Kerala High Court
V.S.Sobha vs State Of Kerala on 7 June, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE EASWARAN S.
FRIDAY, THE 7TH DAY OF JUNE 2024 / 17TH JYAISHTA, 1946
WP(C) NO. 7973 OF 2018
PETITIONER/S:
V.S.SOBHA
AGED 60 YEARS
W/O.CHITHARENJAN, AGED 60,RESIDING AT RESMI,
OONNINMOODU, BHOOTHAKULAM PO, KOLLAM 691302
BY ADVS.
SRI.R.LAKSHMI NARAYAN
SRI.M.ASHOK KINI
SMT.R.RANJANIE
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PRINCIPAL SECRETARY,
GENERAL EDUCATION DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, 695001
2 DIRECTOR OF PUBLIC INSTRUCTION
JAGATHI, THIRUVANANTHAPURAM 695014
3 THE DIRECTOR OF HIGHER SECONDARY EDUCATION
THE DIRECTORATE OF HIGHER SECONDARY EDUCATION,
HOUSING BOARD BUILDING, SANTHI NAGAR,
THIRUVANANTHAPURAM, 695014
4 DEPUTY DIRECTOR OF EDUCATION
KOLLAM 691001
5 DISTRICT EDUCATIONAL OFFICER
KOLLAM 691001
6 JOINT MANAGER
CHEMPAKASSERY HIGHER SECONDARY SCHOOL AND
W.P.(C) No.7973 of 2018 2
CHEMPAKASSERY TEACHERS TRAINING INSTITUTE,
BHOOTHAKULAM, KOLLAM 691302
7 SHRI. V.J. CHANDRACHOODAN NAIR
KAVERI, EDAYADI, NELLATHILL PO,
PIN 691302
BY ADVS.
GOVERNMENT PLEADER
SRI.R.KRISHNAKUMAR CHERTHALA
SMT. PREETHA. K. K., SR. G. P.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 07.06.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.7973 of 2018 3
EASWARAN S. , J.
-------------------------
W.P.(C) No.7973 of 2018
-----------------------------------
Dated this the 7th day of June 2024
JUDGMENT
The dispute raised in the writ petition falls in a narrow
compass.
2. The petitioner challenges Ext.P17 order, by which, the 7 th
respondent's appointment as Headmaster of the Chembakassery
Teachers Training Institute, in a leave vacancy from 21.10.2009 to
31.3.2010 was approved. The issue to be decided in the present writ
petition would be bare academic.
3. The learned counsel for the petitioner submitted that the
entire proceedings taken by the respondents 1 to 6 are contrary to
the provisions of the Kerala Education Rules.
4. In the said premises this Court proceeds to consider the
rival submissions of the parties.
5. The Chemapakassery Higher Secondary School and
Chempakassery Teachers Training Institute comes under the
management of the 6th respondent. The petitioner was appointed as
Upper Primary School Assistant in the Chemapakassery Higher
Secondary School on 1.6.1987 and later promoted and appointed to
the post of High School Assistant (Physical Science) with effect from
23.9.1993. Later, from 1.6.2013 to 31.3.2014, the petitioner held
the post of Headmistress in the Chempakassery High School,
Bhoothakulam, on retirement of Smt. B. S Beena, who was the
Headmistress with effect from 1.4.2009 to 31.5.2013.
6. The 7th respondent was promoted to the post of Higher
Secondary School Teacher (Junior) in the Chempakassery Higher
Secondary School, Boothakulam in 2005 and he was holding the
post on a regular basis. Later, the vacancy that arose on account of
the leave taken by One Smt. Leelamma, who was the Headmistress
of the Teachers Training Institute, from 21.10.2009 to 31.3.2010,
was filled by appointing the 7th respondent. After a series of
litigation, by the order impugned in the writ petition, i.e, Ext.P17,
the Government had approved the appointment of the 7 th
respondent on the ground that the 7 th respondent never lost the lien
in the post of Higher Secondary School Teacher (Junior).
7. When the writ petition was taken up for consideration, a
specific query was raised by this Court to the petitioner as well as
the 7th respondent as to whether they are still in the service. The
answer from the respective counsel was that both the petitioner as
well as the 7th respondent has retired. Still further, it was brought to
the notice of this Court that after the leave vacancy expired on
31.3.2010, the 7th respondent was later posted as a Higher
Secondary School Teacher (Junior) and then came back again to the
Chempakassery Teachers Training Institute as Headmaster with
effect from 1.4.2011 to 31.5.2015, and that appointment was also
approved, and consequently the 7th respondent retired as
Headmaster, and the consequential benefits have also been settled
in favor of the 7th respondent. In the light of the peculiar facts, the
issue as to whether the 7 th respondent could have been brought
back to the Chempakassery Teachers Training Institute and later
appointed as Headmaster in the leave vacancy becomes mere
academic. The petitioner may be justified in contenting that once
the person is appointed as H.S.S.T (Junior) and his appointment
having been approved, could not have been brought back to the
post of Headmaster in the Chempakassery Teachers Training
Institute. The petitioner take support from the information obtained
under the Right to Information Act which has been produced as
Ext.P11 in the writ petition.
