Citation : 2024 Latest Caselaw 30400 Ker
Judgement Date : 25 October, 2024
2024:KER:79489
WPC.No.37564/24 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
FRIDAY, THE 25TH DAY OF OCTOBER 2024 / 3RD KARTHIKA, 1946
WP(C) NO. 37564 OF 2024
PETITIONER:
IVY J.,
AGED 53 YEARS,
W/O.VINCENT JOSEPH HSST(JUNIOR) (MATHS) KRIST
RAJ HIGHER SECONDARY SCHOOL, KOLLAM DISTRICT
(RESIDING AT BAZALEL NEAR MOUNT CARMEL SCHOOL
ROAD THANKASSERY, KOLLAM DISTRICT - 691001
BY ADVS.
V.A.MUHAMMED
M.SAJJAD
P.A.JENZIA
RESPONDENTS:
1 THE STATE OF KERALA, REPRESENTED BY ITS
PRINCIPAL SECRETARY TO GOVERNMENT
GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE
II, THIRUVANANTHAPURAM, PIN - 695 001.
2 THE DIRECTOR OF HIGHER SECONDARY EDUCATION,
NEW BUILDING, ULLOORLANE, JAGATHY,
THIRUVANANTHAPURAM, PIN - 695 014.
3 THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY
2024:KER:79489
WPC.No.37564/24 2
EDUCATION,
THIRUVANANATHAPURAM, PIN - 695 033.
4 THE CORPORATE MANAGER (DIOCESE OF KOLLAM),
KRIST RAJ HIGHER SECONDARY SCHOOL,
KOLLAM DISTRICT, PIN - 691 001.
5 SRI.ROYSTON.A,
HM TURNED PRINCIPAL(NOT APPROVED), KRIST RAJ
HIGHER SECONDARY SCHOOL, KOLLAM DISTRICT,
PIN - 691 001.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 25.10.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2024:KER:79489
WPC.No.37564/24 3
JUDGMENT
The petitioner is working as HSST Junior
(Mathematics) in the school managed by the 4 th respondent.
The petitioner is aggrieved by the denial of promotion as
HSST, despite the fact that there is a vacancy available to
accommodate the petitioner. Even though the petitioner
submitted Ext.P3 series of letters before the 2 nd, 3rd and 4th
respondents, same were not considered.
2. Being aggrieved, the petitioner submitted
Ext.P6 appeal before the 1st respondent. The limited prayer
sought by the petitioner is to direct the 1 st respondent to pass
orders thereon within a time frame.
3. 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 1 st respondent shall
take up Ext.P6 and appropriate orders thereon shall be passed
after hearing the petitioner, the 4th and 5th respondents and 2024:KER:79489
other affected parties, if any. Orders in this regard shall be
passed by following the timeline and preferences mentioned in
the G.O.(Ms).No.54/2024/GEDN dated 01.06.2024.
Sd/-
ZIYAD RAHMAN A.A. JUDGE DG/25.10.24 2024:KER:79489
APPENDIX OF WP(C) 37564/2024
PETITIONER EXHIBITS
Exhibit P-1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 30.12.2013
Exhibit P-1(a) TRUE COPY OF THE PROCEEDINGS OF THE REGIONAL DEPUTY DIRECTOR OF HIGHERSECONDARY EDUCATION VIDE NO.TRO/4/992/15/HSE DATED 02.12.2015
Exhibit P-2 TRUE COPY OF THE SENIORITY LIST OF HSST (JUNIOR) DATED 01.01.2023 UNDER THE MANAGEMENT
Exhibit P-3 TRUE COPY OF THE LETTER OF THE PETITIONER ADDRESSING THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION DATED 12.06.2024
Exhibit P-3(a) TRUE COPY OF THE LETTER OF THE PETITIONER ADDRESSING THE CORPORATE MANAGER DATED 12.06.2024
Exhibit P-3(b) TRUE COPY OF THE LETTER OF THE PETITIONER ADDRESSING THE DIRECTOR OF GENERAL EDUCATION DATED 12.06.2024
Exhibit P-4 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.
26318/2024 DATED 24.07.2024
Exhibit P-5 TRUE COPY OF THE ORDER NO. TRO-
10/5478/2024/RDD/HSE DATED 30.09.2024 OF THE DIRECTOR
Exhibit P-6 TRUE COPY OF THEAPPEAL SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT DATED 22.10.2024
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