Kerala High Court
Soumini. V vs State Of Kerala on 12 June, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
WEDNESDAY, THE 12TH DAY OF JUNE 2024 / 22ND JYAISHTA, 1946
WP(C) NO. 20975 OF 2024
PETITIONER/S:
SOUMINI. V, AGED 54 YEARS,W/O MADHUSUDHANAN. V, HSST
(MATHS), SREE SARADA GIRLS HIGHER SECONDARY SCHOOL,
PURANATTUKARA, THRISSUR (RESIDING AT KOMBIYIL HOUSE,
AYYANTHOLE, THRISSUR - 680003), PIN - 680551
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 MANAGER,SREE SARADA GIRLS HIGHER SECONDARY SCHOOL,
PURANATTUKARA, THRISSUR, PIN - 680551
5 SMT. RAJESWARY, PRINCIPAL,(UN-APPROVED),
SREE SARADA GIRLS HIGHER SECONDARY SCHOOL,
PURANATTUKARA, THRISSUR, PIN - 680551
6 SMT. GEETHA A.K,SREE SARADA GIRLS HIGHER SECONDARY
SCHOOL, PURANATTUKARA, THRISSUR, PIN - 680551
7 SMT. SAJINI K.S,SREE SARADA GIRLS HIGHER SECONDARY
SCHOOL, PURANATTUKARA, THRISSUR, PIN - 680551
ADV NISHA BOSE-GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 12.06.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.C No. 20975 of 2024
2
JUDGMENT
The petitioner, who is working as HSST (Mathematics) in the
school managed by the 4th respondent, has approached this Court
being aggrieved by the refixation of seniority, by which the
respondent Nos.5 to 7 were assigned seniority above the
petitioner. It is also the grievance of the petitioner that, on the
basis of the same, the 5th respondent was appointed as the
Principal overlooking the claims of the petitioner. The approval of
the appointment of the 5th respondent is now pending
consideration before the 3rd respondent. The petitioner submitted
Ext.P10 representation before the 3 rd respondent and the limited
prayer sought by the petitioner is to direct the 3 rd respondent to
consider Ext.P10 along with the proposal of approval of
appointment of the 5th respondent.
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.P10 and the same shall be considered along with the
proposal of approval of appointment of the 5 th respondent. The
orders in this regard shall be passed after hearing the petitioner
and the respondent Nos.4 to 7 within a period of two months from
the date of receipt of a copy of this judgment. While considering
the objections, the judgments and orders relied on by the
petitioner, which are produced as Ext.P7 to P9 and P11 shall also
be adverted to.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
rpk
APPENDIX OF WP(C) 20975/2024
PETITIONER EXHIBITS
Exhibit P-1 TRUE COPY OF THE SENIORITY LIST OF HSSTS AS ON
01.04.2023
Exhibit P-2 TRUE COPY OF THE OBJECTION DATED 19.02.2024
Exhibit P-3 TRUE COPY OF THE SENIORITY LIST OF HSST AS ON
01.06.2024
Exhibit P-4 TRUE COPY OF THE COVERING LETTER DATED
01.06.2024 BEFORE 3RD RESPONDENT
Exhibit P-5 TRUE COPY OF THE RELEVANT EXTRACT OF STAFF
FIXATION ORDERS FOR 2019-2020,2020-2021 AND
2021-22
Exhibit P-6 TRUE COPY OF THE OBJECTION LETTER TO THE
FORWARDED SENIORITY LIST DATED NIL
Exhibit P-7 TRUE COPY OF THE DECISION REPORTED IN 2009(4)
KHC 4 (PAVITHRAN V.K.M AND ANOTHER V. STATE OF
KERALA AND OTHERS)
Exhibit P-8 TRUE COPY OF THE DECISION REPORTED IN 2014 (1)
KHC 829 DATED 13.12.2014 (MAJI GEORGE A V.
STATE OF KERALA)
Exhibit P-9 TRUE COPY OF THE JUDGMENT IN WA NO. 629/2023
DATED 22.05.2023
Exhibit P-10 TRUE COPY OF THE REPRESENTATION SUBMITTED BY
THE PETITIONER BEFORE THE 3RD RESPONDENT DATED
30.05.2024
Exhibit P-11 TRUE COPY OF THE DECISION REPORTED IN 2021(1)
KHC 659 DATED 20.01.2021 (SANTHAKUMARI AMMA
C.N V. STATE OF KERALA AND OTHERS)
