Kerala High Court
C.T.Maggy vs State Of Kerala on 15 January, 2025
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W.P.(C) No.2489 of 2019
2025:KER:2737
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
WEDNESDAY, THE 15TH DAY OF JANUARY 2025 / 25TH POUSHA, 1946
WP(C) NO. 2489 OF 2019
PETITIONER:
C.T.MAGGY
AGED 56 YEARS, WIFE OF K.K.THOMAS,
FORMER HIGHER SECONDARY SCHOOL TEACHER (MATHS)
VRAMM HIGHER SECONDARY SCHOOL, THAIKKAD
GURUVAYUR-680104, THRISSUR DISTRICT
(RESIDING AT KOOTHUR HOUSE,
BRAHMAKULAM-680104, THRISSUR DISTRICT).
BY ADVS.
K.A.MANZOOR ALI
SMT.P.A.JENZIA
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT
GENERAL EDUCATION DEPARTMENT, SECRETARIAT
ANNEX II, THIRUVANANTHAPURAM-695001.
2 THE DIRECTOR OF HIGHER SECONDARY EDUCATION
HOUSING BOARD BUILDINGS, SANTHI NAGAR,
THIRUVANANTHAPURAM-695001.
3 THE REGIONAL DEPUTY DIRECTOR OF
HIGHER SECONDARY EDUCATION ERNAKULAM
AT EDAPPALLY-682024.
4 THE DISTRICT EDUCATIONAL OFFICER
CHAVAKKAD, THRISSUR DISTRICT-680506.
5 THE PRINCIPAL - IN -CHARGE
V R A M M HIGHER SECONDARY SCHOOL, THAIKKAD,
GURUVAYUR-680104, THRISSUR DISTRICT.
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W.P.(C) No.2489 of 2019
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6 THE HEADMASTER
V R A M M HIGHER SECONDARY SCHOOL, THAIKKAD,
GURYVAYUR-680104, THRISSUR DISTRICT.
7 THE MANAGER
V R A M M HIGHER SECONDARY SCHOOL,
THAIKKAD GURUVAYUR-680104,
THRISSUR DISTRICT.
BY ADV.
SRI.E.G.GORDEN, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 15.01.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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W.P.(C) No.2489 of 2019
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HARISANKAR V. MENON, J.
------------------------------
W.P.(C) No.2489 of 2019
------------------------------
Dated this the 15th day of January, 2025
JUDGMENT
The petitioner was appointed as High School Assistant
(Mathematics) on 01.08.1985 in the school managed by the 7th
respondent herein. She was appointed in the higher secondary
wing pursuant to her own request in the year 2016. But her afore
appointment was not approved by the Education Department. She
was before this Court on account of the afore by filing W.P.(C)
No.15226 of 2017 and pursuant to the orders issued by this Court,
the appointment stood approved. Later, the petitioner took up the
contention that she was entitled to have been appointed to the
post of Principal, by virtue of the findings contained in Ext.P5 order
dated 13.09.2017, read along with the provisions of Chapter XXXII
of KER - Rules 4 and 6, since there was no qualified person to
have been appointed to the post of Principal. Since the afore
prayer was not accepted, the petitioner is before this Court,
seeking the following relief;
"(i) "issue a writ of mandamus or other appropriate writ
order or direction commanding the Respondents to grant
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appointment and approval to the Petitioner as Principal
from 01.06.2016 and disburse the attendant benefits."
2. I have heard the learned counsel for the petitioner and
the learned Senior Government Pleader.
3. I notice that the learned counsel is justified in
contending that the petitioner ought to have been appointed to
the post of Principal since there was no qualified hand to be
appointed to the said post, on account of which, the provisions of
Rule 6 of Chapter XXXII of KER come into operation. This Court
also notices the findings contained in Ext.P5 order, wherein the
petitioner's entitlement for such appointment stood accepted.
4. However, I notice that the petitioner may not be
entitled for the afore benefits on account of two reasons. Firstly,
the petitioner was before this Court on an earlier round of litigation
as noticed above, wherein the petitioner had only sought for the
approval of her appointment as rightly pointed out by the learned
Senior Government Pleader. The petitioner could have made a
prayer for the appointment to the post of Principal, since there
was already a vacancy to the afore post at that point of time itself.
Furthermore, Ext.P5, relied on by the petitioner, was issued as
early as on 13.09.2017. The petitioner has already retired from
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the service in the year 2018. The petitioner has chosen to come
before this Court through the captioned writ petition only during
January, 2019.
5. In such circumstances, I am of the opinion that, on
account of the application of the principles of constructive res
judicata as well as delay and laches, the petitioner may not be
entitled for the afore benefits. Though the learned counsel relied
on the judgment of the Apex Court in Ram Autar Singh Yadav
v. State of Uttar Pradesh [2024 KHC 8580], I am of the
opinion that the principles laid down therein may not strictly apply
to the facts and circumstances of the case at hand, insofar as mere
delay and laches alone are not the reasons for denying the benefits
to the petitioner herein.
Resultantly, I am of the opinion that the petitioner may not
be entitled for the benefits prayed for in this writ petition, and the
same would stand dismissed.
Sd/-
HARISANKAR V. MENON
JUDGE
anm
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APPENDIX OF WP(C) 2489/2019
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE COPY OF THE G.O.(RT) NO.1994/2018/
GEDN DATED 29/05/2018 OF THE GOVERNMENT.
EXHIBIT P2 TRUE COPY OF THE G.O(MS)NO.128/10/
G.EDN.DATED 20/07/2010 OF THE GOVERNMENT.
EXHIBIT P3 TRUE COPY OF THE ORDER
NO.B2/17621/RDD/HSE/EKM/2011 DATED
28.1.2012 OF THE REGIONAL DEPUTY DIRECTOR
OF HIGHER SECONDARY EDUCATION.
EXHIBIT P4 TRUE COPY OF THE ORDER NO.A5/5518/RDD/
HSE/EKM/2018 DATED 24/09/2018 OF THE
REGIONAL DEPUTY DIRECTOR OF HIGHER
SECONDARY EDUCATION.
EXHIBIT P5 TRUE COPY OF THE ORDER NO.1 ACD.A2/50715/
2016/HSE DATED 13/09/2017 OF THE
DIRECTOR.
RESPONDENTS' EXHIBITS
EXHIBIT R3(a) TRUE COPY OF THE ORDR NO.A5/5518/RDD/
EKM/2016 DATED 04.04.2017.
EXHIBIT R3(b) TRUE COPY OF LETTER DATED 16.01.2016 OF
THE PETITIONER
EXHIBIT R3(c) TRUE COPY OF ORDER NO.ACD A2/50715/2016
/HSE DATED 13.09.2017
EXHIBIT R3(d) TRUE COPY OF ORDER NO.B4/11825/HSE/
RDD/2012 DATED 13.07.2012
EXHIBIT R3(e) TRUE COPY OF ORDER NO.B4/20678/2013 DATED
29.11.2013
EXHIBIT R3(f) TRUE COPY OF ORDER NO.ACD
A2/40866/2016/HSE DATED 08.11.2016
EXHIBIT R3(g) TRUE COPY OF ORDER IN G.O.(RT.)
NO.1994/2018/GEDN DATED 29.05.2018
EXHIBIT R3(h) TRUE COPY OF APPOINTMENT ORDER
NO.A5/5518/RDD/HSE/EKM/2016 DATED
24.09.2018.
