Kerala High Court
Hemalatha Thampatty E.K vs The State Of Kerala on 10 August, 2022
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
WEDNESDAY, THE 10TH DAY OF AUGUST 2022 / 19TH SRAVANA, 1944
WP(C) NO. 15582 OF 2022
PETITIONER/S:
HEMALATHA THAMPATTY E.K.,
AGED 53 YEARS
D/O. LATE BHASKARAN THAMBAN,
WORKING AS PRINCIPAL AT K.R. HIGHER SECONDARY SCHOOL,
PURAMERI, KOZHIKODE DISTRICT 673 503,
RESIDING AT PRANAVAM HOUSE, PURAMERI,
VADAKARA, KOZHIKODE DISTRICT 673 503.
BY ADVS.
ANOOP.V.NAIR
RAMESH CHAND
DEVI P.
A.K.ANANDA KRISHNAN
RESPONDENT/S:
1 THE STATE OF KERALA
REPRESENTED BY THE SECRETARY
GENERAL EDUCATION DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM 695 001.
2 THE DIRECTOR OF GENERAL EDUCATION,
OFFICE OF THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THIRUVANANTHAPURAM 695 001.
3 THE DEPUTY DIRECTOR OF EDUCATION,
OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION,
EDUCATION DEPARTMENT,
KOZHIKODE DISTRICT 670307.
4 THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY
EDUCATION,
OFFICE OF THE RDD, KOZHIKODE DISTRICT 673 020.
5 THE MANAGER,
KADATHANADU RAJAS HSS, PURAMERI,
KOZHIKODE DISTRICT 673 503.
WP(C) NO. 15582 OF 2022
2
6 RAJEEVAN K.,
WORKING AS HSST (SENIOR), HISTORY,
KADATHANADU RAJAS H.S.S.
PURAMERI 673 503.
BY ADVS.
R.K.MURALEEDHARAN
C.P.PEETHAMBARAN
BEETHA VELAYUDHAN
SRI. PREMCHAND R. NAIR, SR. G.P.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 10.08.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 15582 OF 2022
3
JUDGMENT
This writ petition is filed seeking the following reliefs:
(i) to issue a writ of certiorari or such other appropriate writ, order or direction calling for the records leading to Exhibits P3, P5 and P6 and quash Exhibits P3, P5 and P6 orders to the extent it fix seniority to the 6th respondent above the petitioner in the post of Principal and which does not grant regular approval to the appointment of the petitioner as Principal from 01.06.2020;
(ii) to issue a writ of mandamus or order or direction to the 4th and 5th respondents to grant the petitioner with regular approval for her appointment as Principal w.e.f. 01.06.2020 with consequential service and monetary benefits and to direct the respondents 4 and 5 to refix the seniority of the petitioner in Exhibits P3, P5 and P6 above the 6th respondent, by reassigning the seniority;
(iii) to declare that the petitioner is entitled to obtain regular approval as Principal with all consequential monetary benefits from the date of initial actual appointment (01.06.2020) and not w.e.f. 14.06.2020 and also declare that Exhibits P3, P5 and P6 are illegal and the petitioner is senior most than 6th respondent.
2. The petitioner contends that she is currently working as the Principal-in-Charge of the K.R. Higher Secondary School, Purameri. The grievance raised in this writ petition concerns the non-approval of her post as Principal for the period from 01.06.2020 till 11.04.2022. She is also aggrieved by the fixation of seniority by the 5th respondent, which has resulted in an order passed by the 4th respondent, as per which the WP(C) NO. 15582 OF 2022 4 seniority of the 6th respondent has been fixed over and above the petitioner. According to the petitioner, the fixation of seniority is against the statutory provisions.
3. Sri. Anoop V Nair, the learned counsel appearing for the petitioner, submitted that the petitioner has preferred Ext.P7 appeal before the 2nd respondent seeking regularisation of the upgradation of post from 01.06.2020. The learned counsel submitted that directions be issued to the 2nd respondent to expeditiously consider the appeal and take a decision.
4. Sri.C.P.Peethambaran, the learned counsel appearing for the 6th respondent, submitted that the 6th respondent is the senior most HSST and he attained the eligibility to be promoted as Principal of the School in the retirement vacancy of Smt. Prabha K, who retired on 31.05.2020. In the said circumstances, he has preferred a representation before the 4th respondent, the RDD, and later approached this Court and filed W.P.(C.) 16298 of 2022 seeking directions. This Court, by judgment dated 14.06.2022, has issued directions to the 4th respondent to hear the petitioner therein and the Manager and to take a decision.
5. The learned Government Pleader, on instructions, submitted that it would be ideal for the 2nd respondent to consider Ext.P7 appeal filed by the petitioner herein after hearing all sides, including the WP(C) NO. 15582 OF 2022 5 respondents 5 and 6. The 4th respondent can thereafter take up the representation filed by the 6th respondent and take an appropriate decision.
6. I am of the view that the course suggested by the learned Government Pleader would advance the interest of justice.
7. Having regard to the facts and circumstances and the submission made across the Bar, this writ petition is disposed of by issuing teh following directions
a) There will be a direction to the 2nd respondent to consider Exhibit P7 appeal filed by the petitioner and pass appropriate orders after affording an opportunity of being heard to the petitioner and the respondents 5 and 6.
b) While taking a decision, the 2nd respondent shall advert to the contentions raised by the petitioner with regard to the initial as well as revised staff fixation orders.
c) Until orders are passed by the 2nd respondent in Exhibit P7 appeal, the fourth respondent shall keep in abeyance the consideration of the representation submitted by the 6th respondent as ordered by this Court in the judgment dated 14.6.2022 in W.P.(C.) 16298 of 2022.
WP(C) NO. 15582 OF 2022 6
d) In tune with the findings of the 2nd respondent in the appeal, the RDD shall later take up Exhibit P8 in W.P.(C.) No. 16298/2022, and pass appropriate orders Sd/-
RAJA VIJAYARAGHAVAN V JUDGE avs WP(C) NO. 15582 OF 2022 7 APPENDIX OF WP(C) 15582/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER DATED 15.06.2020 ISSUED TO THE PETITIONER BY THE 5TH RESPONDENT.
Exhibit P2 TRUE COPY OF THE PROCEEDINGS ISSUED BY THE 4TH RESPONDENT ON 12.08.2020 APPROVING THE PETITIONER AS THE PRINCIPAL- IN- CHARGE. Exhibit P3 TRUE COPY OF THE ORDER NO. 4/2022 DATED 02.04.2022, ISSUED BY THE 5TH RESPONDENT GIVING APPROVAL TO THE SENIORITY OF 6TH RESPONDENT AND THE LIST MADE AFTER REASSIGNING THE SENIORITY LIST.
Exhibit P4 TRUE COPY OF THE STAFF LIST OF K.R.H.S.S. PURAMERI FOR THE YEAR 2018-2019 Exhibit P5 TRUE COPY OF THE ORDER NO. 5/2022, DATED 12.04.2022 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER.
Exhibit P6 TRUE COPY OF THE PROCEEDINGS ISSUED BY THE 4TH RESPONDENT ON 17.03.2021 APPROVING THE PETITIONER AS THE IN - CHARGE OF THE HSST AND APPROVING THE 6TH RESPONDENT TO THE POST OF PRINCIPAL.
Exhibit P7 TRUE COPY OF THE APPEAL DATED 20.04.2022 SUBMITTED TO THE 2ND RESPONDENT BY THE PETITIONER.