Sheeja M.S vs State Of Kerala
2022 Latest Caselaw 7405 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
     THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
   FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944

                 WP(C) NO. 10269 OF 2022

PETITIONER/S:

          SOBHA C.NAIR
          AGED 53 YEARS
          LOWER PRIMARY SCHOOL TEACHER,
          NJAVAKAD L.P. SCHOOL, KEERIKKAD SOUTH,
          KAYAMKULAM P.O., ALAPPUZHA, PIN-690508.

          BY ADVS.
          S.P.ARAVINDAKSHAN PILLAY
          N.SANTHA
          V.VARGHESE
          PETER JOSE CHRISTO
          S.A.ANAND
          K.N.REMYA
          L.ANNAPOORNA
          VISHNU V.K.
          ABHIRAMI K. UDAY
          KURUVILLA SABU CHRISTY
          LAKSHMI JAYAKUMAR


RESPONDENT/S:

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

    2     DIRECTOR OF GENERAL EDUCATION,
          DIRECTORATE OF GENERAL EDUCATION, JAGATHY,
          THIRUVANANTHAPURAM, PIN-695014.

    3     DEPUTY DIRECTOR OF EDUCATION,
          ALAPPUZHA, PIN-680001.

    4     DISTRICT EDUCATIONAL OFFICER,
          ALAPPUZHA, PIN-680001.

    5     ASSISTANT EDUCATIONAL OFFICER,
          KAYAMKULAM, ALAPPUZHA, PIN-688504.
 WP(C) NO. 10269 OF 2022
& Conn. Cases

                            2



    6     MANAGER,
          NJAVAKAD L.P. SCHOOL, KEERIKKAD SOUTH,
          KAYAMKULAM P.O., ALAPPUZHA, PIN-690508.

    7     M.S.SHEEJA,
          LOWER PRIMARY SCHOOL TEACHER,
          NJAVAKAD L.P. SCHOOL, KEERIKKAD SOUTH,
          KAYAMKULAM P.O., ALAPPUZHA, PIN-690508.

          BY ADVS.
          V.A.MUHAMMED
          GEORGE ABRAHAM
          M.SAJJAD


          SMT NISHA BOSE SR GP



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION  ON 24.06.2022, ALONG WITH  WP(C).6232/2022,
6403/2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) NO. 10269 OF 2022
& Conn. Cases

                            3


         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
     THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
   FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944

                  WP(C) NO. 6232 OF 2022

PETITIONER/S:

          KUNJUMOLE S
          AGED 55 YEARS
          HEADMISTRESS, NJAVAKKAD LOWER PRIMARY SCHOOL,
          KEERIKKAD SOUTH, KAYAMKULAM,
          ALAPPUZHA DISTRICT-690502,
          (RESIDING AT SULEKHA MANZIL,
          CHOOLATHERUV, MUTHUKULAM,
          ALAPPUZHA DISTRICT-690506.)

          BY ADVS.
          P.A.JENZIA
          M.H.SHAJAHAN RAWTHER


RESPONDENT/S:

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

    2     THE DIRECTOR OF GENERAL EDUCATION
          JAGATHY, THIRUVANANTHAPURAM-695014.

    3     THE DEPUTY DIRECTOR OF EDUCATION
          NEAR CIVIL STATION, ALAPPUZHA-688001.

    4     THE ASSISTANT EDUCATIONAL OFFICER
          KAYAMKULAM, ALAPPUZHA DISTRICT-690502.

    5     THE MANAGER
          NJAVAKKAD SOUTH, KAYAMKULAM,
          ALAPPUZHA DISTRICT, PIN-690502.
 WP(C) NO. 10269 OF 2022
& Conn. Cases

                            4

    6     SHEEJA M.S.
          LOWER PRIMARY SCHOOL TEACHER,
          NJAVAKKAD L P SCHOOL, KEERIKKAD SOUTH,
          KAYAMKULAM, ALAPPUZHA DISTRICT-690502.

    7     SHOBHA C NAIR.
          LOWER PRIMARY SCHOOL TEACHER,
          NJAVAKKAD L P SCHOOL, KEERIKKAD SOUTH,
          KAYAMKULAM, ALAPPUZHA DISTRICT-690502.

