Kerala High Court
Vijayasree.P.R vs State Of Kerala on 12 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
WP(C) NO. 12186 OF 2024
PETITIONER/S:
VIJAYASREE.P.R
HEADMISTRESS, VIVEKASAGARAM UPPER PRIMARY SCHOOL,
VELLARAKKAD P.O., THRISSUR - 680 584.
AGED 55 YEARS, RESIDING AT KAIPARAMBIL HOUSE,
KECHERY,THALAKKOTTUKARA P.O.,
THRISSUR, PIN - 680 501.
BY ADVS.
M.VISHNUPRIYA
C.B.ABHINAVA
RESPONDENT/S:
1 STATE OF KERALA
REP. BY SECRETARY TO THE GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695 001.
2 DIRECTOR OF GENERAL EDUCATION
O/O THE DIRECTOR OF GENERAL EDUCATION, JAGATHI,
THIRUVANANTHAPURAM, PIN - 695 014.
3 DEPUTY DIRECTOR OF EDUCATION
O/O THE DEPUTY DIRECTOR OF EDUCATION,
TRISSUR CIVIL STATION, AYANTHOL,
THRISSUR, PIN - 680 020.
4 ASSISTANT EDUCATIONAL OFFICER
O/O THE ASSISTANT EDUCATIONAL OFFICER,
KUNNAMKULAM KUNNAMKULAM,
THRISSUR, PIN - 673 571.
5 MANAGER,
VIVEKASAGARAM UPPER PRIMARY SCHOOL,
VELLARAKKAD P.O., THRISSUR DISTRICT,
THRISSUR, PIN - 680 584.
W.P.(C) No.12186 OF 2024
2
OTHER PRESENT:
ADV K G SAROJINI- GOVERNMENT PLEADER
ADV. NISHA BOSE- GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 12.04.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.12186 OF 2024
3
JUDGMENT
The petitioner, who is presently working as
Headmistress, in the School managed by the 5 th respondent
has approached this Court seeking the following reliefs;-
"i) To issue a Writ of Mandamus directing the 4th
respondent to approve the appointment of the
petitioner as Headmistress of VS UP School
Vellarakkad w.e.f. 01.06.2023 forthwith.
ii) To declare that petitioner who is the senior
most teacher in 5th respondents is entitled to
get approval of promotion as HM having
crossed the age of 50 years in the light of Sub
Rule 4 of Rule 45B of Chapter XIV A KER.
iii) To declare that in view of the existing
Government orders as evidenced by Exts.P16
to P18 and also the relinquishment letter given
by the qualified teacher, the 4th respondent
ought not delayed the approval of
appointment of the petitioner as HM of VS UPS
Vellarakkad w.e.f 01.06.2023 onwards.
iv) To issue a Writ of Mandamus to directing 4th
respondent to appoint the petitioner as
Drawing and Disbursing Officer, forthwith.
v) To dispense with the filing of translated copies
of Exhibits produced in the above Writ Petition.
And
vi) To grant such other and further reliefs as this
Hon'ble Court may consider just and proper in
the facts and circumstances of the case".
W.P.(C) No.12186 OF 2024
2. The writ petition was submitted by the petitioner
on the reason that, the appointment of the petitioner as
Headmistress was not considered by the authorities
concerned. Subsequent to the filing of the writ petition,
orders were passed by the 4 th respondent, declining the
approval of appointment. The said order has been placed
on record, by the learned Government Pleader along with a
memo dated 08.04.2024. On going through the said order
which is dated 30.03.2024, it is seen that, the approval of
appointment of the petitioner was rejected mainly on the
ground that there were two seniors in the School who are
eligible to be appointed.
3. It was also observed that, out of the said two
persons one person has already submitted a relinquishment
and as far as the other senior is concerned namely Sri.
Dantis K. Muringatheri, he is qualified to be appointed, and
therefore the claim of the petitioner cannot be considered.
4. However, the learned Counsel for the petitioner
produced Ext.P19 along with I.A. No.1/2024 wherein, it was
pointed out that, as per the endorsements made by the
W.P.(C) No.12186 OF 2024
AEO in the Service Book of the said Sri. Dantis, certain
period of his service cannot be treated as service. The total
extent of the said period comes to above 5 years. It was
pointed out by the learned Counsel for the petitioner that,
the said person was treated as senior to the petitioner, by
taking note of the period which was sought to be excluded
in the service book. On going through the order now
passed by the 4th respondent it is discernible that, the said
aspect was not taken into consideration by the 4 th
respondent.
