Kerala High Court
Mary Delfin vs State Of Kerala on 20 June, 2024
Author: Sathish Ninan
Bench: Sathish Ninan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
THURSDAY, THE 20TH DAY OF JUNE 2024 / 30TH JYAISHTA, 1946
WP(C) NO. 5446 OF 2018
PETITIONER:
MARY DELFIN
AGED 42 YEARS
JERRY COTTAGE, MUNDUVIRALI, CHANI, KANJIRAMKULAM
P.O., THIRUVANANTHAPURAM - 695 524
BY ADVS.
SRI.P.VIJAYAKUMAR
SRI.M.V.ASHIM
SRI.R.BALAKRISHNAN
SRI.B.HARRYLAL
SRI.C.R.REGHUNATHAN
SMT.U.RESHMA GOPAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY, DEPARTMENT OF GENERAL
EDUCATION, THIRUVANANTHAPURM. 695012
2 DIRECTOR OF PUBLIC INSTRUCTIONS
THIRUVANANTHAPURAM - 695 014
3 DEPUTY DIRECTOR OF EDUCATION
THIRUVANANTHAPURAM - 695 036
4 DISTRICT EDUCATION OFFICER
THIRUVANANTHAPURAM - 695 001
5 CORPORATE MANAGER
R.C. SCHOOLS, SAMANWAYA, ARCH BISHOP'S HOUSE
COMPOUND, VELLAYAMBHALAM, TRIVANDRUM - 695 003
6 T.D. ALOSHY ST. JOSEPH HIGHER SECONDARY SCHOOL
ANCHENGO, THIRUVANANTHAPURAM - 695 001
BY ADVS.
GOVERNMENT PLEADER
SRI.BECHU KURIAN THOMAS SR.
SRI.KAROL MATHEWS SEBASTIAN ALENCHERRY
SRI.RONY JOSE
SRI.D.G.VIPIN
WP(C) NO.5446 OF 2018
-: 2 :-
OTHER PRESENT:
SRI. BIJOY CHANDRAN . SR. GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 20.06.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
Sathish Ninan, J.
----------------------
WP(C).No.5446 of 2018
-------------------------------
Dated this the 20th day of June, 2024
JUDGMENT
Petitioner was appointed as HSA (Malayalam) in a
school under the 5th respondent corporate management,
with effect from 20/07/2015 onwards. The appointment was
in a regular vacancy that arose consequent to the
transfer and promotion of one Smt.Telma Richard.
However, the authorities did not approve her appointment
for the reason that, the promotion of Smt.Telma Richard
was not approved and hence, there is no established
vacancy.
2. Aggrieved, the petitioner preferred an appeal
before the 3rd respondent. As per Ext.P17 order, the
appeal was rejected. Petitioner challenges the said
order in this writ petition.
WP(C) NO.5446 OF 2018
3. Sri.Bijoy Chandran, the learned Senior
Government Pleader contended that, there is no
established vacancy in the School and hence, the order
cannot be faulted.
4. As against Ext.P17 order, there is a statutory
remedy of Revision provided under Rule 92 of Chapter
XIVA KER, before the Government. It is only appropriate
that the petitioner be relegated to the statutory remedy
to ventilate her grievance.
Accordingly, without expressing anything on the
merits, the writ petition is disposed of with the
following directions:
(i) It shall be open for the petitioner to
challenge Ext.P17 order in a statutory Revision before
the Government within a period of one month from today.
(ii) If the revision is preferred by the petitioner
as ordered in clause (i) above, the Government shall
WP(C) NO.5446 OF 2018
consider the same as filed within time and dispose of
the same on merits, with due notice to all the affected
parties.
Sd/-
Sathish Ninan, Judge
rsr
WP(C) NO.5446 OF 2018
APPENDIX OF WP(C) 5446/2018
RESPONDENT EXHIBITS
Exhibit R6(d) A TRUE COPY OF THE ORDER NUMBERED AS
B(4)78/18/K.DIS. AND DATED 20.03.2020 ON
THE FILES OF THE 3RD RESPONDENT.
