Kerala High Court
Ajitha A.R vs State Of Kerala on 31 August, 2022
WP(C) No.27366/2022 1/3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
Wednesday, the 31st day of August 2022 / 9th Bhadra, 1944
WP(C) NO. 27366 OF 2022 (U)
PETITIONER:
AJITHA A.R, AGED 54 YEARS, WIFE OF S. JAYAKUMAR, HIGHER SECONDARY
SCHOOL TEACHER (MALAYALAM), MUSLIM GIRLS HIGHER SECONDARY SCHOOL,
ERATTUPETTA, KOTTAYAM DISTRICT-686 121 (RESIDING AT SANTHI BHAVAN,
PADINHATTINKARA, KADAPLAMATTAM, KOTTAYAM-686 571)
RESPONDENTS:
1. 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 EDUCATION WING),
HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM-695 001
3. THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION,
VAYASKARAKUNNU, KOTTAYAM DISTRICT-686 001
4. THE DISTRICT EDUCATIONAL OFFICER, KANJIRAPPALLY, KOTTAYAM
DISTRICT-686 507
5. THE MANAGER, MUSLIM GIRLS HIGHER SECONDARY SCHOOL, ERATTUPETTA,
KOTTAYAM DISTRICT-686 121
6. THE PRINCIPAL, MUSLIM GIRLS HIGHER SECONDARY SCHOOL, ERATTUPETTA,
KOTTAYAM DISTRICT-686 121
7. THE VICE PRINCIPAL/HEADMASTER, MUSLIM GIRLS HIGHER SECONDARY SCHOOL,
ERATTUPETTA, KOTTAYAM DISTRICT-686 121
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased:
(i) to issue an interim direction commanding the 3rd Respondent to
grant approval to the promotion of the Petitioner as HSST (Malayalam) vide
Exhibit P-1 without insisting for Selection Committee proceedings and in
the light of Exhibits P-3 to P-8.
(ii) to issue an interim direction commanding the Respondents to
disburse the salary of the Petitioner in the cadre of HST (Malayalam) due
from September 2021 in the light of Exhibits P-9, P-10 and P-11 until
Exhibit P-1 is granted approval.
(iii) to dispense with filing of English translation of vernacular
documents produced along with the Writ Petition.
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S.V.A.MUHAMMED & M.SAJJAD, Advocates for the petitioner, the court
passed the following:
WP(C) No.27366/2022 2/3
RAJA VIJAYARAGHAVAN V, J.
-------------------------------------
W.P(C) No.27366 of 2022
-------------------------------------------
Dated this the 31st day of August, 2022
ORDER
Issue urgent notice by speed post to respondents 5 to 7.
It is submitted by the learned Government Pleader that defects were
noted in Ext.P1 and directions have been issued to the Manager to cure the
same. However, it has not been resubmitted. The 5th respondent shall
resubmit the application after curing the defect.
The learned counsel submits that the petitioner has been granted by
transfer promotion and the reason for non-approval is only that the selection
committee was not constituted. It is submitted that selection committee
proceedings are not required to effect by-transfer appointment.
As an interim measure, there will be a direction to the respondents to
disburse the salary to the petitioner in the lower scale in the cadre of HST
(Malayalam).
Sd/-
RAJA VIJAYARAGHAVAN V,
JUDGE
sru
31-08-2022 /True Copy/ Assistant Registrar
WP(C) No.27366/2022 3/3
APPENDIX OF WP(C) 27366/2022
Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER
DATED 01.06.2020
Exhibit P3 TRUE COPY OF THE JUDGMENT IN W.P. (C) NO. 21194/2019
DATED 22.08.2019
Exhibit P4 TRUE COPY OF THE ORDER IN R.P. NO. 1122/2019 IN W.P.
(C) NO. 21194/2019 DATED 13.01.2020
Exhibit P5 TRUE COPY OF THE JUDGMENT IN W.A. NO. 280/2020 DATED
16.09.2020
Exhibit P6 TRUE COPY OF THE G.O. (RT.) NO. 4955/2021/G.EDN. DATED
03.11.2021 OF THE GOVT.
Exhibit P7 TRUE COPY OF THE G.O. (RT.) NO. 3122/2022/GEDN DATED
23.05.2022 OF THE GOVT.
Exhibit P8 TRUE COPY OF THE G.O. (RT.) NO. 2761/2022/GEDN DATED
04.05.2022 OF THE GOVT.
Exhibit P9 TRUE COPY OF THE W.P. (C) NO. 14709/2022 DATED
18.05.2022
Exhibit P10 TRUE COPY OF THE JUDGMENT IN W.P. (C) NO. 32084/2017
DATED 09.10.2017
Exhibit P11 TRUE COPY OF THE JUDGMENT IN W.P. (C) NO. 33755/2016
DATED 07.12.2016
