Kerala High Court
Vasudevan E.N vs The State Of Kerala on 10 March, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:20171
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
MONDAY, THE 10TH DAY OF MARCH 2025 / 19TH PHALGUNA, 1946
WP(C) NO. 9319 OF 2025
PETITIONER\:
VASUDEVAN E.N
AGED 40 YEARS
S/O E. M. NARAYANAN NAMBUDIRI,
LAB ASSISTANT, SREEKRISHNA HSS,
ANANDAPURAM, THRISSUR DISTRICT
(RESIDING AT EDATHODI MANA, KADAMBUR P.O.,
OTTAPPALAM, PALAKKAD DISTRICT),
PIN - 680305
BY ADVS.
V.A.MUHAMMED
M.SAJJAD
P.A.JENZIA
B.BISMI
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,
(HIGHER SECONDARY EDUCATION WING), NEW
BUILDING, ULLOOR LANE,
JAGATHY, THIRUVANANTHAPURAM,
PIN - 695014
2025:KER:20171
WP(C) NO.9319 of 2025
2
3 THE REGIONAL DEPUTY DIRECTOR OF HIGHER
SECONDARY EDUCATION,
SRV BUILDING, ERNAKULAM DISTRICT,
PIN - 682011
4 THE MANAGER
SREEKRISHNA HSS, ANANDAPURAM,
THRISSUR DISTRICT, PIN - 680305
5 THE PRINCIPAL,
SREEKRISHNA HSS, ANANDAPURAM, THRISSUR
DISTRICT, PIN - 680305
SMT. ANIMA M.,GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 10.03.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2025:KER:20171
WP(C) NO.9319 of 2025
3
JUDGMENT
Dated this the 10th day of March, 2025
The petitioner entered service in the School as Lab
Assistant from 01.03.2013. Being qualified, he was granted
by-transfer appointment as HSST(Junior) (Economics) from
04.03.2024. Approval to Ext.P1 was declined by the 3rd
respondent stating that sanctioned number of posts in the
category of HSST (Junior) is five and there is already one
HSST (Junior) under by-transfer appointment and therefore
the by- transfer appointment granted to the petitioner exceeds
25 % quota.
2. Sanctioned strength of the HSST (Junior) in the
School is 5. 25% quota for by-transfer appointment would
exhaust within 4 posts in total. There is already one by-
transfer appointee in the cadre of HSST (Junior). In view of
2025:KER:20171
WP(C) NO.9319 of 2025
Ext.P3 circular dated 18.07.2013, by-transfer appointment of
the petitioner is perfectly justified and within quota. Going by
Ext.P4 also, the appointment of the petitioner is within the
permissible limit of by-transfer appointment quota. In Ext.P4,
Government have specifically stated that that vacancy arose
due to the movement of another by-transfer appointee, should
be filled up under by transfer method itself. Cumulative effect
of Exts.P3 and P4 is that the appointment of the petitioner
covered by Ext.P1 is liable to be approved and Ext.P2 is
illegal, contends the petitioner.
3. Ext.P2 is highly arbitrary and illegal. It was issued
in violation of principles natural justice. The same was issued
without any regard to Exts.P3 and P4. The petitioner filed
Ext.P5 Revision Petition before the Government against
Ext.P2, which is pending consideration, contends the
petitioner.
2025:KER:20171
WP(C) NO.9319 of 2025
4. I have heard the learned counsel for the petitioner
and the learned Government Pleader representing
respondents 1 to 3.
5. The petitioner would submit that the vacancy in the
cadre of HSST (Junior) Economics arose when
Smt. Geetha D.S., HSST (Junior) Economics retired on
31.05.2023, who was a by-transfer appointee. Ext.P4
specifically stated that vacancy arose due to the movement of
another by-transfer appointee, should be filled up under by-
transfer method itself. According to the petitioner, the
cumulative effect of Exts.P3 and P4 is that appointment of the
petitioner is liable to be approved.
6. Raising the grievance, the petitioner has already
filed Ext.P5 Revision Petition before the 1st respondent, which
is pending. In the circumstances, it would be only just and
proper that the 1st respondent considers the grievance of the
2025:KER:20171
WP(C) NO.9319 of 2025
petitioner in the Revision Petition.
The writ petition is accordingly disposed of directing the
1st respondent to consider Ext.P5 Revision Petition and pass
appropriate orders thereon within a period of four months,
after giving opportunity of hearing to the petitioner and other
affected parties, if any. Pending decision in the Revision
Petition, the petitioner shall be paid salary in the lower pay
scale.
Sd/-
N.NAGARESH
JUDGE
hmh
2025:KER:20171
WP(C) NO.9319 of 2025
APPENDIX OF WP(C) 9319/2025
PETITIONER'S EXHIBITS
Exhibit P-1 TRUE COPY OF THE APPOINTMENT ORDER OF
THE PETITIONER DATED 04.03.2024
Exhibit P-2 TRUE COPY OF THE ORDER OF THE RDD HSE,
ERNAKULAM VIDE NO.
RDDHSE/EKM/4287/2024-A3 DATED
27.02.2025
Exhibit P-3 TRUE COPY OF THE CIRCULAR NO.
ACDC1/9000/2013/HSE DATED 18.07.2013
OF THE DIRECTOR OF GENERAL EDUCATION
Exhibit P-4 TRUE COPY OF THE G.O(RT) NO.
23/2024/G.EDN. DATED 04.11.2024
Exhibit P-5 TRUE COPY OF THE REVISION PETITION
SUBMITTED BY THE PETITIONER BEFORE THE
GOVERNMENT DATED 03.03.2025 (WITHOUT
EXHIBITS)
Exhibit P-6 TRUE COPY OF THE CIRCULAR NO.
23323/J1/89/G.EDN DATED 06.11.1989
Exhibit P-7 TRUE COPY OF G.O(RT) NO.
1332/2020/G.EDN DATED 17.03.2020
Exhibit P-8 TRUE COPY OF THE JUDGMENT IN W.P.(C)
NO. 20953/2021 DATED 04.10.2021
Exhibit P-9 TRUE COPY OF THE JUDGMENT IN W.P.(C)
NO. 32084/2017 DATED 09.10.2017
Exhibit P-10 TRUE COPY OF THE JUDGMENT IN W.P.(C)
NO. 33755/2016 DATED 07.12.2016
