High Court of KeralaSingle Judge2023-03-07Writ petition disposed of.

Bindu R v State of Kerala and Others

Case / Petition Number:WP(C).No.7610/2023

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Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: P.V. Kunhikrishnan
Judgment Date: 2023-03-07
Court Decision / Holding: 1) The 2nd respondent is directed to consider and pass appropriate orders on Ext. P10, with notice to the petitioner and respondents 7 to 9. 2) While deciding Ext. P10, the 2nd respondent must consider Government Orders Exts. P8 and P11 and the judgment in Ext. P9. 3) The petitioner shall produce a certified copy of this judgment along with the writ petition before the 2nd respondent for compliance.
Final Disposition: Writ petition disposed of.

Parties to the Case

Appellants / Petitioners

BINDU R

Respondents

STATE OF KERALA, represented by the Secretary to Government, Department of General Education, Secretariat, Thiruvananthapuram-695001
DIRECTOR OF GENERAL EDUCATION DIRECTORATE OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM, PIN - 695014
DEPUTY DIRECTOR OF EDUCATION OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, KANNUR, PIN - 670002
DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, KANNUR, PIN - 670002
DIRECTOR OF HIGHER SECONDARY EDUCATION HOUSING BOARD BUILDINGS, THAMPANOOR-PANAVILA RD, SANTHI NAGAR, THYCAUD, THIRUVANANTHAPURAM, KERALA ., PIN - 695001
REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION PAYYAMBALAM, KANNUR, KERALA, PIN - 670003
MANAGER MATTANNUR H.S.S. MATTANNUR, P.O.MATTANNUR, KANNUR, PIN - 670702
PRINCIPAL MATTANNUR H.S.S. MATTANNUR, P.O.MATTANNUR, KANNUR, PIN - 670702
SMT. PREETHA V.R. H.S.A(ENGLISH) MATTANNUR H.S.S. MATTANNUR, P.O.MATTANNUR, KANNUR, PIN - 670702

Legal Representation & Advocates

Counsels for Petitioners

• KALEESWARAM RAJ
• THULASI K. RAJ

Counsels for Respondents

• SMT. SURYA BINOY, SR.GP

Case Synopsis & Summary

This writ petition (WP(C) No. 7610/2023) is filed by Bindu R, an HSST (English) at Mattannur Higher Secondary School, seeking a writ of certiorari to quash Exts. P4 and P7 as unjust and to declare her appointment as HSST (English) in Mattannur HSS approved with effect from 15.07.2021. The petitioner, who began as UPSA in 1996 and was promoted to HST in 1998, was appointed HSST on 15.07.2021 to fill a vacancy created by a retirement in 2020 (Ext. P1). She contends there were two HSST (English) vacancies in the 7th respondent’s school, one filled by transfer (hers) and the other by direct recruitment (Navya P.K.). The 6th respondent’s Ext. P4 order purportedly withheld approval due to the pendency of W.P.(C). No. 16740/2022 and the alleged absence of a valid selection committee for appointment by transfer. The petitioner asserts that Ext. P9 (this Court’s judgment) and Ext. P8/Govt. Orders authorize by-transfer appointments without a selection committee and that Ext. P7’s interim order only stated appointments would be subject to the writ petition, not to denial of her appointment. Ext. P10 (appeal) remains unconsidered. The government has issued Exts. P8 and P11 (GO 16/2023). The court directs the 2nd respondent to consider Ext. P10 with notice, and to take Exts. P8, P11 and Ext. P9 into account, directing compliance and cure.”

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner contends that Ext. P7 interim order stated appointments would be subject to the writ petition, while Ext. P9 and Ext. P8 GO/Orders authorize by-transfer appointments without a selection committee. She seeks quashing of Exts. P4 and P7, a declaration that her appointment as HSST (English) from 15.07.2021 is valid, and a mandamus directing the 1st and 2nd respondents to approve the appointment and pay the salary with arrears from 15.07.2021. She argues there were two vacancies in the HSST (English) post; she was appointed via transfer; the other vacancy was filled by Navya P.K through direct recruitment; Ext. P9’s dicta supports her by-transfer appointment, and Ext. P8/Ext. P11 GOs support the government stance. The petitioner also asserts that Ext. P10 has not been duly considered and seeks a directions-based resolution with attendance to the authorities’ orders and the Court’s judgment in Ext. P9.

