Lekha P. Nair vs The State Of Kerala
2021 Latest Caselaw 9835 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

    WEDNESDAY, THE 24TH DAY OF MARCH 2021 / 3RD CHAITHRA, 1943

                       WP(C).No.4489 OF 2020(I)


PETITIONER:

               LEKHA P. NAIR, W/O. DEEPAK G., EDAKKALLIL,
               THIRUVANANVANDOOR P. O., CHENGANNUR - 689 109.
               (HIGHER SECONDARY SCHOOL TEACHER (JUNIOR -
               MALAYALAM), DEVASWOM BOARD HIGHER SECONDARY
               SCHOOL, THIRUVALLA)

               BY ADV. SRI.S.SUBHASH CHAND

RESPONDENTS:

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

      2        THE DIRECTOR OF GENERAL EDUCATION
               (FORMERLY DIRECTOR OF HIGHER SECONDARY EDUCATION),
               OFFICE OF THE DIRECTOR OF GENERAL EDUCATION,
               THIRUVANANTHAPURAM - 695 001.

      3        THE REGIONAL DEPUTY DIRECTOR
               HIGHER SECONDARY EDUCATION, OFFICE OF THE
               REGIONAL DEPUTY DIRECTOR, CHENGANOOR - 689 121.

      4        THE CORPORATE MANAGER / SECRETARY
               TRAVANCORE DEVASWOM BOARD SCHOOLS, DEVASWOM
               BUILDINGS, NANTHANCODE, THIRUVANANTHAPURAM - 695 011.

      5        SELIN KUMARI D., HIGH SCHOOL ASSISTANT (MALAYALAM),
               DEVASWOM BOARD HIGHER SECONDARY SCHOOL,
               THAKAZHY - 688 562.

               SRI.P.M.MANOJ-GP

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD            ON
24.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 4489/20
                                      2


                                JUDGMENT

The petitioner says that she is working as

a Higher Secondary School Teacher (Junior)

(HSST (jr)) in Malayalam in 'Devaswom Board

Higher Secondary School', Thiruvalla, with

effect from 08.02.2019. According to her, even

though papers for approval of her appointment

had been forwarded by the Manager of the

school to the 3rd respondent- Regional Deputy

Director (RDD) through Ext.P8, no action has

been taken on it until now; and prays that

said Authority be directed to grant her

approval within a time frame to be fixed by

this Court.

2. The petitioner asserts that she was

originally working as a High School Teacher in

Malayalam and that when the vacancy of an HSST

(Jr) in Malayalam arose in the school on

01.06.2016, she was the only qualified person,

though the 5th respondent staked claim to it, WPC 4489/20

even while being aware that she was

unqualified. She submits that it is perhaps,

therefore, that the 3rd respondent-RDD has not

yet taken a decision on Ext.P8 and prays that

said Authority be directed to do so without

any further delay.

3. The afore submissions of Sri.S.

Subhash Chand - learned counsel for the

petitioner, were answered by Sri.P.M.Manoj -

learned Senior Government Pleader, saying that

if the petitioner only requires the proposal

for her approval to be considered by the RDD,

there is no legal impediment in doing so; but

prayed that this Court may permit the said

Authority to hear the petitioner, the 5 th

respondent as also the Manager of the school,

before any decision is taken.

4. At this time, Sri.Subhash Chand

intervened to say that since his client has

been working as an HSST (Jr) without any WPC 4489/20

salary for the last more than 2 ½ years, the

Authorities may be directed either to disburse

her salary provisionally or in the

alternative, she be at least paid the salary

that would have been eligible if she had

continued as HSA (Malayalam), subject to the

decision to be taken by the RDD with respect

to her approval in the post of HSST (Jr).

5. Sri.P.M.Manoj - learned Senior

Government Pleader, responded to this

affirmatively saying that petitioner's request

for salary in the post of HSA (Malayalam) can

be acceded to, but prayed that her claim for

salary in the post of HSST (Jr) be left open

to be decided by the RDD, when the proposal

for approval of her appointment is considered.

