Syama Sasidhar vs State Of Kerala
2023 Latest Caselaw 4192 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  FRIDAY, THE 31ST DAY OF MARCH 2023 / 10TH CHAITHRA, 1945
                   WP(C) NO. 10918 OF 2023


PETITIONER:

          SYAMA SASIDHAR
          AGED 39 YEARS, W/O RANJITH G,
          HSST MATHEMATICS, ST. MARY'S HSS NIRANAM,
          NIRANAM P.O, THIRUVALLA,
          PATHANAMTHITTA - 689 621,
          RESIDING AT VINDA VILLA,
          NEERATTUPURAM P.O, ALAPPUZHA, PIN - 689571
          BY ADV S.ANEESH

RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY SECRETARY TO GOVERNMENT,
          GENERAL EDUCATION DEPARTMENT, GOVERNMENT
          SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
    2     DIRECTOR OF GENERAL EDUCATION
          OFFICE OF THE DIRECTOR OF GENERAL EDUCATION,
          JAGATHI, THIRUVANANTHAPURAM, PIN - 695014
    3     REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY
          EDUCATION
          CHENGANNUR, ALAPPUZHA, PIN - 689121
    4     THE MANAGER
          ST. MARY'S HSS NIRANAM, NIRANAM P.O, THIRUVALLA,
          PATHANAMTHITTA, PIN - 689621
          BY ADVS.K.M.FAISAL, GP
          V.A Muhammed
          P.A.JENZIA(K/598/2003)


    THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 31.03.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 WP(C).No.10918/2023

                                     2



                   P.V.KUNHIKRISHNAN, J.
                    --------------------------------
                   W.P.(C).No.10918 of 2023
             ----------------------------------------------
            Dated this the 31st day of March, 2023


                              JUDGMENT

This writ petition is filed with following prayers:

i. To issue a Writ of Mandamus directing respondents 3 and 4 to appoint the petitioner to the post of Principal in Charge in the vacancy due to arise on 31.03.2023.

ii. To Issue Writ of Mandamus directing respondents 3 and 4 not to fill up the vacancy of Principal in Charge arising on 31.03.2023 by appointing a junior to the Petitioner.

iii. Issue a Writ of Mandamus directing respondents 3 and 4 not to fill up the vacancy of Principal in Charge arising on 31.03.2023 without considering and passing orders on Exhibit P5 representation submitted by the Petitioner.

iv. To declare that being the senior most teacher, the petitioner is entitled to be appointed to the post of Principal in Charge in the vacancy arising on 31.03.2023.

v. To grant such other relief as this Hon'ble Court deems fit and proper to grant. (SIC)

2. The main grievance of the petitioner is that the 4 th WP(C).No.10918/2023

respondent is appointing a junior of the petitioner as Principal-

in-charge of St.Mary's HSS, Niranam. The grievance of the

petitioner is that even though Ext.P5 representation is filed,

the same is not being considered and the Manager is going to

appoint a junior of the petitioner as Principal-in-charge.

3. Heard the learned counsel for the Manager and the

learned counsel for the 4th respondent Manager.

4. Today when the matter came up for consideration,

the counsel for the 4th respondent takes me through

Ext.R4(a)order passed in Ext.P5. The counsel for the

petitioner submitted that Ext.R4(a) is not received. Anyway,

the order is now received by the petitioner along with the

counter affidavit filed by the 4th respondent. Since Ext.R4(a)

order is there, if the petitioner is aggrieved by the same, he is

free to challenge the same in accordance with law.

Therefore, granting liberty to the petitioner to challenge

Ext.R4(a) in accordance with law, this writ petition is closed.

All the contentions of the petitioner in the writ petition are left

open.

sd/-

                                          P.V.KUNHIKRISHNAN
JV                                               JUDGE
 WP(C).No.10918/2023






                 APPENDIX OF WP(C) 10918/2023

PETITIONER EXHIBITS
Exhibit P1        A TRUE COPY OF THE ORDER DATED
                  18.05.2018 ISSUED BY THE 3RD
                  RESPONDENT
Exhibit P2        A TRUE COPY OF THE ORDER DATED
                  30.07.2018 ISSUED BY THE 3RD
                  RESPONDENT
Exhibit P3        A TRUE COPY OF THE LETTER DATED

30.05.2019 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT Exhibit P4 A TRUE COPY OF THE ORDER DATED 17.01.2022 ISSUED BY THE 3RD RESPONDENT Exhibit P5 A TRUE COPY OF THE REPRESENTATION DATED 06.02.2023 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT RESPONDENT ANNEXURES Exhibit R-4(a) True copy of the letter of the Manager addressing the Petitioner vide letter No.17/2022-23 dated 28.03.2023 Exhibit R-4(b) True copy of the appointment order of the Smt.V.A.Benu Iype dated 28.03.2023