N.S. Sreekala vs State Of Kerala
2023 Latest Caselaw 4787 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
 THURSDAY, THE 13TH DAY OF APRIL 2023 / 23RD CHAITHRA, 1945
                   WP(C) NO. 14097 OF 2023
PETITIONER:
          N.S. SREEKALA
          AGED 53 YEARS
          W/O. N.K. RATNAKUMAR, TEACHER-IN-CHARGE,
          NEW HIGHER SECONDARY SCHOOL, NELLIMOOD,
          NELLIMOOD.P.O., NEYYATTINKARA,
          THIRUVANANTHAPURAM-695 121, RESIDING AT
          'VRINDAVAN', DURGADEVI TEMPLE LANE, KOTTAPPANA,
          ARALMOODU.P.O., THIRUVANANTHAPURAM -, PIN - 695123
          BY ADVS.ELVIN PETER P.J.
          K.R.GANESH
          GOURI BALAGOPAL
          ABHIJITH.K.ANIRUDHAN
          SREELEKSHMI A.S.
          ANU JOSEPH

RESPONDENTS:
    1     STATE OF KERALA
          REPRESENTED BY THE SECRETARY TO GOVERNMENT,
          GENERAL EDUCATION DEPARTMENT, SECRETARIAT,
          THIRUVANANTHAPURAM-, PIN - 695001
    2     THE DIRECTOR OF GENERAL EDUCATION,
          DIRECTORATE OF GENERAL EDUCATION,
          THIRUVANANTHAPURAM- 695014
    3     THE DEPUTY DIRECTOR OF EDUCATION
          NEYYATTINKARA, THIRUVANANTHAPURAM - 695121
    4     THE DISTRICT EDUCATIONAL OFFICER,
          NEYYATTINKARA, THIRUVANANTHAPURAM-695121
    5     THE MANAGER,
          NEW HIGHER SECONDARY SCHOOL, NELLIMOOD,
          NELLIMOOD.P.O., NEYYATTINKARA,
          THIRUVANANTHAPURAM -, PIN - 695121
    6     SMT. VIJAYALAKSHMI.K.G.
          HIGH SCHOOL TEACHER (MATHS.), NEW HIGHER SECONDARY
          SCHOOL, NELLIMOOD, NELLIMOOD.P.O., NEYYATTINKARA,
          THIRUVANANTHAPURAM -, PIN - 695121
           SMT.NISHA BOSE, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.04.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C).No.14097/2023

                                  2




                   P.V.KUNHIKRISHNAN, J.
                    --------------------------------
                   W.P.(C).No.14097 of 2023
             ----------------------------------------------
            Dated this the 13th day of April, 2023


                           JUDGMENT

This writ petition is filed with following prayers:

i. To declare that Ext. P10 order is unconstitutional and ultravires the Constitution. ii. To issue a writ of certiorari, or any other appropriate writ, order or direction calling for the records leading to Ext.P17 order of 3 rd respondent DDE and quash the same;

iii. To issue a writ of mandamus, or any other appropriate writ or order directing the respondents to approve the appointment of the petitioner as Headmistress of the 5th respondent School;

iv. To issue a writ of mandamus, or any other appropriate writ, order or direction directing the 1st respondent to consider and pass orders on Ext.P18 Revision petition filed by the petitioner under Rule 92 of Chapter XIV A of KER within a time fixed by this Hon'ble Court, after giving notice to all the parties concerned; v. To declare that Ext. P13 and Ext. P17 orders are illegal and void;

WP(C).No.14097/2023

vi. It is humbly prayed that this Hon'ble Court may be pleased to dispense with filing of English translation of Vernacular Documents. vii. To issue such other writ, order or direction as this Hon'ble Court deem fit and proper in the facts and circumstances of the case (SIC)

2. When this writ petition came up for consideration,

the counsel for the petitioner submitted that there may be a

direction to consider Ext.P18 statutory revision within a time

frame and till then, the operation of Ext.P17 may be deferred.

The counsel also submitted that the petitioner is now working

as teacher in charge and the same may be continued till a

decision is taken in Ext.P18.

3. Heard the learned Government Pleader also. If the

6th respondent is aggrieved by any of the directions issued by

this Court, she is free to file a review petition.

4. After hearing both sides, I think this writ petition

can be disposed of directing the 1 st respondent to consider

Ext.P18 within a time frame. Till then, the petitioner can be

allowed to continue as teacher in charge.

Therefore, this writ petition is disposed of in the

following manner:

WP(C).No.14097/2023

1. The 1st respondent is directed to consider and

pass appropriate orders in Ext.P18, with notice

to the petitioner and the 6th respondent, as

expeditiously as possible, at any rate, within four

months from the date of receipt of a stamped

certified copy of this judgment.

2. Till final orders are passed in Ext.P18, the

petitioner can continue as teacher in charge, if

she is continuing in that post.