In the afore circumstances and since I

notice that the proposal for approval of the

petitioner's appointment as HSST (Jr) is still

pending before the RDD, I deem it appropriate WPC 4489/20

to order this Writ Petition in the following

manner:

a) This Writ Petition is allowed and the

3rd respondent-RDD is directed to take up the

proposal for approval of the petitioner's

appointment, pursuant to Ext.P8 letter of the

Manager of the school, and to dispose of the

same after affording her, the 5th respondent as

also the Manager of the school an opportunity

of being heard - either physically or through

video conferencing - thus culminating in an

appropriate order thereon, as expeditiously as

is possible, but not later than three months

from the date of receipt of a copy of this

judgment.

b) In the meanwhile, taking note of the

submissions of the learned Senior Government

Pleader, I direct the Headmaster of the school

to forward the bills for payment of salary to

the petitioner in the Scale of Pay of HSA WPC 4489/20

(Malayalam), to the jurisdictional DEO, which

Authority will thereupon take immediate steps

to have the same disbursed to her not later

than one month from the date on which such

proposal reaches him.

c) Since I have already issued the afore

directions, it is needless to say that all

action pursuant to Ext.P9 will now become

unnecessary and is, therefore, interdicted.

Sd/-

                                       DEVAN RAMACHANDRAN
      RR                                     JUDGE
 WPC 4489/20



                           APPENDIX
      PETITIONER'S/S EXHIBITS:

      EXHIBIT P1        TRUE COPY OF THE APPOINTMENT ORDER

DATED 3.6.2013 THUS ISSUED BY RESPONDENT NO.4.

EXHIBIT P2 TRUE COPY OF THE ORDER BEARING NO.4849/C7/2016/RDD/CNGR DATED 24.3.2017 ISSUED BY RESPONDENT NO.3.

EXHIBIT P3 TRUE COPY OF THE APPLICATION DATED 30.6.2016 SUBMITTED BY ONE SRI RAMESH SANKAR G. UNDER THE RIGHT TO INFORMATION ACT DATED 30.6.2016.

EXHIBIT P3 (a) TRUE COPY OF THE INFORMATION FURNISHED UNDER THE RIGHT TO INFORMATION ACT DATED 20.7.2016.

EXHIBIT P4 TRUE COPY OF THE POST GRADUATE DEGREE IN MALAYALAM WITH 50% MARKS DATED 24.7.2000 FROM SREE SANKARACHARYA UNIVERSITY OF SANSKRIT, KALADY.

EXHIBIT P4 (a) TRUE COPY OF THE MARK LIST DATED 9.7.1999 ISSUED BY THE PRINCIPAL DEAN OF STUDIES, SREE SANKARACHARYA UNIVERSITY OF SANSKRIT, KALADY.

EXHIBIT P4 (b) TRUE COPY OF THE BACHELOR OF ARTS DEGREE IN MALAYALAM DATED 9.6.1997 FROM MAHATMA GANDHI UNIVERSITY, KOTTAYAM.

EXHIBIT P4 (c) TRUE COPY OF THE BACHELOR OF EDUCATION DEGREE DATED 3.12.2001 FROM MAHATMA GANDHI UNIVERSITY, KOTTAYAM.

EXHIBIT P4 (d) TRUE COPY OF THE STATE ELIGIBILITY TEST CERTIFICATE DATED 12.1.2001 OF THE COMMISSIONER OF ENTRANCE WPC 4489/20

EXAMINATIONS, GOVERNMENT OF KERALA.

EXHIBIT P5 TRUE COPY OF THE CALL LETTER DATED 5.1.2019 ISSUED BY RESPONDENT NO.4.

EXHIBIT P6 TRUE COPY OF THE RANK LIST DATED 31.1.2019 THUS PUBLISHED BY RESPONDENT NO.4.

EXHIBIT P7 TRUE COPY OF THE ORDER BEARING ROC NO.8202/15/HSS/EDN. DATED 7.2.2019 ISSUED BY RESPONDENT NO.4.

EXHIBIT P8 TRUE COPY OF THE COVERING LETTER BEARING ROC NO.8202/15/HSS/EDN. DATED 13.2.2019 ISSUED BY RESPONDENT NO.4 TO RESPONDENT NO.3.

EXHIBIT P9 TRUE COPY OF THE ORDER BEARING ROC NO.8202/15/EDN. DATED 24.1.2020 OF RESPONDENT NO.4.