Kerala High Court
N.S.Suchitra vs State Of Kerala on 1 February, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 1ST DAY OF FEBRUARY 2023 / 12TH MAGHA, 1944
WP(C) NO. 8855 OF 2021
PETITIONER:
N.S.SUCHITRA
AGED 48 YEARS
W/O.VISWA PRASAD, H.S.S.T(JUNIOR), BOTANY, GOPAL
MEMORIAL HIGHER SECONDARY SCHOOL, THIRUVALATHUR,
KODUMBA P.O., PALAKKAD-678 551, RESIDING AT SREE
NADANAM, KRISHNA NAGAR, 7TH STREET, C.N.PURAM,
PALAKKAD-678 005.
BY ADV U.BALAGANGADHARAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY, GENERAL EDUCATION DEPARTMENT,
GOVERNMENT SECRETARIAT (ANNEX),
THIRUVANANTHAPURAM-695 001.
2 THE DIRECTOR OF GENERAL EDUCATION,
(HIGHER SECONDARY EDUCATION), HOUSING BOARD BUILDINGS,
SANTHINAGAR, THIRUVANANTHAPURAM-695 001.
3 REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION,
HIGHER EDUCATION DEPARTMENT,
CIVIL STATION, MALAPPURAM-679 001.
4 THE DEPUTY DIRECTOR OF EDUCATION,
CIVIL STATION, PALAKKAD-678 013.
5 THE DISTRICT EDUCATIONAL OFFICER,
CIVIL STATION, PALAKKAD-678 001.
6 THE MANAGER, GOPAL MEMORIAL HIGHER SECONDARY SCHOOL,
THIRUVALATHUR, KODUMBA P.O., PALAKKAD-678 551.
BY ADV. SRI. S.EASWARAN - R6
SMT. SURYA BINOY, SENIOR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 8855 OF 2021
2
P.V.KUNHIKRISHNAN, J.
------------------------------
W.P.(C)No. 8855 of 2021
----------------------------------------------
Dated this the 01st day of February, 2023
The above writ petition is filed with the following
prayers:
"(1) Call for the records leading Exhibits P11,
P12 and Ext.P.15 and quash the same by issuing writ
in the nature of certiorari;
(2) Writ in the nature of mandamus
commanding the 3rd respondent to approve the
appointment of the petitioner as H.S.S.T. Jr. Botany
in 6th respondent School with effect from 17.1.2018
and grant all consequential benefits including arrears
of pay and allowances in the post;
(3) Declare that the appointment of the
petitioner as H.S.S.T. Jr. Botany is entitled to be
approved in 6th respondent school from 17.1.2018
with all consequential benefits including arrears of pay
and allowances in the post of H.S.S.T;
(4) Such other reliefs that the Hon'ble Court
deem fit and proper in the facts and circumstances of
the case.[SIC]"
2. The petitioner was an approved H.S.A. and she
has been appointed by transfer as Higher Secondary
School Teacher (Junior) Botany against 25% quota on
WP(C) NO. 8855 OF 2021
being selected by the Committee comprising of
Government nominee while on deployment in
Government School is aggrieved by the denial of
approval as H.S.S.T. on a reason that there is no post of
H.S.A. in the parent School to appoint her as H.S.S.T.
by transfer. The petitioner joined in the post of H.S.A.
Natural Science on 1.6.1999 and the appointment was
approved. She was deployed to Government School due
to division fall in the aided school on 16.08.2014.
Exts.P2 and P3 are the orders. Subsequetly, the parent
school was upgraded to Higher Secondary School and
post of H.S.S.T. (Junior) Botany was created. According
to the petitioner, she is fully qualified to be appointed
against 25% quota as H.S.S.T. (Junior) Botany. It is also
the case of the petitioner that the selection committee
with Government nominee selected the petitioner to the
post of H.S.S.T. The manager requested the educational
authority to cancel deployment to enable the petitioner
to join as H.S.S.T. It is also the case of the petitioner
that the parent school issued appointment order as
WP(C) NO. 8855 OF 2021
H.S.S.T.(Junior). But the 3rd respondent rejected the
approval stating that the petitioner has not rejoined the
post of H.S.A. to take up the post of H.S.S.T. The above
order was challenged by the manager by filing an appeal
and the appeal was rejected as evident by Ext.P10.
Aggrieved by the same, the manager and the petitioner
filed revision before the Government. The Government
also dismissed the revision as evident by Ext.P15.
Aggrieved by the same, this writ petition is filed.
3. Heard counsel appearing for the petitioner, the
learned Government Pleader and the counsel appearing
for the 6th respondent.
4. When this writ petition came up for
consideration on 07.04.2021, this Court passed the
following order:
"Admit.
The learned Government Pleader takes notice for
respondents 1 to 5.
Issue notice to the 6th respondent by speed post or
by e-mail.
Post on 20.05.2021.
The petitioner shall be permitted to continue as
HSST for a period of two months."
WP(C) NO. 8855 OF 2021
5. It is the case of the petitioner that, based on
the interim order, the petitioner is continuing as H.S.S.T.
