Kerala High Court
Lisa Elizabeth Mathew vs State Of Kerala on 15 September, 2020
Author: Anu Sivaraman
Bench: Anu Sivaraman
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
TUESDAY, THE 15TH DAY OF SEPTEMBER 2020 / 24TH BHADRA, 1942
WP(C).No.12668 OF 2020(G)
PETITIONER:
LISA ELIZABETH MATHEW,
AGED 42 YEARS
W/O. FR. SUNIL CHACKO, HSST(CHEMISTRY),
MTHSS VALAKOM, KOTTARAKKARA, KOLLAM-691532, RESIDING
AT CHARUVILA PUTHEN VEEDU, KAMBANKOD, VAYAKKAL,
VALAKOM, KOLLAM.
BY ADVS.
SRI.ELVIN PETER P.J.
SRI.K.R.GANESH
SMT.N.R.REESHA
SMT.T.S.LIKHITHA
RESPONDENTS:
1 STATE OF KERALA -
REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL
EDUCATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 THE DIRECTOR OF HIGHER SECONDARY EDUCATION
HOUSING BOARD BUILDING, SANTHI NAGAR,
THIRUVANANTHAPURAM-695001.
3 THE REGIONAL DEPUTY DIRECTOR,
HIGHER SECONDARY EDUCATION, 4TH FLOOR, CORPORATION
BUILDING, PALAYAM, THIRUVANANTHAPURAM-695033.
4 THE REGIONAL DEPUTY DIRECTOR
HIGHER SECONDARY EDUCATION, ERNAKULAM.
5 THE CORPORATE MANAGER
THE MAR THOMA AND E.A SCHOOLS CORPORATE MANAGEMENT,
SCS CAMPUS, THIRUVALLA,
PATHANAMTHITTA DISTRICT-689101.
6 LEENA MERRY VARUGHESE
HSST (CHEMISTRY), ASRAM HIGHER SECONDARY SCHOOL,
PERUMBAVOOR, ERNAKULAM-683542.
R6 BY ADV. SRI.V.A.MUHAMMED
WP(C).No.12668 OF 2020(G)
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R6 BY ADV. SRI.M.V.RAJENDRAN NAIR
SR GP P.M. MANOJ KUMAR
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
15.09.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.12668 OF 2020(G)
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JUDGMENT
Dated this the 15th day of September 2020 This writ petition is filed seeking the following reliefs:
"i) Issue a writ of mandamus or any other writ, direction or order, directing the 3 rd respondent to forthwith approve the appointment/promotion of the petitioner as HSST Chemistry on the basis of Exts.P5 & P6 orders with effect from 06/07/2018 and grand all consequential benefits including arrears of salary, fixation of pay etc;
ii) Declare that the action of the 3 rd respondent in not approving the appointment/promotion of the petitioner as HSST Chemistry on the basis of Exts.P5 & P6 orders of promotion on the ground of irregularity in the Statement of Relinquishment submitted by the 6 th respondent as per Ext.P4 is absolutely illegal, discriminatory, arbitrary and violative of Article 14 & 16 of the Constitution of India."
2. Heard the learned counsel for the petitioner, the learned Government Pleader appearing for respondents 1 to 4, the learned counsel appearing for 5th respondent as well as the learned counsel for the 6th respondent.
3. It is submitted by the learned counsel for the petitioner that the 6th respondent is Senior to the petitioner in the post of HSST Junior in Chemistry. It is submitted that when a post of HSST in Chemistry arose under the management, the 6 th respondent had been WP(C).No.12668 OF 2020(G) 4 appointed by the 5th respondent-Corporate Manager. The 6th respondent relinquished her promotion temporarily and the petitioner, who was her immediate Junior had been appointed as HSST Chemistry in the regular vacancy by Ext.P6. It is submitted that the approval to the petitioner's appointment has been rejected by Ext.P9 proceedings and the Manager had been directed to produce the relinquishment of the 6th respondent recorded in her service book and countersigned by the 3rd respondent for considering the claim for approval of appointment of the petitioner.
