Kerala High Court
Priya P vs Director Of Higher Secondary Education on 1 November, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
FRIDAY, THE 1ST DAY OF NOVEMBER 2024 / 10TH KARTHIKA, 1946
WP(C) NO. 38051 OF 2024
PETITIONER/S:
PRIYA P
AGED 50 YEARS
D/O. SANKUNNI HIGHER SECONDARY SCHOOL TEACHER,
VIVEKODAYAM BOYS HIGHER SECONDARY SCHOOL,
THRISSUR, RESIDING AT THEKOOT HOUSE, MULLUKKARA,
MANNUTHY, THRISSUR, PIN - 680651
BY ADVS.
R.K.MURALEEDHARAN
ATHIRA A.MENON
HARISANKAR.K.V.
RESPONDENT/S:
1 DIRECTOR OF HIGHER SECONDARY EDUCATION,
HOUSING BOARD BUILDING, SANTHI NAGAR,
THIRUVANANTHAPURAM,, PIN - 695001
2 THE REGIONAL DEPUTY DIRECTOR OF EDUCATION [HSE],
ERNAKULAM OFFICE OF THE RDD [HSE], SRV GHSS
BUILDING, KASTHURI RANGAN HALL, ERNAKULAM, PIN -
682011
3 THE MANAGER,
VIVEKODAYAM BOYS HIGHER SECONDARY SCHOOL,
THRISSUR, NAIKKANAL, THRISSUR, PIN - 680001
4 T.S.PADMAJA,
AGED 52 YEARS
W/O. K.S JAYAKUMAR, HIGHER SECONDARY SCHOOL
TEACHER [MALAYALAM], VIVEKODAYAM BOY'S HIGHER
W.P.C Nos. 38051 and 36880 of 2024
2
2024:KER:81147
SECONDARY SCHOOL, THRISSUR RESIDING AT KUNDANINGATTU
HOUSE, MUTHUVARA, PUZHACKAL P.O, THRISSUR, PIN -
680543
5 MRUDULA P NAIR,
HIGHER SECONDARY SCHOOL TEACHER, VIVEKODAYAM BOYS
HIGHER SECONDARY SCHOOL, THRISSUR RESIDING AT,
MANGOT HOUSE, OLLUR P.O., THRISSUR, PIN - 680651
OTHER PRESENT:
Adv.V.K Sunil, Sr.G.P
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 01.11.2024, ALONG WITH WP(C)No.36880/2024, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
W.P.C Nos. 38051 and 36880 of 2024
3
2024:KER:81147
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
FRIDAY, THE 1ST DAY OF NOVEMBER 2024 / 10TH KARTHIKA, 1946
WP(C) NO. 36880 OF 2024
PETITIONER/S:
T.S. PADMAJA
AGED 52 YEARS
W/O K.S. JAYAKUMAR., PRINCIPAL, VIVEKODAYAM BOY'S
HIGHER SECONDARY SCHOOL, NAIKKANAL, THRISSUR
DISTRICT (RESIDING AT KUNDANINGATTU HOUSE,
MUTHUVARA, PUZHACKAL P.O., THRISSUR DISTRICT- 680
543)., PIN - 680001
BY ADVS.
