Shymol K G vs State Of Kerala
2023 Latest Caselaw 8796 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
            THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945
                     WP(C) NO. 26706 OF 2023
PETITIONERS:
     1     SHYMOL K G.,
           AGED 50 YEARS
           WIFE OF P K BIJU, HSST (JR) MALAYALAM,
           VISWABHARATHI SNHSS, NJEEZHOOR,
           KOTTAYAM DISTRICT (RESIDING AT PULINKALAYIL (H),
           KAIPUZHA P O, KOTTAYAM DISTRICT - 686 602).
     2     AMBILY M V,
           AGED 37 YEARS
           WIFE OF MANU D, HSA MALAYALAM,
           VISWABHARATHI SNHSS, NJEEZHOOR, KOTTAYAM DISTRICT
           (RESIDING AT MANTHALAMPARA (H) , VANNAPURAM P O,
           THODUPUZHA, IDUKKI DISTRICT - 685 584)
           BY ADVS.
           V.A.MUHAMMED
           M.SAJJAD
RESPONDENTS:
     1     STATE OF KERALA
           REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
           GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE 11,
           THIRUVANANTHAPURAM, PIN - 695 001
     2     THE DIRECTOR OF GENERAL EDUCATION,
           JAGATHY, THIRUVANANTHAPURAM, PIN - 695 014
     3     THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY
           EDUCATION,
           KOTTAYAM DISTRICT, PIN - 686001
     4     THE DEPUTY DIRECTOR OF EDUCATION,
           PALACE ROAD, VAYASKARAKUNNU,
           KOTTAYAM DISTRICT, PIN - 686 001
     5     THE DISTRICT EDUCATIONAL OFFICER,
           KADUTHURUTHY, KOTTAYAM DISTRICT, PIN - 686 604
     6     THE MANAGER,
           VISWABHARATHI SNHSS, NJEEZHOOR,
           KOTTAYAM DISTRICT, PIN - 686 612
     7     THE HEADMASTER,
           VISWABHARATHI SNHSS, NJEEZHOOR,
           KOTTAYAM DISTRICT, PIN - 686 612
           SMT.NISHA BOSE, SR.GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) No.26706 OF 2023

                                        2




                             ANU SIVARAMAN, J.

                  =========================
                     W.P.(C) No.26706 of 2023
                  =========================

                  Dated this the 14th day of August, 2023

                                JUDGMENT

This writ petition is filed seeking the following reliefs:

"(i) call for the records relating to Exhibits P-11,P-12 and P-13 and set aside the originals of the same by issue of a writ of certiorari or other appropriate writ or order.

(ii) issue a writ of mandamus or other appropriate writ order or direction commanding the 3 Respondent to approve the appointment of the 1" Petitioner as HSST (Jr) Malayalam w.e.f 15.07.2021.

(iii) issue a writ of mandamus or other appropriate writ order or direction commanding the 5 Respondent to approve the appointment of the 2 Petitioner as HSA Malayalam w.e.f 15.07.2021.

(iv) issue a writ of mandamus or other appropriate writ order or direction commanding the 1" Respondent to take a decision on Exhibits P-10 and P-14 adverting to Exhibits P-2, P-3, P-9, P-15 and P-16 with notice to the Petitioner and in a time bound manner."

2. Heard the learned counsel for the petitioners and the

learned Government Pleader.

WP(C) No.26706 OF 2023

3. It is submitted that the 1st petitioner is appointed as

HST on 29.06.2016 and was appointed by transfer as HSST

(Malayalam) with effect from 15.07.2021 against a retirement

vacancy. The 2nd petitioner was appointed as HST (Malayalam)

against the vacancy of the 1st petitioner. It is submitted that since

the 1st petitioner's appointment has not approved, the 2nd

petitioner's appointment in the resultant vacancy is also not

approved by the educational authorities. The 1st petitioner has

preferred Ext.P10 representation before the Government and the

Manager has preferred Ext.P14 revision petition before the

Government seeking approval of the 1st petitioner's appointment

by transfer as HSST and the approval of the 2 nd petitioner's

appointment as HST in the resultant vacancy.

Having heard the learned Government Pleader also, I am of

the opinion that it is for the 1 st respondent to take an appropriate

decision on Exts.P10 and P14. There will, accordingly, be a

direction to the 1st respondent to consider and pass orders on

Exts.P10 and P14 with notice to the petitioners as well as the

Manager and any other affected parties, taking note of the

documents to be produced by the petitioners as well. Appropriate WP(C) No.26706 OF 2023

orders shall be passed by the 1 st respondent within four months

from the date of receipt of a copy of this judgment. The

petitioners shall produce a copy of this writ petition along with a

copy of the judgment before the 1st respondent for compliance.

The writ petition is disposed of accordingly.

Sd/-

ANU SIVARAMAN JUDGE SSK/14/08 WP(C) No.26706 OF 2023

APPENDIX PETITIONERS' EXHIBITS Exhibit P- 1 TRUE COPY OF THE APPOINTMENT ORDER OF THE 1ST PETITIONER DATED 29.06.2016 Exhibit P-2 TRUE COPY OF THE APPOINTMENT ORDER OF THE 1ST PETITIONER DATED 15.07.2021 Exhibit P- 3 TRUE COPY OF THE APPOINTMENT ORDER OF THE 2ND PETITIONER DATED 15.07.2021 Exhibit P-4 TRUE COPY OF THE PROCEEDINGS OF THE DIRECTOR VIDE DATED 04.06.2002 Exhibit P-5 TRUE COPY OF THE PROCEEDINGS OF THE DIRECTOR OF HIGHER SECONDARY EDUCATION VIDE ORDER NO. ACD.B4/20140/HSE/01 DATED 29.08.2006 Exhibit P-6 TRUE COPY OF THE STAFF FIXATION ORDER FOR THE ACADEMIC YEAR 2002-03 AND 2003-04 DATED 27.09.2006 Exhibit P-7 TRUE COPY OF THE STAFF FIXATION ORDER FOR THE ACADEMIC YEAR 2017-18 DATED 27.01.2018 Exhibit P-8 TRUE COPY OF THE STAFF FIXATION ORDER FOR THE ACADEMIC YEAR 2022-23 DATED 24.03.2023 Exhibit P- 9 TRUE COPY OF THE COMMUNICATION DATED NILL Exhibit P-10 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER BEFORE THE GOVERNMENT DATED 02.06.2023 Exhibit P-11 TRUE COPY OF THE ORDER NO. B3/25289/2021 DATED 01.11.2021 OF THE DEO, KADUTHURUTHY Exhibit P-12 TRUE COPY OF THE ORDER NO. B5/216329/2021 DATED 26.02.2022 OF THE DDE, KOTTAYAM Exhibit P-13 TRUE COPY OF THE ORDER NO.ET2/236282/2022 DATED 24.02.2023 OF THE DIRECTOR OF GENERAL EDUCATION Exhibit P-14 TRUE COPY OF THE REVISION PETITION SUBMITTED BY THE MANAGER BEFORE THE GOVERNMENT DATED 02.06.2023 Exhibit P-15 TRUE COPY OF THE LETTER DATED 21.06.2023 OF THE MANAGER Exhibit P-16 TRUE COPY OF THE ACKNOWLEDGMENT SLIP ISSUED BY THE SUB REGIONAL EMPLOYMENT OFFICER DATED 21.06.2023