Sheeba Beegum J vs State Of Kerala
2022 Latest Caselaw 6984 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                         PRESENT
    THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
 FRIDAY, THE 17TH DAY OF JUNE 2022 / 27TH JYAISHTA, 1944

                 WP(C) NO. 12354 OF 2020

PETITIONER/S:

    1      SHEEBA BEEGUM J
           AGED 43 YEARS
           W/O. NAZEER KHAN.M., HSST
           T.K.M.H.S.S.,KARICODE,KOLLAM-691 005,
           RESIDING AT FIRDHOSE, CHADANATHOPPU,
           KOLLAM-691 014

    2      RESMI.R.
           AGED 42 YEARS
           W/O. RAJEEVAN.,HST T.K.M.H.S.S.,
           KARICODE, KOLLAM-691 005,
           RESIDING AT SAROVARAM, MANGALATHU NAGAR, 167 A,
           PUNTHALATHAZHAM , KILIKOLLOOR P.O.,
           KOLLAM-691 004

           BY ADVS.
           P.NANDAKUMAR
           SRI.S.ANEESH
           SMT.AMRUTHA SANJEEV

RESPONDENT/S:

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

    2      THE REGIONAL DEPUTY DIRECTOR,
           HIGHER SECONDARY EDUCATION, PALAYAM,
           THIRUVANANTHAPURAM-695 033

    3      THE DISTRICT EDUCATIONAL OFFICER,
           VIDYA NAGAR, KOLLAM-691 013

    4      THE MANAGER,
           T.K.M.H.S.S.,KARICODE,KOLLAM-691 005,
 WP(C) NO. 12354 OF 2020

                            2


    5      HASEENA.S.,
           ASSISTANT PROFESSOR,MALAYALAM,
           TKM COLLEGE OF ARTS AND SCIENCE,
           KOLLAM-691 005

           BY ADVS.
           SMT NISHA BOSE SR. GOVERNMENT PLEADER
           SRI.ARUN CHANDRAN
           SRI.S.P.ARAVINDAKSHAN PILLAY
           SMT.N.SANTHA
           SRI.RIJI RAJENDRAN
           SRI.V.VARGHESE
           SMT.NISHA GEORGE
           SRI.VISHNU B.KURUP
           SRI.PETER JOSE CHRISTO
           SRI.A.L.NAVANEETH KRISHNAN
           SRI.S.A.ANAND
           KUM.CHITHRA P.GEORGE
           SMT.K.N.REMYA
           SMT.L.ANNAPOORNA
           SHRI.AKSHAY V NAIR
           SHRI.VISHNU V.K.
           KUM.ABHIRAMI K. UDAY
           SHRI.KURUVILLA SABU CHRISTY



     THIS WRIT PETITION (CIVIL) HAVING COME UP     FOR
ADMISSION ON 17.06.2022, THE COURT ON THE SAME     DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 12354 OF 2020

                                         3


                                  JUDGMENT

Instant writ petition is file seeking the following reliefs:

(i) To call for the records leading to Exhibits P7, P9 and P12 and quash the same by the issuance of a writ of certiorari.

(ii) To declare that the 5th respondent is not entitled to rejoin duty as HSST (Malaylam) at TKM Higher Secondary School, Kollam since her appointment as Assistant Professor in Malayalam at TKM College of Arts and Science, Kollam has already been approved by the University of Kerala and her probation in the said post has been declared.

(iii) To issue a writ of mandamus directing respondents 2 and 3 to approve the appointments of the petitioners as HSST (Malaylam) and HST (Malayalam) respectively and disburse their salary with arrears.

2. The brief facts are as under:-

The petitioners contend that the 1st petitioner was appointed as

HSA (Malayalam) at the T.K.M. Higher Secondary School, Kollam on

05.06.2006. Later, she was appointed as HSST (Malayalam) w.e.f.

14.12.2018 in the vacancy which arose when the 5th respondent

secured appointment as Assistant Professor (Malayalam) at the T.K.M.

College of Arts and Science, Kollam. In the consequent vacancy left

behind by the 1st petitioner, the 2nd petitioner was appointed as HSA

(Malayalam) by Exhibit P2 order. It appears from the records produced

before this Court that the appointment of the 5th respondent was WP(C) NO. 12354 OF 2020

approved by the University of Kerala and her probation was also

declared. However, the educational authorities rejected the approval of

the appointment of the 1st petitioner on the ground that the 5th

respondent had not submitted any resignation in the post of HSST

(Malayalam) to the 4th respondent. As a consequence, the appointment

of the 2nd petitioner was also not approved.

3. While so, another development took place. The 5th

respondent requested the Manager of T.K.M. Arts and Science College to

relieve her from duty, so as to enable her to rejoin duty as HSST

(Malayalam) at the T.K.M. Higher Secondary School, Kollam. However,

the said request was rejected by Exhibit P11 order.

