Kerala High Court
Sruthy R.B vs The State Of Kerala on 23 July, 2013
Author: K. Vinod Chandran
Bench: K.Vinod Chandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:-
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
TUESDAY, THE 9TH DAY OF FEBRUARY 2016/20TH MAGHA, 1937
W.P.(C).No.34638 of 2015 (D)
--------------------------------------------------
PETITIONER(S):-
------------------------
SRUTHY R.B., AGED 29 YEARS,
HIGHER SECONDARY SCHOOL TEACHER (ENGLISH),
SHREE VASUDEVA ASHRAM HIGHER SECONDARY SCHOOL ,
ARJUN HILL, NADAVATHURP.O., KOYILANDY, KOZHIKODE DISTRICT
BY ADVS.SMT.M.R.SREELATHA
SRI.ARUN MATHEW VADAKKAN.
RESPONDENT(S):-
----------------------------
1. THE STATE OF KERALA,
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
DEPARTMENT OF HIGHER SECONDARY EDUCATION,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695001.
2. THE DIRECTOR,
DIRECTORATE OF HIGHER SECONDARY EDUCATION,
SECRETARIAT, THIRUVANANTHAPURAM - 695001.
3. THE REGIONAL DEPUTY DIRECTOR,
HIGHER SECONDARY EDUCATION, PARAPPIL PO,
KOZHIKODE DISTRICT, PIN - 673001.
4. THE MANAGER,
SHREE VASUDEVA ASHRAM HIGHER SECONDARY SCHOOL,
ARJUN HILL, NADAVATHURPO, KOYILANDY,
KOZHIKODE DISTRICT, PIN - 673330
5. K.R.DINESH, S/O.LATE KUNJARAMA KURUPPU,
CLUSTER RESOURCE CENTRE CO ORDINATOR,
BLOCK RESOURCE CENTRE (SSA), MEPPADY PO,
KOZHIKODE, PIN - 673577.
R1 TO R3 BY SENIOR GOVERNMENT PLEADER SMT.M.J.RAJASREE.
R5 BY ADV. SRI.JESWIN P.VARGHESE
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
09-02-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).No.34638 of 2015 (D)
----------------------------------------
APPENDIX
PETITIONER(S)' EXHIBITS
-------------------------------------
EXT.P1: A TRUE COPY OF THE GO.(MS) 217/2013/G.EDN
DATED 23.07.2013.
EXT.P2: A TRUE COPY OF THE GO(MS) NO.167/11/G.EDN
DATED 03.08.2011 AND LIST OF SCHOOLS IN
KOZHIKODE DISTRICT.
EXT.P3: A TRUE COPY OF THE GO(MS) NO.211/2013/G.EDN
DATED 15.07.2013 ALONG WITH RELEVANT PAGES OF
ANNEXURES.
EXT.P4: A TRUE COPY OF THE APPOINTMENT ORDER DATED 21.10.2013
ISSUED BY THE FOURTH RESPONDENT.
EXT.P5: A TRUE COPY OF THE PROPOSAL SENT BY THE
2ND RESPONDENT TO THE 1ST RESPONDENT
DATED 23.10.2013.
EXT.P6: A TRUE COPY OF THE GO(MS) NO.23/2015/G.EDN
DATED 23.01.2015.
EXT.P7: TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE
4TH RESPONDENT TO THE 2ND RESPONDENT.
EXT.P8: A TRUE COPY OF THE ORDER NO.A5/739/2014/ K.DIS
DATED 18.09.2015 ISSUED BY THE 3RD RESPONDENT.
EXT.P9: TRUE COPY OF THE JUDGMENT IN WPC.NO.2315/2014
DATED 03.08.2015.
EXT.P10: TRUE COPY OF THE REVIEW PETITION DATED 17.10.2015
SUBMITTED BY THE PETITIONER TO 1ST RESPONDENT.
RESPONDENT(S)' EXHIBITS:-
-----------------------------------------
EXT.R5(a) TRUE COPY OF THE PROPOSAL SUBMITTED BY THE 4TH
RESPONDENT BEFORE THE REGIONAL DEPUTY DIRECTOR,]
HIGHER SECONDARY EDUCATION, KOZHIKODE DT.30.01.2015.