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 24.06.2022, ALONG WITH WP(C).10269/2022 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) NO. 10269 OF 2022
& Conn. Cases

                               5


          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
      THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
    FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944
                    WP(C) NO. 6403 OF 2021
PETITIONER/S:

          SHEEJA M.S.,
          AGED 49 YEARS
          W/O. ABDUL REHIM, HEADMISTRESS,
          NJAVAKKAD LP SCHOOL, KEERIKKAD SOUTH,
          KAYAMKULAM, ALAPPUZHA.

          BY ADVS.
          GEORGE ABRAHAM
          SHRI.JOBY D JOSEPH


RESPONDENT/S:

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

    2     DIRECTOR OF GENERAL EDUCATION,
          JAGATHY, THIRUVANANTHAPURAM-695 014.

    3     DEPUTY DIRECTOR OF EDUCATION,
          ALAPPUZHA-688 001.

    4     ASSISTANT EDUCATIONAL OFFICER,
          ERNAKULAM-682 011.

    5     SMT. SOBHA C. NAIR,
          LPSA, NJAVAKKAD LP SCHOOL, KEERIKKAD SOUTH,
          KAYAMKULAM, ALAPPUZHA-690 502

    6     MANAGER,
          NJAVAKKAD SOUTH, KAYAMKULAM,
          ALAPPUZHA-690 508

          BY ADVS.
          S.P.ARAVINDAKSHAN PILLAY
          V.VARGHESE
          PETER JOSE CHRISTO
 WP(C) NO. 10269 OF 2022
& Conn. Cases

                            6

          S.A.ANAND
          K.N.REMYA
          L.ANNAPOORNA
          VISHNU V.K.
          ABHIRAMI K. UDAY
          KURUVILLA SABU CHRISTY



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 24.06.2022, ALONG WITH WP(C).10269/2022 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) NO. 10269 OF 2022
& Conn. Cases

                                        7

                                 JUDGMENT

The petitioners in these cases have approached this Court claiming

entitlement for promotion to the post of Headmistress in the Njavakkad LP

School, Keerikkad South.

2. It appears that a vacancy of Headmaster /Headmistress arose

in the school on 01.06.2020 consequent to the retirement from service of

Smt. S. Najumunniza, who attained superannuation on 31.05.2020. A copy

of the seniority list as on 01.01.2020 of the Njavakkad LP School details

the seniority position in the school.

3. Smt. Sobha C. Nair, the petitioner in W.P.(C.) No. 10269/2022,

contends that as on the date of occurrence of the vacancy on 01.06.2020,

Smt. M.S. Sheeja, the petitioner in W.P.(C.) No. 6403/2021, had not passed

the obligatory test and had also not crossed 50 years of age. Smt. Sobha

C. Nair asserts that she ought to have been appointed as she was the

seniormost fully qualified person for promotion as Headmistress. However,

the Manager by order dated 010.6.2020 promoted Smt. M.S.Sheeja as

Headmistress of the school with effect from 01.06.2020. The said order

was challenged by Smt. Sobha C. Nair by filing a representation before the

AEO. In the meantime, Smt. M.S.Sheeja filed a revision petition before the

Government, being aggrieved by the inaction on the part of the AEO in

approving the appointment. The revision petition was heard by the WP(C) NO. 10269 OF 2022 & Conn. Cases

Government and by order dated 03.03.2021, the request made by Smt.

Sheeja was rejected and the Government found that Smt. Sobha C. Nair

was fully qualified on the date of occurrence of the vacancy. In tune with

the above Government order, the AEO, Kayamkulam issued order dated

18.03.2021 holding that Smt. Sobha C. Nair is qualified and eligible to be

appointed as Headmistress.

4. Smt. Sobha C. Nair has filed W.P.(C) No.10269/2022 seeking

implementation of the order passed by the Government as well as the AEO

and also for a direction commanding the official respondents to ensure

that the petitioner is promoted as Headmistress in the school.

5. The order passed by the Government has been challenged by

Smt. M.S. Sheeja before this Court by filing W.P.(C) No. 6403/2021.