PETITIONER EXHIBITS
EXHIBIT P11: TRUE COPY OF THE PROCEEDINGS DATED
14/02/2017 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P1: TRUE COPY OF THE ORDER OF APPOINTMENT
ISSUED BY THE 5TH RESPONDENT WITH THE
ENDORSEMENT OF APPROVAL GRANTED BY THE
4TH RESPONDENT.
EXHIBIT P2: TRUE COPY OF THE APPOINTMENT ORDER DATED
01/08/11 WITH ENDORSEMENT OF APPROVAL.
EXHIBIT P3: TRUE COPY OF THE APPOINTMENT ORDER
ISSUED BY THE 5TH RESPONDENT.
EXHIBIT P3(A) TRUE COPY OF THE JOINING REPORT OF THE
PETITIONER AT ST. MICHEL'S HIGH SCHOOL
W.E.F 20/07/2015.
EXHIBIT P4: TRUE COPY OF THE FORWARDING LETTER DATED
20/07/2015 ISSUED BY THE MANAGER
ADDRESSED TO THE 4TH RESPONDENT.
EXHIBIT P5: TRUE COPY OF THE ORDER DATED 02/11/2016
ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P6: TRUE COPY OF THE APPEAL FILED BY THE
MANAGEMENT AGAINST EXT -P5
EXHIBIT P7: TRUE COPY OF THE PROCEEDINGS DATED
13/06/2016 ISSUED BY THE 5TH RESPONDENT.
EXHIBIT P9: TRUE COPY OF THE COMMUNICATION DATED
13/12/2016 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P10: TRUE COPY OF THE LETTER DATED 20/01/2017
ISSUED BY THE PRINCIPAL TO THE
MANAGEMENT REPORTING ABOVE THE RELIEVING
OF THE PETITIONER.
EXHIBIT P8: TRUE COPY OF THE LETTER DATED 22/08/2016
EXHIBIT P13: TRUE COPY OF THE RELIEVING ORDER DATED
WP(C) NO.5446 OF 2018
27/02/2017
EXHIBIT P14: TRUE COPY OF THE COMPOSITE ORDER DATED
28/02/2017
EXHIBIT P15: TRUE COPY OF THE COMPOSITE ORDER DATED
30/05/2017 PROMOTING AND POSTING THE 6TH
RESPONDENT AS HSA AT ANCHENGO ST.JOSEPH
HIGHER SECORDARY SCHOOL.
EXHIBIT P16: TRUE COPY OF THE REPRESENTATION DATED
07/10/2017
EXHIBIT P17: TRUE COPY OF THE ORDER DATED 08/11/2017
ISSUED BY THE 3RD RESPONDENT
RESPONDENT EXHIBITS
EXHIBIT R5(a) TRUE COPY OF THE ORDER NO.133/2015 DATED
23.5.2018 OF THE 5TH RESPONDENT.
EXHIBIT R5(b) TRUE COPY OF THE ORDER
NO.D.D.S/B3/6373/17 DDE DATED 13.11.2018
ISSUED BY 3RD RESPONDENT.
EXHIBIT R5(c) TRUE COPY OF THE CERTIFICATE ISSUED BY
THE 5TH RESPONDENT.
EXHIBIT R6 A TRUE COPY OF THE APPOINTMENT ORDER DATED
1-6-2017 AND NUMBERED AS NO-176/2018
ISSUED BY THE 5TH RESPONDENT
EXHIBIT R6 B TRUE COPY OF THE ORDER NUMBERED AS NO-
B6/3831/2017/K.DS AND DATED 4-12-2017
ISSUED BY THE 4TH RESPONDENT
EXHIBIT R6 C TRUE COPY OF THE APPEAL UNDER CHAPTER
XIV A RULE 8 OF THE KER,FILED BY THE 5H
RESPONDENT BEFORE THE 3RD RESPONDENT
PETITIONER EXHIBITS
EXHIBIT P12: TRUE COPY OF THE APPEAL DATED 23/02/2017
SUBMITTED BY THE 5TH RESPONDENT BEFORE
THE 2ND RESPONDENT.
