAL
HIGHER SECONDARY SCHOOL, KARAVARAM, KALLAMBALAM
P.O., THIRUVANANTHAPURAM - 695 605.
ADDL.9 SADIKH N.K., AGED 50 YEARS, S/O.KASIM KUNJU,
LABORATORY TECHNICAL ASSISTANT IN CIVIL
CONSTRUCTION TECHNOLOGY, VOCATIONAL HIGHER
SECONDARY SCHOOL, KARAVARAM, KALLAMBALAM P.O.,
THIRUVANANTHAPURAM - 695 605.
ADDL.10 ATHEETHA V.S., AGED 31 YEARS, D/O.K.C.VIJAYAKUMAR,
NON-VOCATIONAL TEACHER IN CHEMISTRY, VOCATIONAL
HIGHER SECONDARY SCHOOL, KARAVARAM, KALLAMBALAM
P.O., THIRUVANANTHAPURAM - 695 605.
ADDL.11 MANJUSHA S.M., AGED 39 YEARS, D/O.N.MADHAVANKUTTY,
VOCATIONAL INSTRUCTOR IN AGRICULTURE, VOCATIONAL
HIGHER SECONDARY SCHOOL, KARAVARAM, KALLAMBALAM
P.O., THIRUVANANTHAPURAM - 695 605.
ADDL.12 SHEEJA.S., AGED 50 YEARS, D/O.N.SREENIVASAN,
NON-COVATIONAL INSTRUCTOR IN COMPUTER OFFICE
MANAGEMENT, VOCATIONAL HIGHER SECONDARY SCHOOL,
KARAVARAM, KALLAMBALAM P.O.,
THIRUVANANTHAPURAM - 695 605.
ADDL.13 ANITHA S., AGED 53 YEARS, D/O.K.SIVARAJAN,
LABORATORY TECHNICAL ASSISTANT IN COMPUTER
OFFICE MANAGEMENT, VOCATIONAL HIGHER SECONDARY
SCHOOL, KARAVARAM, KALLAMBALAM P.O.,
THIRUVANANTHAPURAM - 695 605.
ADDL.14 SHIJU S., AGED 39 YEARS, S/O.SUKUMARAN, NON-
VOCATIONAL TEACHER IN ECONOMICS, VOCATIONAL
HIGHER SECONDARY SCHOOL, KARAVARAM, KALLAMBALAM
P.O., THIRUVANANTHAPURAM - 695 605.
WPC 23999/20 3
ADDL.15 HARIKRISHNAN.S., AGED 32 YEARS, S/O.SATHEESHAN
NAIR, NON-VOCATIONAL TEACHER IN MATHEMATICS,
VOCATIONAL HIGHER SECONDARY SCHOOL, KARAVARAM,
KALLAMBALAM P.O., THIRUVANANTHAPURAM - 695 605.
ADDL.16 THANSA BEEVI.S., AGED 40 YEARS, D/O.JAMALUDHEEN,
VOCATIONAL INSTRUCTOR IN TRAVEL AND TOURISM,
VOCATIONAL HIGHER SECONDARY SCHOOL, KARAVARAM,
KALLAMBALAM P.O., THIRUVANANTHAPURAM - 695 605.
ADDL.17 MANESH VARGHESE, AGED 48 YEARS, S/O.G.BABY KUTTY,
VOCATIONAL TEACHER IN TRAVEL AND TOURISM,
VOCATIONAL HIGHER SECONDARY SCHOOL, KARAVARAM,
KALLAMBALAM P.O., THIRUVANANTHAPURAM - 695 605.
ADDL.18 ANIL KUMAR R., AGED 40 YEARS, S/O.RAMACHANDRAN
NAIR, LABORATORY TECHNICAL ASSISTANT IN TRAVEL
AND TOURISM, VOCATIONAL HIGHER SECONDARY SCHOOL,
KARAVARAM, KALLAMBALAM P.O.,
THIRUVANANTHAPURAM - 695 605.
