Kerala High Court
Beena O.T vs State Of Kerala on 4 June, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
TUESDAY, THE 4TH DAY OF JUNE 2024 / 14TH JYAISHTA, 1946
WP(C) NO. 20004 OF 2024
PETITIONER/S:
BEENA O.T, AGED 51 YEARS,W/O TONY O.R, HSST
(ECONOMICS), SACRED HEART CGHSS, THRISSUR -
(RESIDING AT OLLUKKARAN HOUSE, CHENGALOOR,
THRISSUR - 680312), PIN - 680020
BY ADVS.
V.A.MUHAMMED
M.SAJJAD
RESPONDENT/S:
1 STATE OF KERALA,REPRESENTED BY ITS PRINCIPAL
SECRETARY TO GOVERNMENT GENERAL EDUCATION
DEPARTMENT, SECRETARIAT ANNEXE II
THIRUVANANTHAPURAM, PIN - 695001
2 THE DIRECTOR OF GENERAL EDUCATION,
HIGHER SECONDARY WING, HOUSING BOARD BUILDINGS,
SANTHI NAGAR, THIRUVANANTHAPURAM, PIN - 695001
3 THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY
EDUCATION,KAKKANAD, ERNAKULAM, PIN - 682030
4 THE DISTRICT EDUCATIONAL OFFICER,
THRISSUR, PIN - 682020
5 THE MANAGER,
SACRED HEART CGHSS, THRISSUR, PIN - 682020
6 THE PRINCIPAL,
SACRED HEART CGHSS, THRISSUR, PIN - 680020
7 THE HEADMASTER/VICE PRINCIPAL,
SACRED HEART CGHSS, THRISSUR, PIN - 680020
ADV NISHA BOSE-GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.C No. 20004 of 2024
2
JUDGMENT
The petitioner while working as HSA (Social Science), in the
school managed by the 5th respondent, was granted by transfer
appointment as HSST (Economics) from 01.02.2024 onwards.
However, the said approval was rejected as per Ext.P6. Being
aggrieved by the same, Ext.P8 revision petition was submitted by
the 5th respondent-Manager and the petitioner submitted Ext.P9
revision petition before the 1st respondent. The limited prayer
sought by the petitioner is to direct the 1st respondent to pass
orders in the said revision petitions within a time frame. It is also
a grievance of the petitioner that, the petitioner is not getting
salary either in the promoted post or in the post in which her
appointment is already approved.
After hearing the learned counsel for the petitioner and the
learned Government Pleader, this writ petition is disposed of,
directing the 1st respondent to take up Exts.P8 and P9 revision
petitions and to pass appropriate orders thereon in accordance
with law, after hearing the petitioner, the 5 th respondent and
other affected parties, if any. The orders in this regard shall be
passed within a period of four months from the date of receipt of a
copy of this judgment. It is further clarified that, the petitioner
shall be entitled to get the salary at the lower scale, until a
decision is taken in the said revision petitions.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
rpk
APPENDIX OF WP(C) 20004/2024
PETITIONER EXHIBITS
Exhibit P-1 TRUE COPY OF THE APPOINTMENT ORDER ALONG
WITH APPROVAL RECORDED THEREON DATED
10.10.1996
Exhibit P-2 TRUE COPY OF APPOINTMENT ORDER OF THE
PETITIONER DATED 02.06.99
Exhibit P-3 TRUE COPY OF THE PROMOTION ORDER ALONG WITH
APPROVAL RECORDED THEREON DATED 03.06.2008
Exhibit P-4 TRUE COPY OF APPOINTMENT ORDER DATED
16.06.2010
Exhibit P-5 TRUE COPY OF THE BY TRANSFER APPOINTMENT
ORDER (PROMOTION) DATED 01.02.2024
Exhibit P-6 TUE COPY OF LETTER NO.
RDDHSE/EKM/2494/2024-B1 DATED 10.05.2024
Exhibit P-7 TRUE COPY OF THE LETTER NO.
RDDHSE/EKM/2373/2024-B1 DATED 23.05.2024
Exhibit P-8 TRUE COPY OF THE REVISION PETITION
SUBMITTED BY THE MANAGER BEFORE THE
GOVERNMENT DATED 27.05.2024
Exhibit P-9 TRUE COPY OF THE REVISION PETITION
SUBMITTED BY THE PETITIONER BEFORE THE
GOVERNMENT DATED 27.05.2024
Exhibit P-10 TRUE COPY OF THE INTERIM ORDER IN WP(C) NO.
365/2024 DATED 05.01.2024
Exhibit P-11 TRUE COPY OF JUDGMENT IN WPC NO. 16652/2024
DATED 10.05.2024
