Vishnu N.R vs State Of Kerala
2021 Latest Caselaw 19980 Ker

WP(C) NO. 19945 OF 2021     1




            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
  FRIDAY, THE 24TH DAY OF SEPTEMBER 2021 / 2ND ASWINA, 1943


                    WP(C) NO. 19945 OF 2021


PETITIONER/S:



          VISHNU N.R.,
          AGED 30 YEARS,
          KUTTIKKATTU VEEDU, PONNAMBI, VELLARADA P.O,
          THIRUVANANTHAPURAM - 695505.

          BY ADVS.
          ASIF N
          BINDU SREEDHAR
          RAMABHADRAN K.


RESPONDENT/S:



    1     STATE OF KERALA
          REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION
          DEPARTMENT, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM - 695001.

    2     DIRECTOR OF GENERAL EDUCATION,
          OFFICE OF DIRECTOR OF GENERAL EDUCATION, JAGATHI,
          TRIVANDRUM - 695014.

    3     DISTRICT EDUCATION OFFICER,
          OFFICE OF THE DISTRICT EDUCATION OFFICER, STATUE,
          THIRUVANANTHAPURAM - 695001.

    4     THE MANAGER,
          B.N.V. VOCATIONAL AND HIGHER SECONDARY SCHOOL,
          THIRUVALLAM, THIRUVANANTHAPURAM - 695027.
 WP(C) NO. 19945 OF 2021          2



     5     SMT. M.P. LAKSHMI,
           PLOT NO. 46, ASWATHY GARDENS, AMBALATHARA,
           POONTHURA P.O, THIRUVANANTHAPURAM - 695026.

             SRI BIJOY CHANDRAN, SR GP


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   24.09.2021,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 19945 OF 2021           3




                                JUDGMENT

The petitioner states that he was appointed as High School Assistant

(Physical Science) in a regular vacancy on 05.07.2016. While so, by giving

the benefit of Rule 43 of Chapter XIV A of the KER, the 5th respondent is

stated to have been promoted to the post of HSA (PS) in the leave vacancy

of Smt.G.Meerakumari with effect from 15.7.2008. It is contended that the

5th respondent is having B.Sc (Home Science), B.Ed (Natural Science) and

M.A. (Sociology). On 9.9.2020, the 4th respondent is stated to have passed

Ext.P2 order as per which, the petitioner was shifted to the LWA vacancy and

the tenure was limited for the period from 5.7.2016 to 31.5.2020. The 5th

respondent on the other hand was shifted from the LWA vacancy of

Smt.G.Meerakumari to the promotion vacancy of Smt. Suja Elizabeth Lalan.

The contention of the petitioner is that the 5th respondent was not qualified

to be appointed as HSA (Physical Science) as her degree is in Home Science.

In the said circumstances, the petitioner is stated to have preferred an

appeal before the DEO. Later, the petitioner as well as the 5th respondent

had approached this Court seeking directions. Pursuant to orders issued by

this Court, the petitioner had submitted Ext.P5 representation before the 2nd

respondent. The petitioner contends that without adverting to the legal

contentions raised by the petitioner, the 2nd respondent issued Ext.P6 order

upholding the order passed by the 4th respondent. Being aggrieved, the

petitioner states that he has preferred Ext.P7 revision petition before the 1st

respondent and the same is pending. It is in the afore circumstances that

the petitioner is before this Court seeking the following reliefs:

i) issue a writ of mandamus or other appropriate writ or order directing the 1st respondent to consider and pass appropriate orders in Exhibit P7 revision after hearing the petitioner within a reasonable time frame as stipulated by this Hon'ble Court.

ii) Direct the 3rd respondent DEO and 4th respondent Manager to pay the salary due to the petitioner for the service rendered by him.

iii) issue a writ of certiorari or other appropriate writ or order quashing Exhibit P6 order issued by the 2nd respondent approving the appointment of 5th respondent in the post of the petitioner as H.S.A (Physical Science) in B.N.V.V & HSS, Thiruvallam in a regular vacancy.

iv) Declare that the petitioner's lien is in the post of H.S.A (Physical Science) in B.N.V.V & HSS, Thiruvallam wherein he was appointed.

2. Smt. Bindu Sreedhar, the learned counsel appearing for the

petitioner submitted that an aspirant to the post of HSA (Physical Science),

should have studied Physics and Chemistry either as the main subject or as

one of the subsidiary subjects. The 5th respondent is a Home Science

graduate and she is not eligible for appointment to the post of HSA (Physical

Science). The learned counsel contends that the limited request of the

petitioner is for a direction to the 1st respondent to consider the above

aspect as well while passing orders on the revision petition.

3. Sri. Bijoy Chandran, the learned senior Government Pleader

submitted that since the revision petition is pending consideration, it may not

be proper for this Court to express opinion one way or the other.

4. Since the limited request is for a direction to consider the

revision petition, notice to respondents 4 & 5 is dispensed with.

5. After having carefully evaluated the contentions raised in this

writ petition, the submissions made across the Bar and the facts and

circumstances, I am of the view that this writ petition can be disposed of at

the admission stage itself by issuing the following directions:

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

and pass appropriate orders on Ext.P7, as per procedure and in

adherence to the provisions of law, after affording an

opportunity of being heard, either physically or virtually, to the

petitioner herein or his authorised representative as well as the

respondents 4 and 5.

b) Orders, as directed above, shall be passed expeditiously, in any

event, within a period of three months from the date of

production of a copy of this judgment.

c) It would be open to the petitioner to produce a copy of the writ

petition along with the judgment before the concerned

respondent for further action.

This writ petition is disposed of.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE IAP

APPENDIX OF WP(C) 19945/2021

PETITIONER (S) EXHIBITS:

Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER DATED 05.07.2016 ISSUED BY THE 4TH RESPONDENT.

Exhibit P2 TRUE COPY OF THE APPOINTMENT ORDER NO.3-

106/2020 DATED 01.06.2020 ISSUED BY THE 4TH RESPONDENT.

Exhibit P3 TRUE COPY OF THE ORDER NO. 3-107/2020 DATED 01.06.2020 ISSUED BY THE 4TH RESPONDENT.

Exhibit P4          TRUE COPY OF THE REPORT OF THE 5TH
                    RESPONDENT DATED 09.09.2020 ISSUED BY
                    DEPARTMENT.

Exhibit P5          TRUE COPY OF THE REPRESENTATION DATED
                    13.04.2021 FILED BEFORE THE 2ND
                    RESPONDENT.

Exhibit P5(a)       TRUE COPY OF THE ARGUMENT NOTE SUBMITTED
                    BY THE PETITIONER DATED 06.07.2021.

Exhibit P6          TRUE COPY OF THE ORDER

NO.D.G.E./4015/2021-ET 4 DATED 07.09.2021 ISSUED BY THE 2ND RESPONDENT.

Exhibit P7 TRUE COPY OF THE STATUTORY REVISION DATED 10.09.2021 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

RESPONDENT (S) EXHIBITS: NIL