Kerala High Court
T.S Padmaja vs State Of Kerala on 3 April, 2024
WPC.No.12352/24 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
WEDNESDAY, THE 3RD DAY OF APRIL 2024 / 14TH CHAITHRA, 1946
WP(C) NO. 12352 OF 2024
PETITIONER:
T.S.PADMAJA,
AGED 52 YEARS,
W/O.K.S JAYAKUMAR, HIGHER SECONDARY SCHOOL TEACHER
[MALAYALAM], VIVEKODAYAM BOY'S HIGHER SECONDARY
SCHOOL, THRISSUR, RESIDING AT, KUNDANINGATTU HOUSE,
MUTHUVARA, PUZHACKAL P.O, THRISSUR, PIN - 680 543.
BY ADVS.
R.KRISHNAKUMAR (CHERTHALA)
DIBEESH C.
R.RAJASREE (CHUTTIMATTATHIL)
RESPONDENT:
1 STATE OF KERALA,
REP. BY ITS SECRETARY TO THE GOVERNMENT, GENERAL
EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695 001.
2 DIRECTOR OF HIGHER SECONDARY EDUCATION,
HOUSING BOARD BUILDING, SANTHI NAGAR,
THIRUVANANTHAPURAM, PIN - 695 001.
3 THE REGIONAL DEPUTY DIRECTOR OF EDUCATION [HSE],
ERNAKULAM
OFFICE OF THE RDD [HSE], SRV GHSS BUILDING,
KASTHURI RANGAN HALL, ERNAKULAM, PIN - 682 011.
4 THE MANAGER, VIVEKODAYAM BOYS HIGHER SECONDARY SCHOOL,
THRISSUR, NAIKKANAL, THRISSUR, PIN - 680 001.
WPC.No.12352/24 2
5 PRIYA.P,
HIGHER SECONDARY SCHOOL TEACHER, VIVEKODAYAM BOYS
HIGHER SECONDARY SCHOOL, THRISSUR. RESIDING AT,
THEKOOT HOUSE, MULLUKKARA, MANNUTHY, THRISSUR,
PIN - 680 651.
6 MRUTHALA P NAIR,
HIGHER SECONDARY SCHOOL TEACHER, VIVEKODAYAM BOYS
HIGHER SECONDARY SCHOOL, THRISSUR, RESIDING AT, MANGOT
HOUSE, OLLUR P.O, THRISSUR, PIN - 680 651.
GP-SMT.NISHA BOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC.No.12352/24 3
JUDGMENT
The petitioner approached this Court seeking the following
reliefs:
"a) Call for the records leading upto Ext.P9 and quash
the same by issuing a writ of certiorari, or any other
appropriate writ, order or direction.
b) Issue a writ of mandamus or any other appropriate
writ, order or direction directing the 3 rd respondent to
approve Ext.P3 appointment of the petitioner as
Principal of the school managed by the 4 th respondent
and sanction and disburse consequential benefits to her
without any further delay.
c) Issue such other appropriate writs, orders or
directions as this Hon'ble Court deems fit and proper in
the facts and circumstances of the case.
d) Dispense with filing of the translation of vernacular
documents produced by the petitioner in the above
case."
2. The facts of the case are as follows: The petitioner entered
into service as HSA (Malayalam) in the school managed by 4 th
respondent on 08.09.1994. While continuing in the said post, she was
promoted as HSST in the same school in a sanctioned post on
01.09.1998. Then there occurred a dispute regarding the seniority of
the petitioner as against some of the teachers, which was ultimately
settled by this Court as per Ext.P1 judgment. In the said judgment,
the petitioner was declared as senior to the 6 th respondent therein,
Smt.A.Raji, HSST in the same school. On the basis of the same,
seniority of the petitioner was fixed and later, upon arising the
vacancy of the Principal, she was appointed as the Principal of the
School as per Ext.P3. The approval of the said appointment is now
pending consideration before the 3rd respondent.
3. In the mean time, the respondents 4, 5 and 6 have
approached the 3rd respondent seeking revision of seniority between
the petitioner and the said respondents, on the basis of the judgment
rendered by this Court in W.A.No.1124 of 2020. Acting upon the
representation submitted by the said respondents, the 3 rd respondent
passed Ext.P9 order directing the revision of seniority, and the
appointment of the petitioner as principal was not considered , on
account of the same. According to the petitioner it is not in tune with
the direction issued in Ext.P1. This writ petition is submitted in such
circumstances challenging Ext.P9 order.
4. Heard Sri.Krishnakumar, learned counsel for the petitioner
and Smt.Nisha Bose, learned Government Pleader for the respondents
1 to 3.
5. On perusal of the records and the Ext P9 order, it is seen
that, the impact of the Ext P1 judgment and consequential fixation of
seniority was not considered while issuing Ext P9 order. It is the
specific case of the petitioner that, non consideration of the same
caused prejudice to him.
In such circumstances, this writ petition is disposed of directing
the 3rd respondent to re-consider the contention of the petitioner with
regard to the seniority, after taking into account Ext.P1 judgment,
which was not referred to in Ext.P9 order. It is also directed that
while considering the same, an opportunity for being heard shall be
given to the respondents 4 to 6 also and the decision thereon shall be
taken by the 3rd respondent in accordance with law. The said decision
shall be taken and appropriate orders to be passed within a period of
two months from the date of receipt of a copy of this judgment. It is
clarified that the said decision shall be taken untrammeled by any of
the findings already entered in Ext.P9 order. The implementation of
Ext.P9, shall depend upon the decision to be taken by the 3 rd
respondent.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
DG/26.3.24
APPENDIX OF WP(C) 12352/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE JUDGEMENT DATED 11-11-
2019 IN W.P[C] NO.27387/2016 OF THIS
HON'BLE COURT
Exhibit P2 A TRUE COPY OF THE ORDER NO. 05/HSE/2019-
20//VBHSS/TCR DATED 05-12-2019 ISSUED BY
THE 4TH RESPONDENT WITH SENIORITY LIST OF
HSST AS ON 01-12-2019
Exhibit P3 A TRUE COPY OF THE APPOINTMENT ORDER OF THE
PETITIONER ISSUED BY THE 4TH RESPONDENT
DATED 01-05-2023
Exhibit P4 A TRUE COPY OF THE OBJECTION SUBMITTED BY
THE RESPONDENTS NO. 5 AND 6 BEFORE THE 3RD
RESPONDENT DATED 31-05-2023
Exhibit P5 A TRUE COPY OF THE JUDGEMENT DATED 23-05-
2022 IN W.A NO.1124/2020 OF THIS HON'BLE
COURT
Exhibit P6 A TRUE COPY OF THE NOTICE BEARING NO.
RDDHSE/EKM/6138/2023-A2 DATED 13-11-2023
ISSUED BY THE 3RD RESPONDENT
Exhibit P7 A TRUE COPY OF THE WRITTEN NOTE SUBMITTED
BY THE PETITIONER BEFORE THE 3RD RESPONDENT
DATED 27-11-2023
Exhibit P8 A TRUE COPY OF THE WRITTEN NOTE SUBMITTED
BY THE 4TH RESPONDENT DATED 15-11-2023
Exhibit P9 A TRUE COPY OF THE ORDER BEARING NO.
RDDHSE/EKM/6138/2023-A2 DATED 13-11-2023
ISSUED BY THE 3RD RESPONDENT