V.A.MUHAMMED
M.SAJJAD
RESPONDENT/S:
1 THE STATE OF KERALA
REPRESENTED BY ITS PRINCIPAL SECRETARY TO
GOVERNMENT, GENERAL EDUCATION DEPARTMENT,
SECRETARIAT ANNEXE II, THIRUVANANTHAPURAM, PIN -
695001
2 THE DIRECTOR OF HIGHER SECONDARY EDUCATION
NEW BUILDING, ULLOOR LANE , JAGATHY,
THIRUVANANTHAPURAM, PIN - 695014
W.P.C Nos. 38051 and 36880 of 2024
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3 THE REGIONAL DEUPUTY DIRECTOR OF HIGHER SECONDARY
EDUCATION
SRV SCHOOL COMPOUND, ERNAKULAM, PIN - 682011
4 THE MANAGER
VIVEKODAYAM BOY'S HIGHER SECONDARY SCHOOL,
NAIKKANAL, THRISSUR DISTRICT, PIN - 680001
5 SMT. PRIYA P
HSST(ENGLISH), VIVEKODAYAM BOY'S HIGHER SECONDARY
SCHOOL, NAIKKANAL, THRISSUR DISTRICT, PIN - 680001
6 SMT. MRIDULA P NAIR
HSST( PHYSICAL SCIENCE), VIVEKODAYAM BOY'S HIGHER
SECONDARY SCHOOL, NAIKKANAL, THRISSUR DISTRICT, PIN
- 680001
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
01.11.2024, ALONG WITH WP(C)NO.38051/2024, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
W.P.C Nos. 38051 and 36880 of 2024
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2024:KER:81147
JUDGMENT
The petitioners in both these writ petitions are presently
working as HSSTs in the Vivekodayam Boys Higher Secondary
School, Naikkanal, Thrissur District. The dispute involved in this
case pertains to the inter-se-seniority between the petitioners and
also the right to be appointed as the Principal of the school. Earlier,
the petitioner in W.P(C) No.36880/2024 was appointed as the
Principal which was challenged by the petitioner in W.P.(C)
No.38051/2024. After a series of litigations, ultimately the Regional
Deputy Director of Higher Secondary Education, Ernakulam passed
Ext.P5 order in W.P.(C) No.36880/2024 (Ext.P8 in W.P.(C)
No.38051/2024), by which the petitioner in W.P.(C) No.38051/2024
was found to be senior to the petitioner in the other writ petition.
Seeking implementation of the said order W.P.(C) No.38051/2024)
was filed whereas, challenging the said order W.P.(C)
No.36880/2024 was filed. During the pendency of this writ
petitions, the petitioner in W.P.(C) No.36880/2024 submitted a
revision petition against the order impugned, before the 1 st
respondent.
W.P.C Nos. 38051 and 36880 of 2024
2024:KER:81147
2. After hearing the petitioners and the learned Government
Pleader, I am of the view that, since the statutory remedy was
invoked by the petitioner in W.P.(C) No.36880/2024, it is only
proper that the 1st respondent take a decision thereon, after hearing
all the parties concerned.
In such circumstances, these writ petitions are disposed of,
directing the 1st respondent to take up the revision petition
submitted by the petitioner in W.P.(C) No.36880/2024, which is
marked as Ext.P14 therein, and to pass appropriate orders thereon,
by hearing the petitioners in these writ petitions, the Manager and
the affected parties including the 5th respondent in W.P.(C)
No.38051/2024. A decision in this regard shall be taken, by the 1 st
respondent, as expeditiously as possible, by following the timeline
and the priorities contemplated in G.O.(Ms)No.54/2024/GEDN dated
01.06.2024.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
rpk
W.P.C Nos. 38051 and 36880 of 2024
2024:KER:81147
APPENDIX OF WP(C) 36880/2024
PETITIONER EXHIBITS
Exhibit P-1 TRUE COPY OF THE PROMOTION ORDER OF THE
PETITIONER VIDE LETTER ADDRESSING THE RDD
HSE, ERNAKULAM BY THE MANAGER DATED
01.05.2023
Exhibit P-2 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.
27387/2016 DATED 11.11.2019
Exhibit P-3 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.
12352/2024 DATED 03.04.2024
Exhibit P-4 TRUE COPY OF THE JUDGMENT IN W.A. NO.
594/2024 DATED 20.06.2024
Exhibit P-5 TRUE COPY OF THE PROCEEDINGS OF THE RDD
HSE ERNAKULAM VIDE NO.
RDDHSE/EKM/5474/2024/A-2 DATED 16.10.2024
Exhibit P-6 TRUE COPY OF THE ORDER PASSED BY THE
HON'BLE SUPREME COURT IN CIVIL APPEALS NO.