4. The 6th respondent has placed a counter affidavit on record. It is submitted that the 6th respondent has relinquished her appointment as HSST Chemistry by transfer which was offered to her by Ext.P4 letter. It is submitted that the 6 th respondent has no objection to the appointment by Exts.P5 and P6 of the petitioner, by transfer as HSST Chemistry as she had relinquished her claim for the appointment offered to her by Ext.P3. It is further stated that the 6 th respondent had been subsequently promoted as HSST Chemistry by Ext.P7 order when a post became available in the Asram HSS Perumbavoor, where she was working. It is submitted that the 3 rd WP(C).No.12668 OF 2020(G) 5 respondent had directed a refund of the pay revision benefits drawn by the 6th respondent on the ground that she had relinquished her regular promotion and that the issue is pending consideration before the Government as directed by this Court by judgment in WP(C) No.13819 of 2020. It is therefore submitted that leaving open the contentions of the 6th respondent with regard to the pay revision benefits, the 6th respondent has no objection to the claim of the petitioner for approval on the basis of Ext.P6 being allowed.
5. Having heard the learned Government Pleader as well as the learned counsel appearing for the Corporate Management as well, I am of the opinion that since the issue surviving between the 6 th respondent and the 3rd respondent is with regard to the claim of the 6th respondent for pay revision benefits, that would in no way affect the claim of the petitioner for approval of the appointment granted to her by Ext.P6.
6. In the above view of the matter, I am of the opinion that in view of the contention raised by the 6 th respondent that she has no claim to the appointment as HSST in the vacancy to which the petitioner was appointed, the approval for the petitioner's WP(C).No.12668 OF 2020(G) 6 appointment need not await the resolution of the dispute between the 6th respondent and the 3rd respondent with regard to the pay revision benefits.
In the above view of the matter, there will be a direction to the 3rd respondent to approve the appointment of the petitioner by Ext.P6, within a period of one month from the date of receipt of a copy of this judgment.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN JUDGE SVP WP(C).No.12668 OF 2020(G) 7 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE PROCEEDINGS NO.
ACD.A1/16055/HSE/2001 DATED 12.08.2003 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE SENIORITY LIST OF HIGHER SECONDARY SCHOOL TEACHERS W.E.F. 06.07.2018.
EXHIBIT P3 TRUE COPY OF THE MEMO NO.A/493/18-19 DATED 02.07.2018 ISSUED BYT HE 5TH RESPONDENT PROMOTING THE 6TH RESPONDENT AS HSST CHEMISTRY.
EXHIBIT P4 TRUE COPY OF THE STATEMENT OF RELINQUISHMENT GIVEN BY THE 6TH RESPONDENT DATED 02.07.2018.
EXHIBIT P5 TRUE COPY OF THE MEMO NO.A/494/18-19 DATED 02.07.2018 ISSUED BY THE 5TH RESPONDENT PROMOTING THE PETITIONER AS HSST CHEMISTRY.
EXHIBIT P6 TRUE COPY OF THE APPOINTMENT ORDER/PROMOTION ISSUED TO THE PETITIONER DATED 06.07.2018 AS HSST CHEMISTRY.
EXHIBIT P7 TRUE COPY OF THE MEMO NO.A/507/2019-20 ISSUED BY THE 5TH RESPONDENT MANAGER PROMOTING THE 6TH RESPONDENT HSST CHEMISTRY.
EXHIBIT P8 TRUE COPY OF THE LETTER NO.1040/2019- 2020 DATED 04.10.2019 SENT BY THE 5TH RESPONDENT MANAGER TO THE 3RD RESPONDENT.
EXHIBIT P9 TRUE COPY OF THE LETTER NO. TRO-
10/5377/2019/HSE DATED 03.12.2019 ISSUED BY THE 3RD RESPONDENT.