4. The petitioner contends that thereafter without notice to

the petitioner herein, the 1st respondent has issued Exhibit P12 order

holding that the relief of the 5th respondent from the post of HSST

(Malayalam) was without obtaining prior permission from the

educational authority in terms of Chapter XIV A Rule 48 A of the KER

and in that view of the mater, she can be permitted to rejoin the duty as

HSST (Malayalam) at the T.K.M. Higher Secondary School.

5. The contention of the petitioner is that the said order was

passed in violation of all tenets of the law. It is further stated that the WP(C) NO. 12354 OF 2020

said order passed by the 1st respondent entails serious consequences to

the petitioners and hence they also ought to have been heard. Various

other contentions are also raised in the writ petition to impugn the order

passed by the 1st respondent.

6. In the counter affidavit filed by the 1st respondent, it is stated

that the 5th respondent has not resigned from the post of HSST and in

terms of Chapter XIV A Rule 48 A of the KER, relieved employees are

entitled to lien in the former post.

7. In the counter affidavit filed by the 5th respondent, the 5th

respondent has given her reasons in support of the order passed by the

government.

8. I have considered the submissions made across the bar.

9. The records reveal that Ext.P12 order has been issued by

the Government pursuant to a letter dated 26.09.2019 submitted by the

RDD. There is no case for the respondents that before passing such an

order, the petitioners herein, who are persons likely to be affected by

the said order was furnished with an opportunity of being heard.

Furthermore, as is apparent from Ext.P12 one line order, none of the

relevant aspects were noticed by the 1st respondent. In that view of WP(C) NO. 12354 OF 2020

the matter, I am of the considered opinion that the matter requires fresh

consideration by the Government.

In view of the discussion above, Exhibit P12 will stand quashed.

There will be a direction to the 1st respondent to reconsider the entire

issue with notice to the petitioners herein, the respondent No. 5, as well

as the Manager. Order shall be passed expeditiously, in any event,

within a period of two months from the date of production of a copy of

this judgment.

Until orders are passed as directed above, the interim order dated

23.06.2020 shall operate.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE

avs WP(C) NO. 12354 OF 2020

APPENDIX OF WP(C) 12354/2020

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF ORDER DATED 13.12.2018 ISSUED BY 4TH RESPONDENT TO THE 1ST PETITIONER

EXHIBIT P2 TRUE COPY OF ORDER DATED 14.12.2018 ISSUED BY 4TH RESPONDENT TO THE 2ND PETITIONER

EXHIBIT P3 TRUE COPY OF ORDER DATED 25.06.2018 ISSUED BY THE MANAGER, TKM COLLEGE OF ARTS AND SCIENCE, KOLLAM

EXHIBIT P4 TRUE COPY OF RELIEVING ORDER DATED 26.06.2018 ISSUED BY THE 4TH RESPONDENT TO THE 5TH RESPONDENT

EXHIBIT P5 TRUE COPY OF ORDER DATED 26.02.2019 ISSUED BY THE UNIVERSITY OF KERALA

EXHIBIT P6 TRUE COPY OF PROCEEDINGS DATED 27.06.2019 OF THE MANAGER, TKM COLLEGE OF ARTS AND SCIENCE, KOLLAM

EXHIBIT P7 TRUE COPY OF ORDER DATED 15.02.2019 ISSUED BY THE 2ND RESPONDENT

EXHIBIT P8 TRUE COPY OF LETTER DATED 03.04.2019 ISSUED BY THE 4TH RESPONDENT TO THE 2ND RESPONDENT

EXHIBIT P9 TRUE COPY OF LETTER DATED 14.082019 ISSUED BY THE 2ND RESPONDENT

EXHIBIT P10 TRUE COPY OF LETTER DATED 14.06.2019 ISSUED BY THE 4TH RESPONDENT TO THE 5TH RESPONDENT

EXHIBIT P11 TRUE COPY OF LETTER DATED 16.07.2019 ISSUED BY THE MANAGER TKM COLLEGE OF ARTS AND SCIENCE, KOLLAM TO THE 5TH RESPONDENT WP(C) NO. 12354 OF 2020

EXHIBIT P12 TRUE COPY OF LETTER DATED 30.05.2020 ISSUED BY THE 1ST RESPONDENT

RESPONDENT EXHIBITS

EXHIBIT R5(a) TRUE COPY OF THE REPRESENTATION DATED 18.09.2018 FILED BY THE 5TH RESPONDENT TO THE MANAGER, TKM COLLEGE TRUST

EXHIBIT R5(b) TRUE COPY OF THE REPRESENTATION DATED 10.12.2018 FILED BY THE 5TH RESPONDENT TO THE MANAGER, TKM COLLEGE TRUST

EXHIBIT R5(c) TRUE COPY OF THE LETTER NO.ACD.B4/144815/2019/HSE DATED 18.06.2020 ISSUED FROM THE OFFICE OF THE DIRECTOR OF GENERAL EDUCATION (HIGHER SECONDARY WING)