Kerala High Court
Sreela S Nair vs The State Of Kerala on 10 January, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:1751
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 10TH DAY OF JANUARY 2025 / 20TH POUSHA, 1946
WP(C) NO. 40685 OF 2024
PETITIONER:
SREELA S NAIR,
AGED 45 YEARS,
D/O SASIDHARAN NAIR, HSA(HINDI),
IMBICHIKOYA THANGAL HIGHER SECONDARY SCHOOL,
CHERUKULAMBA, MALAPPURAM
(RESIDING AT SREERANGAM, PADINHAKKARA,
KOTTAKKAL MALAPPURAM), PIN - 676507
BY ADVS.
V.A.MUHAMMED
M.SAJJAD
RESPONDENTS:
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 GENERAL EDUCATION,
JAGATHY, THIRUVANANTHAPURAM,
PIN - 695014
3 THE REGIONAL DEPUTY DIRECTOR OF
HIGHER SECONDARY EDUCATION,
CIVIL STATION RD, UP HILL,
MALAPPURAM DISTRICT,
PIN - 676505
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W.P.(C) No.40685/2024
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4 THE DISTRICT EDUCATIONAL OFFICER,
UP HILL, MALAPPURAM DISTRICT,
PIN - 676505
5 THE MANAGER,
IMBICHIKOYA THANGAL HIGHER SECONDARY SCHOOL,
CHERUKULAMBA, MALAPPURAM, PIN - 676507
6 THE PRINCIPAL,
IMBICHIKOYA THANGAL HIGHER SECONDARY SCHOOL,
CHERUKULAMBA, MALAPPURAM, PIN - 676507
7 THE HEADMASTER / VICE - PRINCIPAL,
IMBICHIKOYA THANGAL HIGHER SECONDARY SCHOOL,
CHERUKULAMBA, MALAPPURAM, PIN - 676507
BY ADV.
SRI.SUNIL V.K., SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 10.01.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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W.P.(C) No.40685/2024
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JUDGMENT
Dated this the 10th day of January, 2025
The petitioner has continuous approved service as
HST (Hindi) in the School from 02.06.2004 onwards. In Ext.P1,
the petitioner is at serial No.43. She is a Post Graduate in Hindi
with more than 50% marks. She is duly qualified for being
appointed as HSST (Hindi). The factum of her qualifications
stands recorded in the Service Book. In anticipation of arising
the vacancy of HSST (Hindi) by 01.06.2024, well in advance,
the petitioner addressed the Manager as well as the District
Educational Officer for getting by-transfer appointment as HSST
(Hindi).
2. The respondents have not cared to attend to
Exts.P3 to P6. As could be seen from Exts.P7 to P13, the
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official respondents would be justified in granting by-transfer
appointment to the petitioner as HSST (Hindi). The petitioner is
duly qualified for being appointed as HSST (Hindi). The only
taboo in not granting the said by-transfer appointment is the
absence of Manager. Absence of a Manager in the chair shall
not stand in the way of due promotion to
appointments/promotions, statutorily, so held by the
Government as per Exts.P7 to P13 orders.
3. There is no justification on the part of the
respondents in not responding to Exts.P3 to P6. In any view of
the matter, the petitioner may be granted by-transfer
appointment as HSST (Hindi) in the School with effect from
01.06.2024 along with attendant benefits, seeks the petitioner.
4. I have heard the learned counsel for the
petitioner and the learned Senior Government Pleader
representing respondents 1 to 4.
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5. Going through the pleadings in the writ
petition, I find that the petitioner has submitted Ext.P16
representation before the 1st respondent. In the facts of the
case, I am of the view that it would be sufficient that the 1 st
respondent is directed to consider Ext.P16 representation
within a reasonable time.
The writ petition is accordingly disposed of directing the
1st respondent to consider Ext.P16 representation submitted by
the petitioner and take appropriate decision thereon within a
period of three months, after granting an opportunity of hearing
to the petitioner.
Sd/-
N. NAGARESH
JUDGE
SR
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APPENDIX OF WP(C) 40685/2024
PETITIONER'S EXHIBITS:
Exhibit P-1 TRUE COPY OF THE SENIORITY LIST OF
TEACHERS BELONGING TO THE SECONDARY
SCHOOL AS ON 01.01.2018
Exhibit P-2 TRUE COPY OF THE SENIORITY LIST OF
TEACHERS BELONGING TO THE HIGHER
SECONDARY SCHOOL AS ON 01.01.2024
Exhibit P-3 TRUE COPY OF THE PETITION SUBMITTED BY
THE PETITIONER BEFORE THE MANAGER DATED
30.11.2023
Exhibit P-4 TRUE COPY OF THE PETITION SUBMITTED BY
THE PETITIONER BEFORE THE DEO DATED
30.11.2023
Exhibit P-5 TRUE COPY OF THE LETTER SUBMITTED BY
THE PETITIONER BEFORE THE DEO DATED
04.11.2024
Exhibit P-6 TRUE COPY OF THE LETTER SUBMITTED BY
THE PETITIONER BEFORE THE RDDHSE,
MALAPPURAM DATED 04.11.2024
Exhibit P-7 TRUE COPY OF G.O.(RT).NO.7844/2024/GEDN
DATED 04.11.2024
Exhibit P-8 TRUE COPY OF THE G.O.
(RT).NO.4099/2024/GEDN DATED 28.06.2024
Exhibit P-9 TRUE COPY OF THE G.O.
(RT).NO.7309/2023/GEDN DATED 20.11.2023
Exhibit P-10 TRUE COPY OF THE G.O.
(RT).NO.7822/2022/GEDN DATED 09.12.2022
Exhibit P-11 TRUE COPY OF THE G.O.
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(RT).NO.971/2020/GEDN DATED 26.02.2020
Exhibit P-12 TRUE COPY OF THE G.O.
(RT).NO.248/2020/GEDN DATED 15.01.2020
Exhibit P-13 TRUE COPY OF THE G.O.
(RT).NO.4503/2019/GEDN DATED 29.10.2019
Exhibit P-14 TRUE COPY OF THE JUDGMENT IN W.P.
(C).NO.36117/2024 DATED 16.10.2024
Exhibit P-15 TRUE COPY OF THE LETTER OF THE DISTRICT
EDUCATIONAL OFFICER, OTTAPPALAM VIDE
NO.DEOOTP/1203/2024-B2 DATED 11.12.2024
Exhibit P-16 TRUE COPY OF THE REPRESENTATION
SUBMITTED BEFORE THE GOVERNMENT DATED
08.01.2025.
