Kerala High Court
Mary Brincel Hurtiz vs State Of Kerala on 10 June, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
MONDAY, THE 10TH DAY OF JUNE 2024 / 20TH JYAISHTA, 1946
WP(C) NO. 20692 OF 2024
PETITIONER/S:
MARY BRINCEL HURTIZ
AGED 48 YEARS
W/O. SOJAN MATHEW, PUNNAPILLIL HOUSE, NN 197,
NAZARETH NAGAR, ANGAMALY P.O., PIN-683572, WORKING
AS H.S.T. (ENGLISH), C.C.P.L.M.A.I.H.S. SCHOOL,
PERUMANOOR P.O., THEVARA,, PIN - 682015
BY ADVS.
V.VIJULAL
T.A.PRASANTH
K.T.SEBASTIAN
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL
EDUCATION DEPARTMENT SECRETARIAT,
THIRUVANANTHAPURAM,, PIN - 695001
2 THE DIRECTOR OF GENERAL EDUCATION,
OFFICE OF THE DIRECTOR OF GENERAL EDUCATION,
HIGHER SECONDARY EDUCATION, JAGATHY,
THIRUVANANTHAPURAM,, PIN - 695014
3 THE DEPUTY DIRECTOR OF EDUCATION,
OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION,
ERNAKULAM, KAKKANAD, PIN-682 030, OFFICIATING AS
MANAGER, CENTRAL BOARD OF ANGLO-INDIAN EDUCATION
(REG. NO.9/1953), PERUMANOOR P.O., KOCHI, PIN -
682015
4 THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY
EDUCATION,
OFFICE OF REGIONAL DEPUTY DIRECTOR OF HIGHER
SECONDARY EDUCATION, S.R.V. SCHOOL BUILDING, M.G.
ROAD, ERNAKULAM SOUTH,, PIN - 682011
W.P.C No. 20692 of 2024
2
5 DISTRICT EDUCATIONAL OFFICER,
OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,
ERNAKULAM, PIN - 682011
OTHER PRESENT:
ADV SAROJINI K G -GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 10.06.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.C No. 20692 of 2024
3
JUDGMENT
The petitioner entered into service as UPSA in the leave
vacancy of LAIUS, Kadukutty with effect from 22.10.1996.
Thereafter she was appointed against a regular vacancy as LPSA
in the said school with effect from 01.08.200 onwards. Later, the
petitioner was appointed as HST (English) in the
C.C.P.L.M.A.I.H.S.S, Perumanoor with effect from 02.06.2008
onwards. While so, there occurred a vacancy of HSST (English) in
the higher secondary section of the school consequent to the
retirement of Smt.Beena A.
2. According to the petitioner, she is having all the
qualifications to be appointed against the said vacancy by
transfer. It was pointed out that, two of the seniors have already
submitted their relinquishment to the post of HSST (English).
However, the claim of the petitioner is not being considered. In
such circumstances, the petitioner submitted Ext.P8
representation before the 3rd respondent which is now pending
consideration. The limited prayer sought by the petitioner is to
direct the 3rd respondent to consider the same within a time
frame.
After hearing the learned counsel for the petitioner and the
learned Government Pleader, I am inclined to dispose of this writ
petition. Accordingly, it is ordered that, the 3 rd respondent shall
take up Ext.P8 and pass appropriate orders thereon in accordance
with law, within a period of three weeks from the date of receipt of
a copy of this judgment. While taking a decision, the 3 rd
respondent shall take into account Exts.P8 to P11.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
rpk
APPENDIX OF WP(C) 20692/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF APPOINTMENT ORDER OF THE
PETITIONER DATED 1.8.2000
Exhibit P2 TRUE COPY OF APPOINTMENT ORDER OF
PETITIONER DATED 6.6.2001 AS UPSA ALONG
WITH THE ORDER OF APPROVAL
Exhibit P3 TRUE COPY OF APPOINTMENT ORDER OF THE
PETITIONER DATED 2.6.2008 ALONG WITH THE
ORDER OF APPROVAL
Exhibit P4 TRUE COPY OF COMMUNICATION NO.
DDEEKM/4700/2024/B1 ISSUED BY THE 3RD
RESPONDENT DATED NIL
Exhibit P5 TRUE COPY OF JOINING REPORT DATED
3.6.2024 ISSUED BY THE HEADMISTRESS,
C.C.P.L.M.A.I.H.S.S. PERUMANOOR
Exhibit P6 TRUE COPY OF ORDER DATED 31.5.2024 BY
WHICH THE APPOINTMENT BY-TRANSFER OF SMT.
BEENA A. AS HSST (ENGLISH) WAS APPROVED
Exhibit P7 TRUE COPY OF STAFF FIXATION ORDER NO.
RDDMSE/EKM/ 3435/2024-B2 DATED 25.5.2024
ISSUED BY THE 4TH RESPONDENT
Exhibit P8 TRUE COPY OF REPRESENTATION DATED
24.4.2024 SUBMITTED BY THE PETITIONER
BEFORE THE 3RD RESPONDENT
Exhibit P9 TRUE COPY OF RELINQUISHMENT LETTER DATED
4.6.2024 OF SMT.MARINA YVONNE J.F.
Exhibit P10 TRUE COPY OF RELINQUISHMENT LETTER DATED
1.4.2024 OF SMT. CAROL SUBREENA BIVEIRA
Exhibit P11 TRUE COPY OF RELEVANT PAGES OF SENIORITY
LIST AS ON 1.1.2023 ISSUED BY THE 3RD
RESPONDENT
Exhibit P12 TRUE COPY OF COMMUNICATION DATED 1.6.2024
ISSUED BY THE 3RD RESPONDENT