5. In such circumstances, I am of the view that,
since this is a crucial aspect which should have been taken
into consideration I am of the view that the matter has to
be reconsidered by the 4th respondent by taking note of this
aspect also.
Therefore, the order bearing No.C/49052/2023 dated
30.03.2024 which is passed by the 4th respondent is set
aside and the 4th respondent is directed to consider the
question of approval of the appointment of the petitioner
afresh. While taking such a decision, the reasonable
W.P.(C) No.12186 OF 2024
opportunity should be granted to the petitioner, the 5 th
respondent and Sri. Dantis K. Muringatheri. A fresh decision
in this regard shall be taken within a period of six weeks
from the date of receipt of copy of this Judgment.
Sd/-
ZIYAD RAHMAN A. A.,
JUDGE
S.M.K.
W.P.(C) No.12186 OF 2024
APPENDIX
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER IN
RESPECT OF THE 1ST PETITIONER DATED
01.06.2005 CONTAINING THE ENDORSEMENT
OF THE APPROVAL BY THE 4TH RESPONDENT
Exhibit P2 TRUE COPY OF STAFF FIXATION ORDER
NO.D.DIS/B/42938/2019 DATED 16.07.2019
ISSUED BY THE 4TH RESPONDENT
Exhibit P3 TRUE COPY OF THE ORDER NO.B1/60185/2019
DATED 15.10.2019 ISSUED BY THE 3RD
RESPONDENT
Exhibit P4 THE COPY OF THE 6TH WORKING DAY
STATEMENT FOR THE ACADEMIC YEAR 2022-
Exhibit P5 TRUE COPY OF THE FITNESS CERTIFICATE
ISSUED IN RESPECT OF THE SCHOOL DATED
31.05.2022
Exhibit P6 TRUE COPY OF THE INSPECTION REPORT
ISSUED TO THE 4TH RESPONDENT DATED
29.07.2022
Exhibit P7 TRUE COPY OF THE STAFF FIXATION ORDER
NO.D.DIS/B/40541/2022 DATED 20.08.2022
Exhibit P8 TRUE COPY OF ORDER NO.D.DIS/B/40541
/2022 DATED 24.08.2022 ISSUED BY THE
4TH RESPONDENT
Exhibit P9 TRUE COPY OF INTERIM ORDER IN
W.P(C)NO.27928/2022 DATED 29.08.2022
Exhibit P10 TRUE COPY OF THE INTERIM ORDER IN
IA.NO.1/2021 IN W.P(C)NO.17676/2021
DATED 24.03.2023
W.P.(C) No.12186 OF 2024
Exhibit P11 TRUE COPY OF THE PROCEEDINGS ISSUED BY
THE 5TH RESPONDENT DATED 02.05.2023
APPOINTING SMT.SHEELA K AS HEADMISTRESS
Exhibit P12 TRUE COPY OF THE RELINQUISHMENT LETTER
SUBMITTED BY SMT. DALI K P DATED
12.01.2024
Exhibit P13 TRUE COPY OF THE APPOINTMENT ORDER
ISSUED BY THE 5TH RESPONDENT DATED
01.06.2023
Exhibit P14 TRUE COPY OF THE RELEVANT EXTRACT OF
PETITIONER'S SERVICE BOOK /SSLC BOOK
Exhibit P15 TRUE COPY OF THE G.O(MS)NO.177/12/G.EDN
DATED 05.06.2012
Exhibit P16 TRUE COPY OF CIRCULAR NO.53731/J2/10
/G.EDN DATED 28.10.2010
Exhibit P17 TRUE COPY OF THE G.O(RT)NO.3063
/2018/G.EDN DATED 10.08.2018
Exhibit P18 TRUE COPY OF CIRCULAR NO.J2/48/2018/
G.EDN DATED 24.10.2018
Exhibit P19 TRUE COPY OF THE RELEVANT EXTRACT OF
THE SERVICE BOOK OF SRI DANTIS K.
MURINGATHERI CONTAINING THE ENDORSEMENT
MADE BY THE 4TH RESPONDENT