6. It appears that while the disputes between Smt. Sobha C. Nair

and Smt. M.S.Sheeja was pending, the Manager appointed Smt. S.

Kunjumole, the petitioner in W.P.(C.) No. 6232/2022 as Headmistress in

the school.

7. Smt. S. Kunjumole asserts that she has attained the age of 50

years as on the date of occurrence of the vacancy on 01.06.2020 and she

is entitled to exemption from qualification and therefore, is to be promoted

as Headmistress of the school. The Manager forwarded the proposal to

the AEO and requested that approval be granted with effect from

01.06.2020. The proposal was rejected on the ground that there is a WP(C) NO. 10269 OF 2022 & Conn. Cases

delay of 461 days in submitting the proposal for approval of the

appointment. Smt. Kunjumole asserts that the dispute between Smt.

M.S.Sheeja and Smt. Shobha C. Nair would not affect her statutory

entitlement for promotion with effect from 01.06.2020. Seeking approval

of appointment, Smt. Kunjumole has preferred a revision petition before

the DGE, which is pending consideration. It is the above backdrop that

Smt. Kunjumole has preferred W.P.(C) No.6232 of 2022 seeking to quash

the order of rejection and for a direction to the AEO to approve the

promotion of the petitioner. Alternatively, she has sought for issuance of

directions to the DGE to consider Ext.P7 revision petition filed by her and

to take a decision.

8. Since the issues raised in all these writ petitions are closely

intertwined, all these matters are taken up and disposed of by a common

order.

9. I have heard Sri. S.P. Aravindakshan Pillay, the learned

counsel appearing for the petitioner in W.P.(C.) No. 10269/2022,

Sri. George Abraham, the learned counsel appearing for the petitioner in

W.P.(C.) No.6403/2021, Sri. M. Shajahan Rawther, the learned counsel

appearing for the petitioner in W.P.(C.) No. 6232/2022 and the learned

Government Pleader.

10. From the sequence of events charted above, it is evident that

the dispute between the teachers is with regard to their entitlement for WP(C) NO. 10269 OF 2022 & Conn. Cases

promotion to the post of Headmistress consequent to the retirement of

Smt. S. Najummuniza on 31.05.2020. I find from the submissions that

Smt. Kunjumole, the petitioner in W.P.(C.) No. 6232/2022, was appointed

by the Manager and the proposal for approval has been rejected by the

educational authorities. Smt.Kunjumole has approached the DGE and has

preferred a revision petition (Exhibit P7 in W.P.(C.) No. 6232/2022), which

is pending consideration.

11. It was submitted by the learned Government Pleader that the

Government has already considered the issue of promotion of

Smt. M.S.Sheeja and Smt. Sobha C. Nair and a decision has been taken.

Of course, while considering the petition filed by Smt. M.S.Sheeja pursuant

to the directions issued by this Court in W.P.(C) No.12838/2020, the

Government had occasion to consider the question as to whether

Smt. M.S. Sheeja or Smt. Sobha C.Nair could claim entitlement to be

promoted to the post. The Government by G.O.(Rt) No.2057/2021/G.Edn.

dated 3.3.2021 (Ext.P14 in W.P.(C) No.10269/2022), declined the request

of Smt. M.S. Sheeja and had found that Smt. Sobha C. Nair was fully

qualified and hence entitled to promotion. However, the entitlement of

Smt. Kunjumole was not a question that was considered by the

Government while passing the said order.

12. Having considered the entire facts and circumstances, I am of

the considered opinion that the conflicting claims raised by the petitioners WP(C) NO. 10269 OF 2022 & Conn. Cases

in all these cases can be settled, if the DGE hears all the petitioners before

passing orders in the revision petition. The learned counsel appearing for

the petitioners also expressed their approval for following the said course.

In that view of the matter, these writ petitions are disposed of by

issuing the following directions:

a) There will be a direction to the DGE to take up, consider and

pass appropriate orders in Ext.P7 revision petition filed by the

Smt. Kunjumole S., the petitioner in W.P.(C) No. 6232/2022.

b) Before passing orders, the DGE shall afford an opportunity of

being heard to Smt. Sheeja M.S., Smt. Sobha C. Nair and Smt.

