Benu Iype V.A vs The State Of Kerala
2021 Latest Caselaw 15511 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
             THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
        FRIDAY, THE 23RD DAY OF JULY 2021 / 1ST SRAVANA, 1943
                      WP(C) NO. 11636 OF 2021
PETITIONER :-

            BENU IYPE V.A., AGED 50 YEARS
            DAUGHTER OF V.V.IYPE, HIGHER SECONDARY SCHOOL TEACHER
            (ECONOMICS), ST. MARY'S HIGHER SECONDARY SCHOOL,
            P.O. NIRANAM, THIRUVALLA,
            PATHANAMTHITTA DISTRICT - 689 621

            BY ADVS.
            V.A.MUHAMMED
            M.SAJJAD


RESPONDENTS :-

    1       THE STATE OF KERALA
            REP. BY ITS SECRETARY TO GOVERNMENT,
            GENERAL EDUCATIONAL DEPARTMENT,
            SECRETARIAT ANNEXE-II, THIRUVANANTHAPURAM - 695 001.

    2       THE DIRECTOR OF GENERAL EDUCAITON
            (HIGHER SECONDARY WING), HOUSING BOARD BUILDINGS,
            SANTHI NAGAR, THIRUVANANTHAPURAM - 695 001.

    3       THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY
            EDUCATION, THAMPAYATHIL BUILDINGS, CHENGANNUR,
            ALAPPUZHA DISTRICT - 689 121.

    4       THE DISTRICT EDUCATIONAL OFFICER
            THIRUVALLA, PATHANAMTHITTA DISTRICT - 689 101.

    5       THE MANAGER
            ST.MARY'S HIGHER SECONDARY SCHOOL, P.O.NIRANAM,
            THIRUVALLA, PATHANAMTHITTA DISTRICT - 689 621.

    6       THE PRINCIPAL
            ST.MARY'S HIGHER SECONDARY SCHOOL, P.O.NIRANAM,
            THIRUVALLA, PATHANAMTHITTA DISTRICT - 689 621.
 WP(C) NO. 11636 OF 2021

                              -: 2 :-



     7      THE HEADMASTER/VICE PRINCIPAL
            ST.MARY'S HIGHER SECONDARY SCHOOL, P.O.NIRANAM,
            THIRUVALLA, PATHANAMTHITTA DISTRICT - 689 621.

            SRI. BIJOY CHANDRAN- SR.G.P.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 11636 OF 2021

                                    -: 3 :-


                                JUDGMENT

Dated this the 23rd day of July, 2021

This writ petition is filed seeking the following reliefs :-

"(i) Call for the records relating to Exhibit P2 and set aside the original of the same by the issue of a writ of certiorari or other appropriate writ or order.

(ii) Issue a writ of mandamus or other appropriate writ, order or direction commanding the 3rd respondent to approve the appointment of the petitioner from 19.02.2021 as HSST and disburse the attendant benefits forthwith.

(iii) Issue a writ of mandamus or other appropriate writ order or direction commanding the Respondents to disburse the salary of the Petitioner in the cadre of HSA following Exhibits P9 and P11 pending approval as HSST, forthwith.

(iv) Issue a writ of mandamus or other appropriate writ, order or direction commanding the 1st Respondent to consider and pass appropriate orders upon Exhibit P8 after affording an opportunity of being heard to the petitioner within a time limit."

2. Heard the learned counsel for the petitioner and the

learned Government Pleader.

3. It is submitted by the learned counsel for the petitioner

that the petitioner was an HSA (Physical Science) in the 5 th

respondent's school from 1.6.2005. The said appointment was WP(C) NO. 11636 OF 2021

duly approved. Later, when a vacancy of HSST (Economics)

occurred in the school, the petitioner was appointed by transfer on

19.2.2021. It is submitted that the appointment was not approved

for the sole reason that the minutes of the selection committee was

not produced. The learned counsel for the petitioner submits that

it is a settled position that no selection committee is required when

the appointment to the post of HSST has been made by tranfer

from among qualified teachers under the same management. It is

submited that the petitioner has moved the Government with

Ext.P8 revision petition. It is submitted that since the petitioner is

an approved HSA, the pay scale in the post of HSA is at least liable

to be granted to the petitioner till a decision is taken on Ext.P8.

Having heard the learned Government Pleader also,

there will be a direction to the 1st respondent to take up, consider

and pass orders on Ext.P8 revision petition preferred by the

petitioner with specific reference to Ext.P3. Orders shall be passed

within a period of three months from the date of receipt of a copy

of this judgment. In view of the admitted fact that the petitioner is

an approved HSA, the pay of the petitioner in the lower post of WP(C) NO. 11636 OF 2021

HSA shall be released to the petitioner immediately, pending final

orders on Ext.P8.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE Jvt/26.7.2021 WP(C) NO. 11636 OF 2021

APPENDIX OF WP(C) 11636/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER OF TEH PETITIONER DATED 4.3.2021

Exhibit P2 TRUE COPY OF THE LETTER NO.1451/C8/2021/RDD/CNGR DATED 24.3.2021 OF THE 3RD RESPONDENT

Exhibit P3 TRUE COPY OF THE G.O.(RT) NO.247/2019/G.EDN.

DATED 21.1.2019 OF THE GOVERNMENT.

Exhibit P4 TRUE COPY OF THE G.O.(MS) NO.141/2008/G.EDN.

DATED 18.8.2008 OF THE GOVERNMENT.

Exhibit P5 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.21194/2019 DATED 22.8.2019

Exhibit P6 TRUE COPY OF THE ORDER IN R.P.NO.1122/2019 DATED 13.1.2020

Exhibit P7 TRUE COPY OF THE JUDGMENT IN W.A.NO.280/2020 DATED 16.9.2020

Exhibit P8 TRUE COPY OF THE REVISION PETITION FILED BEFORE THE GOVERNMENT DATED 3.5.2021

Exhibit P9 TRUE COPY OF THE G.O.(RT) NO.4314/98/G.EDN. DATED 5.11.1998 OF THE GOVERNMENT.

Exhibit P10 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.33755/2016 DATED 7.12.2016

Exhibit P11 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.32084/2017 DATED 9.10.2017.