Sheeba Vikraman vs State Of Kerala
2024 Latest Caselaw 17502 Ker

Kerala High Court

Sheeba Vikraman vs State Of Kerala on 21 June, 2024

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
          THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
     FRIDAY, THE 21ST DAY OF JUNE 2024 / 31ST JYAISHTA, 1946
                      WP(C) NO. 22202 OF 2024
PETITIONER/S:

           SHEEBA VIKRAMAN,AGED 49 YEARS,W/O. ANILKUMAR
           P.J ,HST(MALAYALAM), ST.JOHN'S VOCATIONAL HIGHER
           SECONDARY SCHOOL,UMMANNOOR, UMMANNOOR P.O, KOLLAM
           (RESIDING AT J.P BHAVAN, MEEYANNOOR, KOLLAM -
           691537), PIN - 691520

           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 ,
           JAGATHY, THIRUVANANTHAPURAM, PIN - 695014

      3    THE DISTRICT EDUCATIONAL OFFICER,
           KOTTARAKKARA, KOLLAM DISTRICT, PIN - 691506

      4    THE MANAGER,ST.JOHN'S VOCATIONAL HIGHER SECONDARY
           SCHOOL, UMMANNOOR, UMMANNOOR P.O, KOLLAM, PIN -
           691520

      5    SMT. SHIBI PHILIP,HST(ENGLISH), ST.JOHN'S
           VOCATIONAL HIGHER SECONDARY SCHOOL, UMMANNOOR,
           UMMANNOOR P.O, KOLLAM, PIN - 691520

             ADV NISHA BOSE-SR GP


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   21.06.2024,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.C No. 22202 of 2024

                                      2

                             JUDGMENT

The petitioner, who is now working as HST(English) in the

school managed by the 4th respondent has approached this

Court, being aggrieved by the denial of promotion to the

petitioner as Headmistress. It is also the grievance of the

petitioner that, overlooking his legitimate claims the 5 th

respondent was appointed as a Headmistress in the school. The

proposal of appointment of the 5th respondent as Headmistress

is now pending consideration before the 3 rd respondent. The

petitioner has already submitted Ext.P7 objection before the 3 rd

respondent, in approving the appointment of the 5 th respondent

and highlighting his right to get the promotion.

After hearing the learned counsel for the petitioner and the

learned Government Pleader, I am of the view that, as the

petitioner has asserted his rights before the 3 rd respondent,

before whom the proposal of the appointment the 5 th

respondent is pending consideration, the same has to be

considered by the 3rd respondent along with the consideration of

approval of appointment of the 5th respondent. In such

circumstances, this writ petition is disposed of directing the 3 rd

respondent to take up Ext.P7 and consider the same along with

the proposal of approval of appointment of the 5 th respondent as

Headmistress. A decision in this regard shall be taken within a

period of two months from the date of receipt of a copy of this

judgment after hearing the petitioner and the 4 th and 5th

respondents.

Sd/-

ZIYAD RAHMAN A.A. JUDGE rpk

APPENDIX OF WP(C) 22202/2024

PETITIONER EXHIBITS

Exhibit P-1 TRUE COPY OF THE SENIORITY LIST OF TEACHERS AS ON 01.01.2024

Exhibit P-2 TRUE COPY OF THE ORDER NO.

B6/10707/2022/DEO DATED 01.11.2022

Exhibit P-3 TRUE COPY OF THE DEPARTMENT TEST CERTIFICATE DATED 24.09.2022

Exhibit P-4 TRUE COPY OF THE DEPARTMENT TEST CERTIFICATE DATED 27.01.2024

Exhibit P-5 TRUE COPY OF THE LETTER DATED 12.06.2024

Exhibit P-6 REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT DATED 15.06.2024

Exhibit P-7 TRUE COPY OF THE REVISION PETITION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 13.06.2024