ADDL.19 SYAMKRISHNAN T., AGED 45 YEARS, S/O.THANKAPPAN,
LABORATORY TECHNICAL ASSISTANT IN AGRICULTURE,
VOCATIONAL HIGHER SECONDARY SCHOOL, KARAVARAM,
KALLAMBALAM P.O., THIRUVANANTHAPURAM - 695 605.
ADDL.20 SHAJI.S., AGED 54 YEARS, S/O.SREEDHARAKURUP N.,
CLERK, VOCATIONAL HIGHER SECONDARY SCHOOL,
KARAVARAM, KALLAMBALAM P.O.,
THIRUVANANTHAPURAM - 695 605.
ADDL.21 ANOJ.S.S., AGED 45 YEARS, S/O.V.SOMARAJAKURUP,
VOCATIONAL TEACHER IN AGRICULTURE, VOCATIONAL
HIGHER SECONDARY SCHOOL, KARAVARAM, KALLAMBALAM
P.O., THIRUVANANTHAPURAM - 695 605.
ADDL.R7 TO R21 ARE IMPLEADED AS PER ORDER DATED
18.11.2020 IN I.A.2/2020 IN WP(C)23999/2020.
ADDL.22 SINDHU.B, W/O.SRI.UDAYAKUMR T., AGED 50 YEARS,
NON VOCATIONAL TEACHER (ENGLISH), VOCATIONAL
HIGHER SECONDARY SCHOOL (VHSS), KARAVARAM,
KALLAMBALAM P.O., THIRUVANANTHAPURAM, RESIDING
AT ASWATHY, KARAMKODE P.O., CHATHANNUR P.O.,
691 579.
WPC 23999/20 4
ADDITIONAL R22 IS IMPLEADED AS PER ORDER DATED
25.11.2020 IN I.A.5/2020 IN WP(C)23999/2020.
R5 BY ADV. SRI.K.B.ARUNKUMAR
R7 TO R21 BY ADV. ABRAHAM VAKKANAL (SR.)
R7 TO R21 BY ADV. SMT.VINEETHA SUSAN THOMAS
R22 BY ADV. SAJEEV KUMAR K.GOPAL
R1 TO R4 & R6 BY SR.GP SRI.MATHEW GEORGE VADAKKEL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 23999/20 5
JUDGMENT
Dated this the 7th day of January 2021
Sri.Thomas Abraham, learned counsel for the petitioner,
submits that the petitioner has approached this Court impugning
Exhibit P6 order and that an interim order has been passed by this
Court in I.A.No.1/2020, on 18.11.2020, in the following manner:
"This application has been filed seeking a clarification that the
petitioner can operate as the Drawing and Disbursing Officer only
as long as he holds the post of Principal/Principal-in -charge of the
School in question.
I do not propose to offer any such clarification at this stage
because, through the interim order granted by this Court on
06/11/2020, I had only directed status quo with respect to Ext.P6
be maintained; and the learned Senior Government Pleader
submits that because of this, the RDD has not taken charge and
that the petitioner is still continuing.
Obviously, therefore, the writ petitioner will be entitled to continue
as a Drawing and Disbursing Officer; while the petitioners herein
cannot have any grievance to the same, as along as their salary
and benefits are disbursed to them in terms of law.
I, therefore, only make it clear that on the strength of the interim
order of this Court, the bills can be presented by the petitioner
and salary disbursed accordingly, until further orders are issued in
this writ petition.
It is needless to say that the directions that I have issued herein
will not inure to the petitioner any additional benefit nor will it
enable him to assert that he is the Principal- in-charge, except
under the orders of this Court."
He further submitted that this order was taken up in appeal by the
22nd respondent, numbered as W.A.No.1744/2020, in which it has
been modified directing the Assistant Director of Vocational Higher
Secondary Education to be the Drawing and Disbursing Officer. He
says that, therefore, no further orders are now required in this writ
petition.