1438-1439/2024 DATED 31.01.2024
Exhibit P-7 TRUE COPY OF THE G.O(MS) NO. 162/98/G.EDN.
DATED 13.05.1998
Exhibit P-8 TRUE COPY OF THE G.O(MS) NO.
351/2004/G.EDN. DATED 20.11.2004
Exhibit P-9 TRUE COPY OF THE DECISION REPORTED IN
2009(4) KHC 4 = 2009(4) KLT 20(PAVITHRAN
V.K.M AND ANOTHER V STATE OF KERALA AND
OTHERS) DATED 19.08.2009
Exhibit P-10 TRUE COPY OF THE SENIORITY LIST AS ON
01.01.2015 OF THE SCHOOL DATED VIDE
PROCEEDINGS OF THE MANAGER NO.
01/HSE/2014-15/VBHSS/TCR
W.P.C Nos. 38051 and 36880 of 2024
2024:KER:81147
Exhibit P-11 TRUE COPY OF THE SENIORITY LIST AS ON
01.12.2019 OF THE SCHOOL DATED VIDE
PROCEEDINGS OF THE MANAGER NO.
05/HSE/2019-20/VBHSS/TCR DATED 05.12.2019
Exhibit P-12 TRUE COPY OF THE OBJECTION MADE BY THE 5TH
AND 6TH RESPONDENTS BEFORE THE RDD HSE,
ERNAKULAM DATED 31.05.2023
Exhibit P-13 TRUE COPY OF THE HEARING NOTICE NO.
RDDHSE/EKM/6138/2023-A2 DATED 13.11.2023
OF THE RDD HSE, ERNAKULAM ADDRESSING THE
PETITIONER
Exhibit P-14 TRUE COPY OF THE REVISION PETITION
SUBMITTED BY THE PETITIONER BEFORE THE
GOVERNMENT DATED 23.10.2024 (WITHOUT
EXHIBITS)
W.P.C Nos. 38051 and 36880 of 2024
2024:KER:81147
APPENDIX OF WP(C) 38051/2024
PETITIONER EXHIBITS
Exhibit-P1 TRUE COPY OF THE APPOINTMENT ORDER OF
THE PETITIONER AS HSST (ENGLISH) BY THE
3RD RESPONDENT DATED 01.09.1998
Exhibit-P1(a) TRUE COPY OF THE ORDER OF APPROVAL NO.
C1/2909/HSE/99 BY THE 2ND RESPONDENT
DATED 01.09.1999
Exhibit-P2 TRUE COPY OF THE OBJECTION SUBMITTED BY
THE PETITIONER AND 5TH RESPONDENT DATED
31.05.2023
Exhibit-P3 TRUE COPY OF THE JUDGMENT OF THIS
HON'BLE COURT IN WA NO. 1124/2020 DATED
23.05.2022
Exhibit-P3(a) TRUE COPY OF THE ORDER OF THE HON'BLE
SUPREME COURT IN SLP(C) NO. 11306/2022
DATED 14.07.2022
Exhibit-P4 TRUE COPY OF THE NOTICE ISSUED BY THE
2ND RESPONDENT DATED 13.11.2023
Exhibit-P5 TRUE COPY OF THE ORDER DATED 15.03.2024
ISSUED BY THE 2ND RESPONDENT
Exhibit-P6 TRUE COPY OF THE JUDGMENT IN WP(C) NO.
12352/2024 DATED 03.04.2024
Exhibit-P7 TRUE COPY OF THE JUDGMENT OF THIS
HON'BLE COURT IN WA NO. 594/2024 DATED
20.06.2024
Exhibit-P8 TRUE COPY OF THE ORDER NO. RDDHSE/EKM /
5474/2024-A2 DATED 16.10.2024 ISSUED BY
THE 2ND RESPONDENT
W.P.C Nos. 38051 and 36880 of 2024
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Exhibit-P9 TRUE COPY OF THE ORDER OF THE HON'BLE
SUPREME COURT DATED 30.10.2015 IN SLP(C)