8. Be that as it may, the question as to whether this Court
should judicially review the action of the 1 st respondent granting
approval to the 7th respondent remains to be seen, especially on a
consideration of the facts, especially when the 7 th respondent has
retired from service and that he has been settled with all retirement
benefits. It is to be noted that the 7 th respondent had worked in the
post during the disputed period 21.10.2009 to 31.3.2010 and
granted all the consequential benefits, this Court does not deem it
appropriate to proceed further and decide the case on its merit.
9. Smt.R. Ranjini, the learned counsel for the petitioner
further pointed out that the appointment of the petitioner from
1.6.2013 to 31.3.2014 as Headmistress in the Chempakassery High
School has yet to be approved because of the pendency of the writ
petition.
10. In the considered view of this Court, the action of the
department in not approving the appointment of the petitioner as
Headmistress in the Chemapakassery High School from 1.6.2013 to
31.3.2014 is not correct and therefore appropriate action for
approval of the said appointment and also reworking of the
retirement benefits shall be taken by the competent among the
respondents 1 to 5 within a period of one month from the date of
receipt of a copy of this judgment. Consequential benefits flowing
out of such approval was also be released to the petitioner within a
further period of two months from the date of passing of the said
order.
This writ petition is disposed of. No order as to costs.
Sd/-
EASWARAN S.
JUDGE
NS
APPENDIX OF WP(C) 7973/2018
PETITIONER EXHIBITS
EXHIBIT P1 TRUE PHOTOCOPY OF THE COMPLAINT DATED 23.10.2009
SUBMITTED BY THE PETITIONER BEFORE THE 6TH
RESPONDENT
EXHIBIT P2 TRUE PHOTOCOPY OF THE COMPLAINT DATED 23.10.2009
SUBMITTED BY THE PETITIONER BEFORE THE 5TH
RESPONDENT
EXHIBIT P3 TRUE PHOTOCOPY OF THE COMPLAINT DATED 29.10.2009
SUBMITTED BY THE PETITIONER BEFORE THE 3RD
RESPONDENT
EXHIBIT P4 TRUE PHOTOCOPY OF THE COMPLAINT DATED 1.11.2009
SUBMITTED BY THE PETITIONER BEFORE THE 2ND
RESPONDENT
EXHIBIT P5 TRUE PHOTOCOPY OF THE COMMUNICATION DATED
18.01.2010 OF THE 5TH RESPONDENT
EXHIBIT P6 TRUE PHOTOCOPY OF THE GOVERNMENT ORDER DATED
25.03.2011
EXHIBIT P7 PHOTOCOPY OF THE --- DATED 4.4.2011
EXHIBIT P8 TRUE PHOTOCOPY OF THE REPRESENTATION DATED
05.04.2011 SUBMITTED BEFORE THE 4TH RESPONDENT
EXHIBIT P9 TRUE PHOTOCOPY OF THE RELEVANT PORTION OF THE
COMBINED SENIORITY LIST
EXHIBIT P10 TRUE PHOTOCOPY OF THE APPLICATION UNDER THE RIGHT
TO INFORMATION ACT
EXHIBIT P11 TRUE PHOTOCOPY OF ANSWERS RECEIVED FOR EXT P10
DATED 23.04.2011
EXHIBIT P12 TRUE PHOTOCOPY OF THE APPLICATION DATED 30.05.2011
SUBMITTED UNDER THE RIGHT TO INFORMATION ACT
EXHIBIT P13 TRUE PHOTOCOPY OF THE ANSWERS RECEIVED FOR EXT P12
EXHIBIT P14 TRUE PHOTOCOPY OF THE JUDGMENT DATED 30.08.2006 IN
EXHIBIT P15 TRUE PHOTOCOPY OF THE JUDGMENT DATED 14.11.2017
EXHIBIT P16 TRUE PHOTOCOPY OF THE ARGUMENT NOTES DATED
25.01.2018
EXHIBIT P17 TRUE PHOTOCOPY OF THE ORDER DATED 19.02.2018 SERVED
ON THE PETITIONER ON 28.02.2018
EXHIBIT P18 TRUE PHOTOCOPY OF THE MEMO DATED 08.12.2009 ISSUED
TO THE PETITIONER
EXHIBIT P19 TRUE PHOTOCOPY OF THE EXPLANATION SUBMITTED BY THE
PETITIONER TO EXT P18
EXHIBIT P20 TRUE PHOTOCOPY OF THE ORDER DATED 11.10.2007 ISSUED
BY THE 1ST RESPONDENT