Kunjumole also the Manager of the Njavakkad L.P. School.

c) The DGE shall consider the issue notwithstanding the fact that

the rival claims between Smt. Sheeja M.S. and Smt. Sobha C.

Nair had engaged the attention of the Government while

considering the revision petition filed by Smt. Sheeja. Orders

shall be passed as directed above, expeditiously, in any event,

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

a copy of this judgment.

d) The petitioners shall be bound by the outcome of the decision

taken by the DGE in the revision petition and in tune with the

decision taken by the DGE, the competent respondent shall WP(C) NO. 10269 OF 2022 & Conn. Cases

issue consequential orders within a further period of six weeks

from the date of passing of the orders by the DGE.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE avs WP(C) NO. 10269 OF 2022 & Conn. Cases

APPENDIX OF WP(C) 6232/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE APPOINTMENT BY PROMOTION OF THE PETITIONER DATED 01.06.2020.

Exhibit P2 TRUE COPY OF THE G O (RT) NO.2057/2021/G.EDN DATED 03.03.2021 OF THE GOVERNMENT.

Exhibit P3 TRUE COPY OF THE SENIORITY LIST OF TEACHERS AS ON 01.01.2020 AND COUNTER-SIGNED BY THE 6TH RESPONDENT DATED 18.05.2021.

Exhibit P4 TRUE COPY OF THE GO(P) NO.1/2021/G.EDN DATED 05.01.2021 OF THE GOVERNMENT (AS NOTIFIED IN THE KERALA GAZETTE AS SRO NO.18/2021).

Exhibit P5 TRUE COPY OF THE ORDER NO.D/19166/2021/D.DIS DATED 29.10.2021 OF THE AEO, KAYAMKULAM.

Exhibit P6 TRUE COPY OF THE APPEAL APPLICATION OF THE MANAGER.

Exhibit P7 TRUE COPY OF THE REVISION PETITION SUBMITTED BEFORE THE 2ND RESPONDENT DATED 11.02.2022 (WITHOUT EXHIBITS) WP(C) NO. 10269 OF 2022 & Conn. Cases

APPENDIX OF WP(C) 6403/2021

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER ISSUED IN FAVOUR OF THE PETITIONER DATED 1.6.2020.

EXHIBIT P2 TRUE COPY OF THE SENIORITY LIST OF THE PETITIONER'S SCHOOL DATED 1.1.2020.

EXHIBIT P3 TRUE COPY OF THE CERTIFICATE DATED 13.8.2020 ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION.

EXHIBIT P4 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 5TH RESPONDENT DATED NIL

EXHIBIT P5 TRUE COPY OF THE ORDER IN G.O(MS) NO.

16/18/G.EDN DATED 19.2.2018.

EXHIBIT P6 TRUE COPY OF THE JUDGMENT IN W.P.C NO.

14971/14 DATED 24.06.2014.

EXHIBIT P7 TRUE COPY OF THE JUDGMENT IN WRIT APPEAL NO 1900/14 DATED 25.06.2015.

EXHIBIT P8 TRUE COPY OF THE NOTIFICATION GO(P) NO.

19/2020/G.EDN DATED 23.12.2020.

EXHIBIT P9 TRUE COPY OF THE JUDGMENT DATED 29.06.2020 IN W.P.C NO. 12838/2020.

EXHIBIT P10 TRUE COPY OF THE ARGUMENT NOTE DATED NIL FILED BY THE MANAGER DURING THE HEARING.

EXHIBIT P11 TRUE COPY OF THE JUDGMENT DATED 25.08.2020 IN W.P.C NO. 17681/2020.

EXHIBIT P12 TRUE COPY OF THE ADMISSION TICKET DATED 25.2.2020 ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION.

EXHIBIT P13 TRUE COPY OF THE INTERIM ORDER DATED 17.06.2020 PASSED BY THE HON'BLE SUPREME WP(C) NO. 10269 OF 2022 & Conn. Cases

COURT IN SLP NO. 12310/2020

EXHIBIT P14 TRUE COPY OF THE ORDER IN GO(RT) NO.

