Kerala High Court
Jomon Joy vs State Of Kerala on 23 February, 2021
Author: Anu Sivaraman
Bench: Anu Sivaraman
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
TUESDAY, THE 23RD DAY OF FEBRUARY 2021 / 4TH PHALGUNA, 1942
WP(C).No.3311 OF 2021(L)
PETITIONER/S:
JOMON JOY
AGED 43 YEARS
ST.JOHNS SYRIAN HSS, VADAKARA, OLIYAPPURAM P.O.,
ERNAKULAM-686 662
BY ADVS.
SRI.M.A.FAYAZ
SMT.M.VISHNUPRIYA
SMT.C.B.ABHINAVA
RESPONDENT/S:
1 STATE OF KERALA
REP BY SECRETARY TO GOVERNMENT, SECRETARIAT,
THIRUVANANTHAPURAM-695 001
2 DIRECTOR OF GENERAL EDUCATION,
(HIGHER SECONDARY EDUCATION), HOUSING BOARD BUILDING,
THIRUVANANTHAPURAM-695 014
3 REGIONALDEPUTY DIRECTOR OF HIGHER SECONDARY
EDUCATION,
EDAPPALLY, ERNAKULAM-682 024
4 DISTRICT EDUCATIONAL OFFICER MOOVATTUPUZHA,
ERNAKULAM-686 661
5 DISTRICT EDUCATIONAL OFFICER MOOVATTUPUZHA,
MANAGER ST .JOHNS SYRIAN HSS VADAKARA, ERNAKULAM-686
662
OTHER PRESENT:
NISHA BOSE SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.3311 OF 2021(L)
2
JUDGMENT
This writ petition is filed seeking the following reliefs:-
"i)To issue a writ of mandamus directing the 5th respondent to issue orders promoting the petitioner as HSST (Political Science) w.e.f 01.06.2018 in his capacity as the Manager of St.Johns Syrian HSS Vadakara, forthwith.
ii)To issue a declaration that in the absence of qualified HSST(Jr) Political Science under the Management, and petitioner being the only qualified HST, is entitled to be promoted as HSST (Political Science) under the By Transfer Promotion Quota, in accordance with under Clause 2 of Rule 4 of Chapter XXXII KER.
iii)To issue a writ of mandamus directing the 4th and 5th respondent in his capacity as the Manager of St.John's Syrian HSS to issue orders promoting the petitioner as HSST (Political Science), by implementing Exhibit.P7 order of the 1st respondent in the light of Exhibit.P6 and P10 order of the 3rd respondent.
iv)To declare that since after the promotion of senior HST(SS) in the school as Principal of the TTI and in view of his relinquishment letter given by him vide Ext.P3 petitioner has become the sole candidate eligible to the promoted as HSST (Political Science) in the school.
v)To direct the respondents to sanction and disburse the difference of the salary, which petitioner ought to have received in the scale of HSST w.e.f 01.06.2018 onwards forthwith."
2. Heard the learned counsel for the petitioner and the learned Government Pleader.
3. It is submitted by the learned counsel for the petitioner that the petitioner is entitle for By Transfer appointment as HSST (Political Science) and the 5th respondent, who is functioning as the Manager of the school is WP(C).No.3311 OF 2021(L) 3 refusing to take steps for the said appointment on completely untenable reasons. It is submitted that though, there are no objections with regard to seniority and the only other senior claimant in Ext.P9 staff list has already been appointed as Principal in the Teachers Training Institute of the management and has submitted relinquishment for appointment as HSST. The petitioner is not being appointed by the respondents stating that the staff list is not approved. It is submitted that since the 4 th respondent is functioning as the Manager of the school, the said objections are without any merits, whatsoever. It is further submitted that Ext.P11 and P12 would show the appointments made by the earlier Manager have been approved by the 4th respondent without any demur.
4. The learned Government Pleader submits on instructions that the reason stated by the 4th respondent for not promoting the petitioner is that there is no approved seniority list available. It is further submitted that in the case of the earlier appointments made by the Manager, the approval has been granted on the basis of directions issued by this Court.
5. Having considered the contentions advanced and in view of the fact that it is not in dispute that Ext.P9 staff list has been forwarded by the Head Mistress and that no objections have been received thereto, I am of the opinion that the claim of the petitioner for appointment as HSST Political Science By Transfer has to be effected by the 4 th respondent, in accordance with law. In case there is any objection with regard to the approval of Ext.P9, it is for the 4 th respondent to finalize the said list and WP(C).No.3311 OF 2021(L) 4 effect appointments therefrom. In view of the fact that the only other qualified hand is the person noted as Serial No.1 in Ext.P9 who has already submitted as relinquishment, the petitioner's request is liable to be considered. Orders shall be passed on the request of the petitioner for appointment as HSST (Political Science) By Transfer by the 4 th respondent within a period of three weeks from the date of receipt of a copy of this judgment. Immediately, thereafter the same shall to be forwarded to the 3 rd respondent for approval. The 4th respondent shall considered the claim for approval within two weeks thereafter.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN JUDGE SJ WP(C).No.3311 OF 2021(L) 5 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 PHOTOCOPY OF THE APPOINTMENT ORDER ISSUED TO THE PETITIONER AS TEACHER EDUCATOR BY THE MANAGER DATED 10.1.2003, CONTAINING THE ENDORSEMENT OF THE APPROVAL BY THE 4TH RESPONDENT EXHIBIT P2 PHOTOCOPY OF PROCEEDINGS NO.A 128/2009-2010 DATED 5.08.2009 ISSUED BY THE MANAGER EXHIBIT P3 PHOTOCOPY OF THE RELINQUISHMENT LETTER ISSUED BY SRI.SHYJU.K.M DATED 8.02.2019 EXHIBIT P4 PHOTOCOPY OF THE LETTER NO.B4/4430/2018 L.DIS DATED 16.04.2019 ISSUED BY THE 4TH RESPONDENT EXHIBIT P5 PHOTOCOPY OF THE REVISION PETITION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 6.05.2019 EXHIBIT P6 PHOTOCOPYOF THE LETTER NO.B2/9218/RDD/HSE/EKM/19 DATED 03.10.2019 ISSUED BY THE EXHIBIT P7 PHOTOCOPY OF THE LETTER NO.214/T2/2019/G.EDN DATED 20.1.2020 ISSED BY THE 1ST RESPONDENT EXHIBIT P8 PHOTOCOPY OF THE LETTER NO.M3-89/2020-21 DATED 30.11.2020 ISSUED BY THE HEAD MISTRESS OF ST.JOHN'S SYRIAN HSS EXHIBIT P9 PHOTOCOPY OF THE ATTESTED COPY OF THE SENIORITY LIST OF TEACHING AND NONTEACHING STAFF AT ST.JOHN'S SYRIAN HSS EXHIBIT P10 PHOTOCOPY OF THE LETTER NO.B2/9218/RDD/HSE/EKM/19 DATED 16.06.2020 ISSUED BY THE 3RD RESPONDENT EXHIBIT P11 PHOTOCOPY OF THE APPOINTMENT ORDER OF SRI.
SIJU ALIAS AS FTM CONTAINING THE ENDORSEMENT OF APPROVAL OF APPOINTMENT BY THE 4TH RESPONDENT DATED 9.7.2018 WP(C).No.3311 OF 2021(L) 6 EXHIBIT P12 PHOTOCOPY OF THE PROMOTION ORDER OF SMT.
SALI T. JOHN AS THE OFFICE ATTENDANT CONTAINING ENDORSEMENT OF APPROVAL BY THE 4TH RESPONDENT DATED 7.7.2018