(Junior) Botany and she is getting salary in the scale of
H.S.A. The main contention of the petitioner is that, in
similar situation as evident by Exts.P16, P17 and P20,
the 3rd respondent passed orders to the effect that the
persons on deployment can be appointed by transfer
notionally. This Court perused those orders. After going
through those orders, I think the Government can
reconsider the matter afresh after giving an opportunity
of hearing to the petitioner and the manager. The
Government will consider the applicability of Exts.P16,
P17 and P20 and will also consider whether such an
order can be passed in this case also, taking into
consideration the facts and circumstances of this case.
Till then the interim order already passed can be
continued. To enable the Government to pass fresh
orders, Exts.P15 can be set aside.
Therefore, this writ petition is disposed of in the
WP(C) NO. 8855 OF 2021
following manner:
i. Ext.P15 is set aside.
ii. The 1st respondent is directed to
reconsider the matter after giving an opportunity of
hearing to the petitioner and the 6 th respondent, as
expeditiously as possible, at any rate, within a period
of two months from the date of receipt of a copy of
this judgment.
iii. While considering the matter, the
Government will also look into Ext.P16, P17 and P20
and take a decision in accordance to law. The
Government is free to pass appropriate orders in
accordance to law.
iv. Petitioner will produce a copy of the writ
petition along with a certified copy of this judgment
before the 1st respondent for compliance.
Sd/-
P.V.KUNHIKRISHNAN
DM JUDGE
WP(C) NO. 8855 OF 2021
APPENDIX OF WP(C) 8855/2021
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF APPOINTMENT ORDER
DATED 01.06.1999 ISSUED BY THE 6TH
RESPONDENT.
EXHIBIT P2 A TRUE COPY OF ORDER DATED 16.08.2014
ISSUED BY THE DEPUTY DIRECTOR OF
EDUCATION, PALAKKAD.
EXHIBIT P3 A TRUE COPY OF ORDER DATED 31.05.2017
ISSUED BY THE DEPUTY DIRECTOR OF
EDUCATION, PALAKKAD.
EXHIBIT P4 A TRUE COPY OF GO(RT)
NO.4999/2017/G.EDN DATED 23.12.2017.
EXHIBIT P5 A TRUE COPY OF MINUTES OF SELECTION
COMMITTEE DATED 13.01.2018 WITH GOVT.
NOMINEE.
EXHIBIT P6 A TRUE COPY OF LETTER FROM MANAGER TO
DISTRICT EDUCATIONAL OFFICER,
PALAKKAD DATED 16.01.2018.
EXHIBIT P7 A TRUE COPY OF APPOINTMENT ORDER
DATED 17.01.2018 ISSUED BY THE
MANAGER 6TH RESPONDENT.
EXHIBIT P8 A TRUE COPY OF ORDER OF DEPUTY
DIRECTOR OF EDUCATION PALAKKAD DATED
17.01.2018.
EXHIBIT P9 A TRUE COPY OF THE ORDER OF DISTRICT
EDUCATIONAL OFFICER, PALAKAKD DATED
28.04.2018.
EXHIBIT P10 A TRUE COPY OF LETTER OF GOVT. TO THE
SECOND RESPONDENT DATED 22.05.2019.
EXHIBIT P11 A TRUE COPY OF THE ORDER DATED
03.09.2019 ISSUED BY THE REGIONAL
DEPUTY DIRECTOR, HIGHER SECONDARY,
MALAPPURAM.
EXHIBIT P12 A TRUE COPY OF LETTER OF THE DIRECTOR
WP(C) NO. 8855 OF 2021
OF PUBLIC INSTRUCTIONS DATED
26.09.2019 TO THE PETITIONER.
EXHIBIT P13 A TRUE COPY OF REVISION PETITION OF
THE PETITIONER BEFORE THE GOVT. DATED
21.07.2020.
EXHIBIT P14 A TRUE COPY OF JUDGMENT OF THE
HON'BLE COURT IN WPC NO.15300/20
DATED 04.12.2020.
EXHIBIT P15 A TRUE COPY OF GOVT. ORDER DATED
06.02.2021.
EXHIBIT P16 A TRUE COPY OF THE ORDER DATED
02.06.2015 ISSUED BY THE DEPUTY
DIRECTOR OF EDUCATION, PALAKKAD.
EXHIBIT P17 A TRUE COPY OF THE ORDER DATED
09.07.2020 ISSUED BY THE REGIONAL
DEPUTY DIRECTOR, HIGHER SECONDARY
EDUCATION.
EXHIBIT P18 A TRUE COPY OF THE JUDGMENT DATED
4.12.2020 IN WPC NO-15300/2020
EXHIBIT P 20 A TRUE COPY OF THE ORDER NO.
A2/856/2021/R.D.D/L.DIS DATED
23.11.2021 ISSUED BY THE DEPUTY
DIRECTOR OF KOZHIKODE HIGHER
SECONDARY EDUCATION DEPARTMENT
RESPONDENTS EXHIBITS : NIL
//TRUE COPY// PA TO JUDGE
