Subairabi.P vs The State Of Kerala
2021 Latest Caselaw 8884 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

   WEDNESDAY, THE 17TH DAY OF MARCH 2021 / 26TH PHALGUNA, 1942

                       WP(C).No.6897 OF 2021(J)


PETITIONER:

               SUBAIRABI.P.
               AGED 47 YEARS
               WIFE OF MOIDEEN, HSA (SOCIAL SCIENCE),
               MSP HIGHER SECONDARY SCHOOL,
               MALAPPURAM DISTRICT-676 505

               BY ADVS.
               SRI.V.A.MUHAMMED
               SRI.M.SAJJAD

RESPONDENTS:

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

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

      3        THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY
               EDUCATION, CIVIL STATION,
               MALAPPURAM DISTRICT-676 519

      4        THE MANAGER,
               MSP HIGHER SECONDARY SCHOOL,
               MALAPPURAM DISTRICT-676 505

      5        THE PRINCIPAL
               MSP HIGHER SECONDARY SCHOOL,
               MALAPPURAM DISTRICT-676 505

      6        SMT.RAJASREE.A.V.
               HSA (NATURAL SCIENCE), MSP HIGHER SECONDARY SCHOOL,
               MALAPPURAM DISTRICT-676 505

               SR GP NISHA BOSE

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.6897 OF 2021

                                        2




                                 JUDGMENT

Dated this the 17th day of March 2021

This writ petition is filed seeking the following reliefs :-

"i) declare that the Petitioner is entitled for by transfer appointment of HSST (Sociology) in preference to 6th Respondent

ii) issue a writ of mandamus or other appropriate writ order or direction commanding the 4th Respondent to grant by- transfer appointment to the Petitioner as HSST (Sociology) w.e.f. 28.05.2018 the date of staff fixation order with all consequential benefits.

iii) issue a writ of mandamus or other appropriate writ order or direction commanding the 3rd Respondent to consider and pass orders on Exhibit P-12 within a time limit and with and notice to the Petitioner."

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 has been working as HSA (Social Science) from 16.07.2001

onwards. It is stated that she is fully qualified and eligible to be

appointed as HSST (Sociology). However, it is submitted that the post

of HSST (Sociology) was sanctioned in the school on 21.08.2017 and the WP(C).No.6897 OF 2021

staff fixation order was issued on 28.05.2018. It is submitted that the

petitioner's claim for appointment as HSST (Sociology) has not been

considered and the Manager proposes to appoint the 6 th respondent as

HSST (Sociology) without considering the claim of the petitioner. The

petitioner has preferred Ext.P12 representation before the 3 rd

respondent and seeks a consideration of the same.

4. Having heard the learned Government Pleader also, there will be

a direction to the 3rd respondent to take up Ext.P12 representation

preferred by the petitioner, with notice to the petitioner as well as

respondents 4 to 6 and to pass orders thereon after hearing the

parties, through any appropriate means, including by video

conferencing, within a period of two months from the date of receipt

of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C).No.6897 OF 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE RELEVANT PAGES OF THE SENIORITY LIST OF HST IN MSP HSS MALAPPURAM AS ON 01.10.2020

EXHIBIT P2 TRUE COPY OF THE CERTIFICATE OF M.A.SOCIOLOGY ISSUED BY THE ANNMALAI UNIVERSITY TO THE PETITIONER DATED 04.10.2006

EXHIBIT P3 TRUE COPY OF THE ELIGIBILITY CERTIFICATE ISSUED BY THE UNIVERSITY OF KERALA WITH RESPECT TO THE PETITIONER DATED 25.11.2006

EXHIBIT P4 TRUE COPY OF THE CERTIFICATE OF B.ED ISSUED BY THE CALICUT UNIVERSITY TO THE PETITIONER DATED 20.9.2001

EXHIBIT P5 TRUE COPY OF THE CERTIFICATE OF SET ISSUED BY THE GOVERNMENT TO THE PETITIONER DATED 31.10.2008

EXHIBIT P6 TRUE COPY OF THE GOVERNMENT LETTER NO.G.EDN SC1/8/2019/EDN DATED 09.04.2019

EXHIBIT P7 TRUE COPY OF THE APPLICATION FOR THE POST OF HSST (SOCIOLOGY) SUBMITTED BY THE PETITIONER DATED 28.01.2019

EXHIBIT P8 TRUE COPY OF THE REQUEST MADE BY THE PETITIONER BEFORE THE MANAGER ADN COMMANDANT DATED 14/02/2019

EXHIBIT P9 TRUE COPY OF THE NOTICE VIDE LETTER NO.G1(B)-14294/2019/M OF THE MANAGER AND COMMANDANT DATED 22.02.2021

EXHIBIT P10 TRUE COPY OF THE GO(RT) NO.247/2019/G.EDN DATED 21.01.2019

EXHIBIT P11 TRUE COPY OF THE JUDGMENT IN WPC NO.21194/2019 DATED 22.08.2019 WP(C).No.6897 OF 2021

EXHIBIT P12 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE RDD HSE, MALAPPURAM DATED 02.03.2021

RESPONDENT'S/S EXHIBITS: NIL