Kerala High Court
M.Satheedevi Aged 54 Years vs State Of Kerala on 20 May, 2013
Author: P.N.Ravindran
Bench: P.N.Ravindran
IN THE HIGH COURT OF KERALAAT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.N.RAVINDRAN
MONDAY, THE 16TH DAY OF JUNE 2014/26TH JYAISHTA, 1936
WP(C).No. 31158 of 2013 (T)
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PETITIONER:
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M.SATHEEDEVI AGED 54 YEARS
W/O.R.V.BALASANKARAN
HIGH SCHOOLASSISTANT (SOCIAL SCIENCE)
NARAYANAN NAIR MEMORIAL HIGHER SECONDARY SCHOOL
CHELEMBRA, PULLIPARAMBA P.O.,MALAPPURAM DISTRICT
PIN 673634.
BY ADVS.SRI.BABU JOSEPH KURUVATHAZHA
SRI.C.P.SIVADASAN NAIR
RESPONDENT:
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1. STATE OF KERALA
REPRESENTED BY ITS SECRETARYTO GOVERNMENT
DEPARTMENT OF GENERAL EDUCATION
GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-695001.
2. DISTRICT EDUCATIONAL OFFICER
OTTAPPALAM, PALAKKAD DISTRICT, PIN 679101.
3. MANAGER
NARAYANAN NAIR MEMORIAL HIGHER SECONDARY SCHOOL
CHELEMBRA, PULLIPARAMBA P.O.,MALAPPURAM DISTRICT
PIN 673634.
4. R.P.BINDHU
TEACHER IN-CHARGE OF HEADMISTRESS
NARAYANAN NAIR MEMORIAL HIGHER SECONDARY SCHOOL
CHELEMBRA, PULLIPARAMBA P.O.,MALAPPURAM DISTRICT
PIN 673634.
R3 BYADV.SRI.S.P.ARAVINDAKSHAN PILLAY
R3 BYADV.SMT.N.SANTHA
R3 BYADV.SRI.K.A.BALAN
R3 BYADV.SRI.PETER JOSE CHRISTO
R3 BYADV.SRI.S.A.ANAND
R4 BYADV.SRI.ALIAS M.CHERIAN
R1,R2 BY SR.GOVERNMENT PLEADER SRI.V.VIJULAL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16-06-2014
ALONG WITH W.P.(c) No.14844/2014, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No. 31158 of 2013 (T)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT-P1: TRUE PHOTO COPY OF THE RELEVANT PORTION OF THE SENIORITY LIST
OF N.N.M. HIGHER SECONDARY SCHOOL, CHELAMBRAAS ON 1.6.2012.
EXHIBIT-P2: TRUE COPY OF THE LETTER DATED 20.5.2013 SENT BY THE MANAGER OF
THE SCHOOL NAMELY K.V.SANKARA NARAYANAN TO THE PETITIONER.
EXHIBIT-P3: TRUE COPY OF THE LETTER DATED 23.5.2013 SENT TO THE 3RD
RESPONDENT.
EXHIBIT-P4: TRUE COPY OF THE LETTER DATED 11.6.2013 SENT TO THE 3RD
RESPONDENT.
EXHIBIT-P5: TRUE COPY OF THE LETTER DATED 19.6.2013 SENT TO THE 3RD
RESPONDENT.
EXHIBIT-P6: TRUE COPY OF THE MEDICAL CERTIFICATE DATED 1.6.2013 ISSUED BY
DR.K.ABDUL RAHMAN, MALABAR INSTITUTE OF MEDICAL SCIENCES
LTD., KOZHIKODE.
EXHIBIT-P7: TRUE COPY OF THE MEDICAL FINTNESS CERTIFICATE DATED 19.6.2013
ISSUED BY DR.K.ABDUL RAHMAN, MALABAR INSTITUTE OF MEDICAL
SCIENCES LTD., KOZHIKODE.
EXHIBIT-P8: TRUE COPY OF THE REPRESENTATION DATED 3.9.2013 SUBMITTED BY
THE PETITIONER BEFORE THE 2ND RESPONDENT.
