R.A.Rasheedha vs State Of Kerala
2023 Latest Caselaw 1749 Ker

                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. 38292 OF 2022
PETITIONER:

          R.A.RASHEEDHA (RETIRED HEADMISTRESS)
          W/O. M.K. KABEER,
          AGED 56 YEARS, MECHIKODE HOUSE,
          P.O ELAVAMPADAM, PALAKKAD DISTRICT - 678 684.
          BY ADVS.
          K.MOHANAKANNAN
          H.PRAVEEN (KOTTARAKARA)


RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY ITS PRINCIPAL
          SECRETARY TO GOVERNMENT,
          GENERAL EDUCATION DEPARTMENT,
          GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM - 695 001.
    2     THE DIRECTOR OF GENERAL EDUCATION,
          JAGATHY, THIRUVANANTHAPURAM-695014.
    3     THE DEPUTY DIRECTOR OF EDUCATION,
          OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION,
          CIVIL STATION, KENATHUPARAMBU,
          KUNATHURMEDU, PALAKKAD DISTRICT - 678 001.
    4     DISTRICT EDUCATION OFFICER,
          DISTRICT EDUCATIONAL OFFICE,
          MUNICIPAL COMPLEX, ROBINSON RD,
          OPP. GOVERNMENT HOSPITAL, SANTHI NAGAR, SULTANPET,
          PALAKKAD DISTRICT - 678014.
    5     THE ASSISTANT EDUCATION OFFICER,
          ASSISTANT EDUCATION OFFICE,
          MINI CIVIL STATION,
          ALATHUR, PALAKKAD - 678 541.
    6     THE MANAGER,
 WP(C) NO. 38292 OF 2022
                                 2

            A.M.L.P. SCHOOL,
            PUNNAPPADAM, ALATHUR TALUK,
            PALAKKAD DISTRICT 678684.
            BY ADV
            DR.GEORGE ABRAHAM - R6
            SRI.K.M.FAISAL, 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. 38292 OF 2022
                                    3

               P.V.KUNHIKRISHNAN, J.
              ------------------------------
              W.P.(C)No. 38292 of 2022
      ----------------------------------------------
     Dated this the 01st day of February, 2023

                           JUDGMENT

The above writ petition is filed with the following

prayers:

"(i) To issue a writ of certiorari or any other order or direction calling for records leading to Ext.P3 and quash the same;

(ii) To issue a writ of mandamus or any other order or direction directing the 5th respondent to sanction and disburse the monetary benefit in the scale of HM in terms of Ext.P2 approval of appointment and also revise and refix the pensionary claims within a time frame to be fixed by this Hon'ble Court;

(iii) To dispense with filing of the translation of vernacular documents;

(iv) To grant such other and further reliefs as are just, proper and necessary in the facts and circumstances of the case."[SIC]

2. The petitioner retired as Headmistress from

the 6th respondent School on 31/05/2022. According to

the petitioner, she was Serial No. 2 in the approved

Seniority List. The first person in the Seniority List WP(C) NO. 38292 OF 2022

retired on 31/03/2022. Petitioner was appointed as HM

with effect from 01/04/2022 and it was approved by the

department as per Ext.P2 Order. As per Ext.P3, the

proposal for HM Scale and monetary benefits has been

returned stating that there was one other junior

incumbent qualified and without considering her claim

the petitioner was appointed as HM. Aggrieved by

Ext.P3, 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. Counsel for the petitioner submitted that the

petitioner completed 50 years and she need not acquire

test qualification. The learned Government Pleader

submitted that in the light of Ext.P6, no test qualification

is necessary to the petitioner because she completed 50

years. If that is the case, Ext.P3 can be set aside and

the 5th respondent can be directed to reconsider the

matter. Moreover, as on the date of Ext.P3, the approval

of the petitioner is not cancelled. In such circumstances, WP(C) NO. 38292 OF 2022

Ext.P3 will not stand.

Therefore, this writ petition is allowed in the

following manner:

          i.     Ext.P3 is set aside.

          ii.    The 5th respondent is directed to reconsider

the proposal of the petitioner for Rule 28A fixation

and HM Higher Grade.

iii. The 5th respondent will pass appropriate

orders in accordance to law, as expeditiously as

possible, at any rate, within a period of one month

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

Sd/-

P.V.KUNHIKRISHNAN DM JUDGE WP(C) NO. 38292 OF 2022

APPENDIX OF WP(C) 38292/2022

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE SENIORITY LIST APPROVED BY THE DEPARTMENT DATED 21/04/2022.

EXHIBIT P2 TRUE COPY OF THE PROCEEDINGS OF THE 5TH RESPONDENT NO. F/26313/2022 DATED 24.05.2022.

EXHIBIT P3 TRUE COPY OF THE COMMUNICATION SENT BY THE 5TH RESPONDENT TO THE PETITIONER WITH TYPED COPY DATED 08/08/2022.

EXHIBIT P4 TRUE COPY OF THE JUDGMENT IN WP(C) NO. 5560/2022 DATED 25/07/2022. EXHIBIT P5 TRUE COPY OF THE GOVERNMENT LETTER ISSUED BY THE 1ST RESPONDENT TO THE AEO, KUZHALMANNAM DATED 10/11/2022. EXHIBIT P6 TRUE COPY OF THE GOVERNMENT CIRCULAR NO. J1/01/21/G.EDN DATED 27/11/2022

RESPONDENTS EXHIBITS : NIL //TRUE COPY// PA TO JUDGE