3. I make it clear that I have not considered the

matter on merit and the 1 st respondent is free to

pass appropriate orders in accordance with law.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE WP(C).No.14097/2023

APPENDIX OF WP(C) 14097/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE PHOTOCOPY OF THE CERTIFICATE OF DEPARTMENTAL TEST CONDUCTED BY THE KERALA PUBLIC SERVICE COMMISSION IN THE YEAR JANUARY, 2022.

Exhibit P2 TRUE PHOTOCOPY OF THE CERTIFICATE OF KER TEST CONDUCTED BY THE KERALA PUBLIC SERVICE COMMISSION IN THE YEAR JANUARY, 2022.

Exhibit P3 TRUE PHOTOCOPY OF THE APPOINTMENT ORDER DATED 03.06.1996 ISSUED BY THE 5TH RESPONDENT MANAGER APPOINTING THE PETITIONER AS U.P.S.A. IN THE 5TH RESPONDENT SCHOOL.

Exhibit P4 TRUE PHOTOCOPY OF THE JUDGMENT DATED 21.11.2007 IN W.P.(C) NO. 20895/2003 OF THIS HON'BLE COURT DECLARING THAT THE PETITIONER WAS QUALIFIED TO BE PROMOTED TO THE POST OF H.S.A. ON THE DATE OF OCCURRENCE OF VACANCY ON 13.06.1996. Exhibit P5 TRUE PHOTOCOPY OF THE RELEVANT EXTRACT OF THE APPROVED SENIORITY LIST OF THE 5TH RESPONDENT SCHOOL FOR THE YEAR 2011-2022 AS ON 01.01.2022.

Exhibit P6 TRUE PHOTOCOPY OF THE APPOINTMENT ORDER ISSUED BY THE 5TH RESPONDENT APPOINTING THE PETITIONER AS HEADMISTRESS-IN- CHARGE WITH EFFECT FROM 01.06.2022 AS PER HIS PROCEEDINGS DATED 01.06.2022. Exhibit P7 TRUE PHOTOCOPY OF THE APPOINTMENT ORDER DATED 01.06.2022 ISSUED BY THE 5TH RESPONDENT PROMOTING THE PETITIONER AS HEADMISTRESS.

Exhibit P8 TRUE PHOTOCOPY OF THE REJECTION ORDER DATED 20.06.2022 ISSUED BY THE DEO, NEYYATTINKARA TO THE 5TH RESPONDENT MANAGER REJECTING THE APPOINTMENT OF THE PETITIONER AS HEADMISTRESS-IN- CHARGE.

WP(C).No.14097/2023

Exhibit P9 TRUE PHOTOCOPY OF THE ORDER NO.

B6/4564/22 DATED 05.07.2022 ISSUED BY THE 4TH RESPONDENT DEO APPROVING THE APPOINTMENT OF THE PETITIONER AS TEACHER-IN-CHARGE.

Exhibit P10 TRUE PHOTOCOPY OF THE SRO NO. 794/2017 PUBLISHED IN THE EXTRA ORDINARY GAZETTE DATED 13.12.2017.

Exhibit P11 TRUE PHOTOCOPY OF THE JUDGMENT DATED 30.06.2022 IN W.P.(C) NO. 21371/2022. Exhibit1 P12 TRUE PHOTOCOPY OF THE HEARING NOTE DATED 20.09.2022 SUBMITTED BY THE PETITIONER BEFORE THE DEO.

Exhibit P13 TRUE PHOTOCOPY OF THE ORDER NO.

B6/4091/21/K.DIS. DATED 18.10.2022 ISSUED BY THE 4TH RESPONDENT DEO DIRECTING THE 5TH RESPONDENT MANAGER TO PROMOTE THE 6TH RESPONDENT AS HEADMISTRESS OF THE 5TH RESPONDENT SCHOOL.

Exhibit P14 TRUE PHOTOCOPY OF THE SUSPENSION ORDER NO. VI/29865/10 DATED 20.05.2010 ISSUED BY THE ADDITIONAL DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM SUSPENDING THE 6TH RESPONDENT. Exhibit P15 TRUE PHOTOCOPY OF THE REVOCATION ORDER NO. VI/29865/2010/DPI DATED 12.08.2010 ISSUED BY THE DPI REVOKING THE SUSPENSION OF THE 6TH RESPONDENT, WITH A DIRECTION THAT THE DISCIPLINARY PROCEEDINGS WILL CONTINUE AS PER RULES. Exhibit P16 TRUE PHOTOCOPY OF THE JUDGMENT DATED 04.11.2022 IN W.P.(C) NO. 35374/2022 OF THIS HON'BLE COURT.

Exhibit P17 TRUE PHOTOCOPY OF THE ORDER NO.

DDETVM/2164/2022-B5 DATED 27.03.2023 ISSUED BY THE 3RD RESPONDENT.

Exhibit P18 TRUE PHOTOCOPY OF THE REVISION PETITION DATED 02.02.2023 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. (WITHOUT EXHIBITS)