EXHIBIT-P8(a): TRUE COPY OF THE REPRESENTATION DATED 18.10.2013
SUBMITTED BY THE PETITIONER BEFORE THE DEPUTY DIRECTOR OF
EDUCATION, MALAPPURAM.
EXHIBIT-P9: TRUE COPY OF THE REVISION PETITION DATED 4.11.2013 SUBMITTED BY
THE PETITIONER BEFORE THE 1ST RESPONDENT.
RESPONDENT(S)' EXHIBITS
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NIL
/TRUE COPY/
VPS PA TO JUDGE
P.N.RAVINDRAN, J.
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W.P.(C) Nos.31158 of 2013 &
14844 of 2014
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Dated this the 16th day of June, 2014
J U D G M E N T
The common petitioner in these writ petitions is working as HSA (Social Science) in the third respondent's school. The relief sought in W.P.(C) No.31158 of 2013 is for a writ in the nature of mandamus commanding the third respondent Manager to appoint the petitioner as Headmaster of the school with effect from 20.6.2013. The petitioner also prays for a writ in the nature of mandamus commanding the State of Kerala to dispose of Ext.P9 representation dated 4.11.2013 wherein she has requested the Government to issue appropriate orders directing the Manager of the school to appoint her as Headmaster of the school with effect from 20.6.2013.
2. Even before the petitioner staked her claim, the third respondent Manager appointed the fourth respondent (Smt.R.P.Bindhu) as Headmaster of the school by order dated 1.6.2013 and submitted a proposal before the District Educational Officer, Tirur seeking approval of the said appointment. The District Educational Officer, Tirur declined to approve the said appointment by order passed on 6.12.2013. Aggrieved thereby, the Manager filed an W.P.(C)Nos.31158/13 & 14844/14 2 appeal before the Deputy Director of Education, Malappuram. By order passed on 31.5.2014, the Deputy Director of Education approved the said appointment. The petitioner has aggrieved thereby filed Ext.P11 revision petition dated 9.6.014 before the State Government invoking the revisional jurisdiction of the State Government under rule 92 Chapter XIV (A) of the Kerala Education Rules. In W.P.(C) No.14844 of 2014, the petitioner challenges Ext.P10 order issued by the Deputy Director of Education, Malappuram approving the fourth respondent's appointment. She also seeks a writ in the nature of mandamus commanding the State of Kerala to dispose of Ext.P11 revision petition expeditiously.
3. From the pleadings and the materials on record, it is evident that as on today the appointment of the fourth respondent stands approved by the appellate order passed by the Deputy Director of Education, Malappuram. The petitioner has aggrieved thereby moved the Government in revision. Such being the situation, I am of the opinion that the petitioner should pursue the revision petition filed by her before the Government instead of seeking the intervention of this Court at this stage. The petitioner cannot prosecute two parallel remedies one before the Government and the other in this Court. This should have resulted in the writ petitions being dismissed, but having W.P.(C)Nos.31158/13 & 14844/14 3 regard to the request made by the learned counsel appearing for the petitioner that the writ petitions may be disposed of leaving open the contentions of both sides on the merits with a direction to the State Government to consider and pass orders on Ext.P11 revision petition, I refrain from doing so.
I accordingly dispose of these writ petitions with a direction to the State Government to consider and pass orders on Ext.P11 revision petition produced in W.P.(C) No.14844 of 2014 expeditiously and in any event within an outer limit of two months from the date on which the petitioner produces a certified copy of this judgment along with a copy of W.P.(C) No.14844 of 2014 complete in all aspects before the Secretary to Government, General Education Department. Needless to say, the Government shall before disposing of the revision petition issue notice to and afford the petitioner, the Manager of the school, the District Educational Officer, Tirur, the Deputy Director of Education, Malappuram and the fourth respondent in W.P.(C) No.14844 of 2014 an opportunity of being heard and shall after orders are passed, communicate copies thereof to all the parties. It will be open to the petitioner to move the Government for appropriate interim orders pending disposal of Ext.P11 revision petition and in the event of the petitioner moving the Government for interim relief, the Government W.P.(C)Nos.31158/13 & 14844/14 4 shall pass orders thereon on the day on which an application in that regard is filed. The contentions of both sides on the merits are kept open.
P.N.RAVINDRAN, (JUDGE) vps