Contentions of Respondents

The respondents submit that Ext. P4 reflects the 6th respondent’s view that appointment cannot be approved due to pendency of W.P.(C). No. 16740/2022 and the lack of a convened selection committee. They rely on Ext. P9 (this Court’s judgment) and Government Orders including Ext. P8 (GO 2412/2022) and Ext. P11 (GO 16/2023) to justify the need for compliance and possible non-approval of the transfer appointment. They contend that the interim order in Ext. P7 and other writ petitions underscore the need to await the writ petition’s final outcome. They acknowledge Ext. P10 but submit that it requires consideration by the 2nd respondent while following the court’s directions. The Government Pleader states that there is no immediate notice to respondents 7–9 at this stage, and a review petition is available if aggrieved.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN TUESDAY, THE 7[TH] DAY OF MARCH 2023 / 16TH PHALGUNA, 1944 ``` ``` WP(C) NO. 7610 OF 2023 ``` ## **`PETITIONER:`** ``` BINDU R AGED 50 YEARS, W/O.JAYAKRISHNAN A.K, H.S.S.T (ENGLISH), MATTANNUR H.S.S. MATTANNUR, P.O.MATTANNUR, KANNUR -670702, RESIDING AT THINKAL (H), P.O.KOLARI, MATTANNUR, KANNUR, PIN - 670702 BY ADVS. KALEESWARAM RAJ THULASI K. RAJ ``` ## **`RESPONDENTS:`** - `1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM-., PIN - 695001` - `2 DIRECTOR OF GENERAL EDUCATION DIRECTORATE OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM, PIN - 695014` - `3 DEPUTY DIRECTOR OF EDUCATION OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, KANNUR, PIN - 670002` - `4 DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, KANNUR, PIN - 670002` - `5 DIRECTOR OF HIGHER SECONDARY EDUCATION HOUSING BOARD BUILDINGS, THAMPANOOR-PANAVILA RD, SANTHI NAGAR, THYCAUD, THIRUVANANTHAPURAM, KERALA ., PIN - 695001` - `6 REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION PAYYAMBALAM, KANNUR, KERALA, PIN - 670003` - `7 MANAGER MATTANNUR H.S.S. MATTANNUR, P.O.MATTANNUR, KANNUR, PIN - 670702` - `8 PRINCIPAL MATTANNUR H.S.S. MATTANNUR, P.O.MATTANNUR, KANNUR, PIN - 670702` WP(C).No.7610/2023 **2** ``` 9SMT. PREETHA V.R. H.S.A(ENGLISH) MATTANNUR H.S.S. MATTANNUR, P.O.MATTANNUR, KANNUR, PIN - 670702 ``` ## **`OTHER PRESENT:`** ``` SMT.SURYA BINOY, SR.GP ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` WP(C).No.7610/2023 **3** ## **P.V.KUNHIKRISHNAN, J. -------------------------------W.P.(C).No.7610 of 2023** **---------------------------------------------Dated this the 07[th ] day of March, 2023** ## **JUDGMENT** ## This writ petition is filed with following prayers: - i. To issue a writ of certiorari quashing Exts. P4 and P7 as unjust, illegal, and unsustainable. ii. To declare that the petitioner is entitled to have her appointment as HSST (English) in the 7[th] respondent's school approved w.e.f. 15.07.2021. iii. To issue a writ of mandamus directing Respondents No. 1 and 2 to pass orders approving the appointment of the petitioner as HSST (English) in Mattanur Higher Secondary School, w.e.f. 15.07.2021. iv. v. To issue a writ of mandamus directing Respondents 1 and 2 to pay salary to petitioner in the scale of pay due to HSST English, w.e.f. 15.07.2021 together with arrears and all consequential benefits. To issue such other orders, directions or writs as may be prayed for under the facts and circumstances of the case. vi. To dispense with filing of the translation of vernacular documents. (SIC) WP(C).No.7610/2023 **4** 2. Petitioner is working as Higher Secondary School Assistant (HSST)(English) at Mattannur Higher Secondary school. Initially he was appointed as UPSA from 12.08.1996 to 31.03.1997 and continued her service as UPSA from 02.06.1997 onwards. She was promoted to the post of HST on 26.11.1998 and later she was promoted and appointed to the post of HSST on 15.07.2021 with Ext.P1 in the vacancy of one Sri.P.M. Maheswaran Namboodiri who retired on 31.05.2020. It is the case of the petitioner that in Ext.P4, the 6[th] respondent has taken a stand that the appointment of the petitioner cannot be approved because of the pendency of W.P. (C). No.16740/2022 