EXT.R5(b) TRUE COPY OF ORDER NO.A5/890/2015/K.DIS. PASSED BY THE
REGIONAL DEPUTY DIRECTOR, HIGHER SECONDARY
EDUCATION, KOZHIKODE DATED 07.10.2015.
W.P.(C).No.34638 of 2015 (D) - 2 -
EXT.R5(c) TRUE COPY OF THE LETTER SUBMITTED BY HEADMISTRESS,
SREE VASUDEVA ASHRAM HIGHER SECONDARY SCHOOL,
NADUVATHURBEFORE THE DEPUTY DIRECTOR, HIGHER
SECONDARY EDUCATION, KOZHIKODE DATED 31.03.2015.
EXT.R5(d) TRUE COPY OF CERTIFICATE OF JOINING ISSUED BY
HEADMISTRESS, SREE VASUDEVAASHRAM HIGHER
SECONDARY SCHOOL, NADUVATHUR DT.06.07.2015.
EXT.R5(e) TRUE COPY OF ORDER NO.A5/739/2014/K.DIS.
PASSED BY THE REGIONAL DEPUTY DIRECTOR, HIGHER
SECONDARY EDUCATION, KOZHIKODE DT.18.09.2015.
EXT.R5(f)1 TRUE COPY OF THE PROPOSAL SUBMITTED BY THE 4TH
RESPONDENT FOR THE APPOINTMENT OF SANTHI.N.P.
AS HSST (COMMERCE) DATED 15.10.2015.
EXT.R5(F)2 TRUE COPY OF THE PROPOSAL SUBMITTED BY THE 4TH
RESPONDENT FOR THE APPOINTMENT OF SILPA.C..
AS HSST (COMPUTER APPLICATIONS) DATED 15.10.2015.
EXT.R5(F)3 TRUE COPY OF THE PROPOSAL SUBMITTED BY THE 4TH
RESPONDENT FOR THE APPOINTMENT OF SOLAMAN BABY
AS HSST (ECONOMICS) DATED 15.10.2015.
vku/- [ true copy ]
K. Vinod Chandran, J
--------------------------------------
W.P.(C) No.34638 of 2015-D
--------------------------------------
Dated this the 09th day of February, 2016
JUDGMENT
The facts have been elaborately stated by the petitioner and the 5th respondent. However, an examination of the rival contentions in the writ petition would be premature, since, admittedly, there is a Revision Petition pending before the Government, as is indicated at Exhibit P10 filed by the petitioner herein.
2. The brief facts to be noticed is that, the petitioner was appointed by Exhibit P4 to the post of Higher Secondary School Teacher [for brevity "HSST"] on direct recruitment. The appointment was to a post created by Exhibit P6, for which recommendation was made as per Exhibit P5; on the basis of the sanction for additional course as per Exhibit P3. The entire contention is based on the creation of the post at Exhibit P5 dated 23.01.2015, which did not specify a specific date from which the post was sanctioned. The petitioner having been appointed with effect from 21.10.2013, claims continuance in the said post. WP(C) No.34638 of 2015 - 2 -
3. The 5th respondent contends that if Exhibit P6 creation is treated to be on the date of the order, then the post can be deemed to have been sanctioned only on 23.01.2015, on which date he is entitled to promotion on 1:3 ratio as prescribed under Chapter XXXII of the Kerala Education Rules, 1959 [for brevity "KER"].
4. Exhibit P6 is challenged by the Manager before the Government by Exhibit P7, since no date from which appointments are to be made effective is specified in Exhibit P6. In the meanwhile, the 5th respondent approached this Court and obtained a direction at Exhibit P9, pursuant to which Exhibit P8 order was passed directing appointment of the 5th respondent, in which post the petitioner is now continuing. The same was without notice to the petitioner also. The petitioner has filed a Revision Petition against Exhibit P8 as indicated above, by Exhibit P10.
5. In the above circumstances, Exhibits P7 and P10 shall be together considered by the Government and decided within a time limit. The petitioner, the Manager and the 5th respondent as also any other affected person shall be issued with WP(C) No.34638 of 2015 - 3 - notice for a hearing within a period of three weeks from the date of certified copy of this judgment and the matter finally decided within two months from the date of hearing. The interim order shall continue till the Government issues orders.
The writ petition is disposed of as above. No costs.
Sd/-
K.Vinod Chandran Judge.
vku/-
[ true copy ]