This writ petition is thus closed.
Sd/-
Devan Ramachandran, Judge
tkv
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE APPOINTMENT ORDER
ISSUED BY THE MANAGER OF THE SCHOOL TO THE
PETITIONER
EXHIBIT P2 THE TRUE COPY OF THE JUDGMENT OF THIS
HON'BLE COURT DATED 15.7.2020 IN WPC NO
4046 OF 2020
EXHIBIT P3 THE TRUE COPY OF THE ORDER IN WPC NO 17705
OF 2020
EXHIBIT P4 THE TRUE COPY OF THE INTERIM ORDER DATED
19.10.2020 OF THIS HON'BLE COURT IN WPC NO
22198 OF 2020
EXHIBIT P5 THE TRUE COPY OF THE ORDER NUMBERED AS
GO(P) NO 121/2018 FIN DATED 8.8.2018
EXHIBIT P6 THE TRUE COPY OF THE ORDER NO E3/4516/2020
DATED 21.10.2020 ISSUED BY THE 3RD
RESPONDENT
EXHIBIT P7 THE TRUE COPY OF THE REPRESENTATION DATED
25.10.2020 SUBMITTED BY THE PETITIONER
BEFORE THE 2ND RESPONDENT
RESPONDENT'S EXHIBITS:
EXHIBIT R7(a) TRUE COPY OF G.O.NO.F3/190/2018 G.EDN DATED
29.10.2018.
EXHIBIT R7(b) TRUE COPY OF COMPLAINT OF 13 TEACHERS DATED
11.06.2018.
EXHIBIT R7(c) TRUE COPY OF THE STAY ORDER OBTAINED BY
SMT.B SINDHU DATED 13.02.2020.
EXHIBIT R7(d) TRUE COPY OF THE LETTER OF COUNSEL
EXPLAINING THE EXTENSION OF STAY DATED
22.07.2020.
EXHIBIT R7(e) TRUE COPY OF THE FULL BENCH ORDER REGARDING
THE GENERAL EXTENSION OF STAY DUE TO COVID-
19 DATED 30.06.2020.
EXHIBIT R7(f) TRUE COPY OF THE ORDER NO.E3/3318/2020 OF
THE SENIOR ADMINISTRATIVE OFFICER DATED
28.09.2020.
EXHIBIT R7(g) TRUE COPY OF THE COMPLAINT BY THE STAFFS OF
THE SCHOOL DATED 18.10.2020.
EXHIBIT R7(h) TRUE COPY OF THE ORDER OF 42 DATED
12.01.2012.
EXHIBIT R7(i) TRUE COPY OF THE ORDER OF D.D.E
DISQUALIFYING THE MANAGER DATED 19.05.2015.
EXHIBIT R7(j) TRUE COPY OF THE G.O.NO.G.O(RT)NO.2019/
2018/G.EDN DATED 31.05.2018.
EXHIBIT R-22(a) TRUE COPY OF THE SENIORITY LIST OF
KARAVARAM VHSS, KALLAMBALAM(VHSS SECTION)
EXHIBIT R-22(b) THE ORDER PASSED BY THE GOVERNMENT DATED
29.10.2018 VIDE NO. GEDN-F3/190/2018-G.EDN
EXHIBIT R-22(c) TRUE COPY OF THE REVISED SENIORITY LIST OF
THE SCHOOL.
EXHIBIT R22(d) TRUE COPY OF THE INTERIM ORDER GRANTED BY
THIS HON'BLE COURT IN WP(C) NO.4046/2020.
EXHIBIT R22(e) TRUE COPY OF THE SENIORITY LIST 2019-2020
PREFERRED BY THE MANAGER.
EXHIBIT R-22(f) TRUE COPY OF THE ORDER PASSED BY THE 2ND
RESPONDENT DATED 28.09.2020.
/TRUE COPY/
P.S. TO JUDGE
