Brijin. P v. State of Kerala and others
Case Details & Bench
- Court
- High Court of Kerala
- Hon'ble Judges
- P. V. Kunhikrishnan
- Judgment Date
- 2023-03-31
- Court Decision / Holding
- Writ petition allowed in part: Ext.P14 is set aside; the 1st respondent is directed to reconsider the matter after giving sufficient opportunity of hearing to the petitioner and the 7th respondent within four months from receipt of a certified copy of the judgment, and to consider whether Krishnan v. Muraleedharan applies to the facts. The petitioner shall produce a stamped copy of this judgment along with the petition before the 1st respondent for compliance. The 1st respondent shall also consider the applicability of Krishnan’s principle (supra).
- Final Disposition
- Writ petition allowed in part; Ext.P14 set aside; remand to 1st respondent for reconsideration with due hearing within four months; consider Krishnan’s principle; comply by producing stamped copy of judgment.
Parties to the Case
Appellants / Petitioners
- Brijin. P
Respondents
- The State of Kerala represented by its Secretary to Government of General Education, Government Secretariat, Thiruvananthapuram
- The Director General of Education, Directorate of General Education, Jagathy P.O, Thiruvananthapuram
- The Deputy Director of Education, Downhill P.O, Malappuram
- The District Education Officer, Civil Station, Tirur P.O, Malappuram
- The Manager, VVM HSS Marakkara, Marakkara P.O, Malappuram
- The Headmaster, VVM HSS Marakkara, Marakkara P.O, Malappuram
- Haridas Valancherry
Legal Representation & Advocates
Counsels for Petitioners
- • J.G. Syam Nath
- • S. Aneesh
Counsels for Respondents
- • S. Krishna
Case Synopsis & Summary
The petitioner, Brijin. P., employed as a Full Time Menial (FTM) at VVM Higher Secondary School, Marakkara, challenges the retrenchment of his post and seeks salary arrears, back monetary benefits, and promotion to the existing vacancy of Office Attendant. The facts show that the 7th respondent was promoted to HSA (Malayalam) from FTM, but during staff fixation for 2018-19 one HSA post was reduced. The 7th respondent was not reverted, and after reopening of the school on 06.06.2019, the Manager issued a letter reverting the 7th respondent to FTM and retrenching the petitioner for want of vacancy. The 2nd respondent rejected the Manager’s appeal to retain the 7th respondent, and Ext.P14 (the government order) was issued, while Ext.P13 indicated a hearing notice for 14.07.2021. The petitioner contends Ext.P14 was issued without affording an opportunity of hearing, and that the 7th respondent’s appointment was a fresh appointment, not a promotion. He relies on Krishnan v. Muraleedharan (2000 KHC 628) to argue that retrenchment cannot be effected by reverting a promoted employee where a fresh appointment exists. The court found a lack of due process in Ext.P14 and remanded the matter to the 1st respondent to reconsider after providing sufficient hearing to both parties, within four months, and to consider Krishnan’s principle. The petitioner must produce a stamped copy of this judgment for compliance. The petition is allowed in part.
Submissions & Arguments
Contentions of Appellants / Petitioners
The petitioner contends that his promotion to the vacancy was thwarted by the 7th respondent’s (Haridas Valancherry) appointment as a fresh HSA and that his subsequent retrenchment was illegal for lack of vacancy and due process. He asserts that Ext.P14 (the government order) was issued without affording a meaningful opportunity of hearing, despite Ext.P13 indicating a hearing notice. He relies on the principle in Krishnan v. Muraleedharan (2000 KHC 628) that a fresh appointment should not be used to sideline a preexisting employee, and seeks quashing of Exts. P3, P7, and P14, and salary, back benefits, and promotion to the existing vacancy. He urges that the matter be remitted for proper consideration with due process.
Contentions of Respondents
The respondents contend that Ext.P14 reflects a cabinet-level or government reconsideration after examining representations (Exts. P8, P9, P14) and that due process was involved, with hearing notices and opportunities as appropriate. They argue that the 7th respondent’s appointment may be a fresh appointment within the school’s staffing structure and that retrenchment was grounded in vacancy and policy considerations. They submit that Ext.P14 was issued following due procedure and that the writ petition seeks to circumvent the administrative process. They maintain that Exts. P13–P14 show that the petitioner was heard or given an opportunity to be heard, and that the government’s decision should stand. They request dismissal of the petition or limited relief consistent with the established policy and due process.
Cited Precedents (1)
| Case Name | Citation | Treatment | Explanation |
|---|---|---|---|
| Krishnan v. Muraleedharan | 2000 KHC 628 | Positive | The court relies on this principle to hold that the 7th respondent cannot be reverted to FTM where the 7th respondent’s appointment is a fresh appointment, and directs reconsideration consistent with that principle. |
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