Kerala High Court
Judith George vs State Of Kerala on 14 January, 2022
Author: Amit Rawal
Bench: Amit Rawal
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
FRIDAY, THE 14TH DAY OF JANUARY 2022 / 24TH POUSHA, 1943
WP(C) NO. 25010 OF 2021
PETITIONER/S:
JUDITH GEORGE
AGED 34 YEARS
D/O K.O.VARKEY,
NOW WORKING AS HSST (ENGLISH),
ST.GEORGE HIGHER SECONDARY SCHOOL, KALAYANTHANI,
THODUPUZHA,
IDUKKI DISTRICT.
BY ADV PAULSON THOMAS
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695001.
2 THD DIRECTOR OF GENERAL EDUCATION
HIGHER SECONDARY WING, GENERAL EDUCATION DEPARTMENT,
GOVERNMENT OF KERALA, JAGATHY, THIRUVANANTHAPURAM, PIN-
695005.
3 REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION
KOTTAYAM, PIN-686001.
4 CORPORATE MANAGER
CORPORATE EDUCATIONAL AGENCY, DIOCESE OF KOTHAMANGALAM,
PIN-686691.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 25010 OF 2021
2
JUDGMENT
Order dated 29.9.2021, Ext.P10 of Regional Deputy Director, Kottayam cancelling the approval of the petitioner as HSST (Jr.) and HSST without complying the principles of natural justice has been assailed in the present writ petition.
2. On 29.6.2017, petitioner was appointed as HSST (Jr.) English by way of direct recruitment as St.Sebastian's Higher Secondary School Vazhithala, an aided school under the management of Corporate Educational Agency, 4th respondent. The appointment was on the basis of a recommendation by a Selection Committee as contemplated in Chapter 32 of the KER. The said appointment was approved by the Government vide order dated 31.5.2018, Ext.P6. With effect from 1.1.2020, petitioner was promoted (appointment by transfer) as HSST (English) and posted at St. George Higher Secondary School, Kalayanthani. The said promotion was also approved vide order dated 13.11.2020, Ext.P9.
3. Learned counsel for the petitioner submitted that the Regional Deputy Director without calling the petitioner on the basis of some directions recalled the approval without issuing any notice WP(C) NO. 25010 OF 2021 3 to the petitioner or reference to any documents. Since the order suffers from non compliance of the principles of natural justice, filing of the revision petition would have been a farcical exercise as it is a settled law, that the extra ordinary jurisdiction under Article 226 of the Constitution of India in such circumstances can be invoked.
4. On the other hand, learned Government Pleader representing the respondent do not deny the passing of the order dated 29.9.2021 based upon the directions of the Director of the General Education dated 26.8.2021 and submits that the department would not be averse in revisiting the issue, if appropriate directions are issued.
I have heard the learned counsel for the parties and appraised the paper book. Considering the fact that the petitioner was appointed as HSST Jr, which was approved vide Ext.P6 and thereafter promoted as HSST, which was approved vide Ext.P9, ibid, the direction of the Deputy Director could not have been exercised in the manner and mode as has been done by the Regional Deputy Director as it is wholly abrasive and cryptic. The petitioner is the affected person and the present case falls within the doctrine of having been condemned. Accordingly order Ext.P10 dated 29.9.2021 is quashed. The matter is remitted to the Regional WP(C) NO. 25010 OF 2021 4 Deputy Director, Kottayam to revisit the issue by putting a notice to the petitioner as to why and under what circumstances the process of review of the approval by referring to provisions of law as well have been taken and after giving due opportunity to file the reply. Efforts will be taken to examine the matter pragmatically and take a call, in accordance with law. Let this exercise be undertaken within a period of two months from the date of receipt of a copy of this judgment.
Sd/-
sab AMIT RAWAL
JUDGE
WP(C) NO. 25010 OF 2021
5
APPENDIX OF WP(C) 25010/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER DATED
29.06.2017 AS HSST (JR) ENGLISH.
Exhibit P2 TRUE COPY OF THE APPROVAL ORDER
NO.B4/4091/2016/RDO/HSE/KTM IN RESPECT OF PROMOTION OF HSST (JR) ENGLISH AS HSST DATED 16.11.2016.
Exhibit P3 TRUE COPY OF THE NOTIFICATION DATED 05.06.2017 IN DEEPIKA DAILY.
Exhibit P4 TRUE COPY OF THE G.O(RT) NO.1470/2017/G,EDN DATED 22.05.2017.
Exhibit P5 TRUE COPY OF THE MINUTES OF THE SELECTION COMMITTEE HELD ON 26.06.2017.
Exhibit P6 TRUE COPY OF THE APPROVAL ORDER NO.A3/1785/2018/RDD/HSE DATED 31.05.2018 IN RESPECT OF EXHIBIT- P1 APPOINTMENT.
Exhibit P7 TRUE COPY OF THE STAFF FIXATION ORDER NO.A3/301/RDD/HSE/KTM/2018 DATED 16.02.2018 FOR THE YEAR 2016-2017 AND 2017-2018.
Exhibit P8 TRUE COPY OF THE STAFF FIXATION ORDER FOR THE YEAR 2013-2014 TO 2015-2016 ISSUED AS A SINGLE ORDER NO.A3/9793/RDD/HSE/KTM/2015 DATED 09.12.2015.
Exhibit P9 TRUE COPY OF THE APPROVAL GRANTED TO THE PETITIONER AS HSST BY THE 3RD RESPONDENT BY ORDER NO.B5/757/RDD/2020 DATED 13.11.2020. Exhibit P10 TRUE COPY OF THE ORDER OF RDO, KOTTAYAM NO.B5/761/2020//RDD/HSE/KOTTAYAM DATED 29.09.2021 CANCELLING P6 AND P9 APPROVAL WP(C) NO. 25010 OF 2021 6 ORDERS.
Exhibit P11 TRUE COPY OF THE G.O(MS) NO.398/2002/G.EDN DATED 29.11.2002.
Exhibit P12 TRUE COPY OF THE GO(MS) NO.47/2017/G,EDN DATED 08.06.2017.
Exhibit P13 TRUE COPY OF THE CIRCULAR NO.1762236/11/2017/G,EDN DATED 01.06.2018. Exhibit P14 TRUE COPY OF THE G.O(RT) NO.4870/2018/G,EDN DATED 22.11.2018.
Exhibit P15 TRUE COPY OF THE MODIFIED STAFF FIXATION ORDER NO.A3/360RDD/HSE/KTM/2018 DATED 21.06.2019 IN RESPECT OF 21017-2018 AND 2018-2019.
Exhibit P16 TRUE COPY OF THE STAFF FIXATION FOR 2019- 2020 NO.A3/1728/2020/RDD/HSE/KTM DATED 19.03.2020.
Exhibit P17 TRUE COPY OF THE G.O(MS) NO.14/2019/G,EDN DATED 06.02.2019.