2057/2021/G.EDN DATED 3.3.2021.

RESPONDENT EXHIBITS

Exhibit R5a TRUE COPY OF TRAINED TEACHERS CERTIFICATE DATED 16.6.1990 ISSUED TO THE 5TH RESPONDENT BY THE SECRETARY, BOARD OF PUBLIC EXAMINATIONS, KERALA STATE

Exhibit R5b TRUE COPY OF CERTIFICATE DATED 30.6.1995 ISSUED TO THE 5TH RESPONDENT BY THE PSC WITH REGARD TO THE ACCOUNT TEST(LOWER)

Exhibit R5C TRUE COPY OF THE CERTIFICATE DATED 26.4.2019 ISSUED TO THE 5TH RESPONDENT BY THE PSC WITH REGARD TO THE TEST IN KERALA EDUCATION ACT AND RULES WP(C) NO. 10269 OF 2022 & Conn. Cases

APPENDIX OF WP(C) 10269/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF TRAINED TEACHERS CERTIFICATE DATED 16.6.1990 ISSUED TO THE PETITIONER BY THE SECRETARY, BOARD OF PUBLIC EXAMINATIONS, KERALA STATE.

Exhibit P2 TRUE COPY OF CERTIFICATE DATED 30.6.1995 ISSUED TO THE PETITIONER BY THE PSC WITH REGARD TO THE ACCOUNT TEST (LOWER).

Exhibit P3 TRUE COPY OF CERTIFICATE DATED 26.4.2019 ISSUED TO THE PETITIONER BY THE PSC WITH REGARD TO THE TEST IN KERALA EDUCATION ACT AND RULES.

Exhibit P4 TRUE COPY OF THE SENIORITY LIST OF TEACHERS AS ON 1.1.2020 OF THE LOWER PRIMARY SCHOOL, NJAVAKKAD, KAYAMKULAM.

Exhibit P5 TRUE COPY OF G.O.(MS) NO.16/18/G.EDN.

DATED 19.2.2018.

Exhibit P6 TRUE COPY OF G.O.(P) NO.19/2020/G.EDN.

DATED 23.12.2020.

Exhibit P7 TRUE COPY OF THE REPRESENTATION DATED 29.5.2020 SUBMITTED BY THE PETITIONER TO THE 6TH RESPONDENT.

Exhibit P8 TRUE COPY OF APPOINTMENT ORDER DATED 1.6.20 ISSUED BY THE MANAGER TO THE 7TH THE RESPONDENT.

Exhibit P9 TRUE COPY OF THE REPRESENTATION DATED 13.6.20 SUBMITTED BY THE PETITIONER TO THE 6TH RESPONDENT.

Exhibit P10 TRUE COPY OF APPEAL DATED 18.8.2020 SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT.

Exhibit P11 TRUE COPY OF THE JUDGMENT DATED 25.8.2020 IN WP(C) NO.17681/2020 OF THIS HON'BLE WP(C) NO. 10269 OF 2022 & Conn. Cases

COURT.

Exhibit P12 TRUE COPY OF THE REVISION PETITION DATED 23.6.2020 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

Exhibit P13 TRUE COPY OF THE JUDGMENT DATED 29.6.2020 IN WP(C) NO.12838/2020 OF THIS HON'BLE COURT.

Exhibit P14 TRUE COPY OF G.O.(RT) NO.2057/2021/G.EDN.

DATED 3.3.2021.

Exhibit P15 TRUE COPY OF ORDER NO.D1456/2020/AEO DATED 18.3.2021 OF THE 5TH RESPONDENT.

RESPONDENT EXHIBITS

Exhibit R7(a) TRUE COPY OF THE SENIORITY LIST OF TEACHERS OF SCHOOL AS ON 01.01.2022

Exhibit R7 (b) TRUE COPY OF THE CERTIFICATE ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION

Exhibit R7 (c) TRUE COPY OF THE CERTIFICATE ISSUED BY THE KERALA PUBLIC SERVICE COMMISSION DATED 28.01.2022