filed by the 9[th] respondent, in which there is an interim order stating that the appointments are subject to the decision in the writ petition. The second reason stated is that a selection committee including the representative of the Government was not convened for selecting the petitioner. She was appointed without a selection committee as envisaged therein is the contention. According to the petitioner, there are two vacancies in the 7[th] respondent's school in the post of HSST (English). One appointment was made through by- WP(C).No.7610/2023 **5** transfer, and the other is made through direct recruitment. The petitioner was appointed via by transfer to one of the posts on 15.07.2021 and the other person namely Smt.Navya P.K was appointed via direct recruitment. It is submitted that the 9[th] respondent who is junior to the petitioner filed W.P.(C). No.22603/2021 with the prayer to declare the vacancy of HSST acquired on 2020-2021 has to be filled up by appointment by transfer. It is further stated that in Ext.P7 an interim order was issued stating that the appointments, if any, will be subject to the result of the writ petition. It is further submitted that the Government has already issued Ext.P8 order stating that there is no need of a selection committee for appointment by transfer. It is also contended that in Ext.P9, this Court categorically held that convening of a selection committee with Government nominee is not required for by transfer appointment. Ext.P9 covers the issue in favour of the petitioner is the submission. Highlighting these aspects, the Manager submitted Ext.P10 appeal to approve the transfer appointment of the petitioner with effect from 15.07.2021. The grievance of the petitioner is that the same is not considered. 3. Heard the learned counsel for the petitioner and WP(C).No.7610/2023 **6** the learned Government Pleader. No notice is necessary to respondents 7 to 9 at this stage and if they are aggrieved by the directions issued by this Court, they are free to file a review petition. 4. The grievance of the petitioner is that the official respondents are not considering the dictum laid down by this Court in Ext.P9 judgment and also the directions in Exts.P8 and P11 Government Orders. If there is any violation of the directions of this Court or the Government Orders, the same can be resolved by the 2[nd] respondent, while considering Ext.P10 appeal. I think there can be quietus if Ext.P10 is considered with notice to the petitioner and respondents 7 to 9. Therefore, this writ petition is disposed of in the following manner: 1. The 2[nd] respondent is directed to consider and pass appropriate orders in Ext.P10, with notice to the petitioner and respondents 7 to 9. 2. While passing orders in Ext.P10, the 2[nd] respondent will consider Exts.P8 and P11 Government Orders and Ext.P9 judgment of this Court. WP(C).No.7610/2023 **7** 3. The petitioner will produce a certified copy of this judgment along with a copy of the writ petition before the 2[nd] respondent for compliance. JV sd/- **P.V.KUNHIKRISHNAN JUDGE** WP(C).No.7610/2023 **8** ## **`APPENDIX OF WP(C) 7610/2023`** ``` PETITIONER EXHIBITS Exhibit P1TRUE COPY OF APPOINTMENT ORDER DATED 15.07.2021 ISSUED BY THE 7TH RESPONDENT. ``` - `Exhibit P2 TRUE COPY OF RELIEVING ORDER NO. 26/2021-22 DATED 15.07.2021.` - `Exhibit P3 TRUE COPY OF JOINING REPORT DATED 15.07.2021 ISSUED BY PRINCIPAL.` - `Exhibit P4 TRUE COPY OF THE PROCEEDINGS OF 6TH RESPONDENT'S ORDER NO. B3/3284/2021 DATED 11.01.2022.ALONG WITH TYPED COPY` - `Exhibit P5 TRUE COPY OF INTERIM ORDER IN WPC 16740/2022 DATED 24.05.2022.` - `Exhibit P6 TRUE COPY OF G.O (RT) NO. 2412/2022/GEDN DATED 13.04.2022.` - `Exhibit P7 TRUE COPY OF REJECTION ORDER NO. B3/4256/2021 DATED 08.08.2022.ALONG WITH TYPED COPY` - `Exhibit P8 TRUE COPY OF THE G.O (RT) NO. 247/2019, DATED 21.01.2019.` - `Exhibit P9 TRUE COPY OF THE JUDGMENT DATED 01.07.2022 IN WPC NO,19935/2022` - `Exhibit P10 TRUE COPY OF AN APPEAL DATED 11.10.2022 SUBMITTED BY THE 7TH RESPONDENT` - `Exhibit P11 TRUE COPY OF G.O.NO.16/2023/G.EDN DATED 20.02.2023`