Jeeja N. v. State of Kerala and others
Case Details & Bench
- Court
- High Court of Kerala
- Hon'ble Judges
- J MOHAMMED NIAS C.P., J.
- Judgment Date
- 2024-03-15
- Court Decision / Holding
- The writ petition is allowed. Exts.P2 and P3 are quashed and there will be a direction to respondents 1 to 4 to retain the approval granted to the petitioner in the post of FTM with effect from 6.8.2007 and in the post of Office Attendant with effect from 1.6.2016. There will be a further direction not to shift the approved lien of the petitioner in the respective posts.
- Final Disposition
- Writ petition allowed
Parties to the Case
Appellants / Petitioners
- Jeeja N.
Respondents
- State of Kerala represented by Secretary to Government, General Education Department, Government Secretariat, Thiruvananthapuram-695001
- The Director of General Education, Directorate of General Education, Jagathy, Thiruvananthapuram-695014
- The Deputy Director of Education Office of the DDE, Kozhikode-673001
- The District Educational Officer Office of the DEO, Thamarassery-673613
- The Manager NanminDA HSS, NanminDA, Thamarassery, Kozhikode-673013
- K.MIRSHAD FTCM, NANMINDA HSS, NANMINDA, THAMARASSERY, KOZHIKODE-673613
- C.K.ANILKUMAR
Legal Representation & Advocates
Counsels for Petitioners
- • T.T.MUHAMOOD
- • A.RENJIT V.E.ABDUL GAFOOR
- • A.MOHAMMED SAVAD
- • T.R.VISHNU
Counsels for Respondents
- • ADVOCATE GENERAL OFFICE KERALA P.NANDAKUMAR
- • SMT.SAROJINI.K.G., SR. GP
Case Synopsis & Summary
The petitioner Jeeja N. joined as FTM on 6.8.2007 at Nenminda Higher Secondary School as a regular employee against a vacancy created when C.K. Shameer was promoted to Lab Assistant. Her initial appointment was approved, and she continued in post. While the LWA arrangement with Shameer continued, the petitioner’s cadre progressed; Shameer availed LWA for five years from 1.6.2010; the petitioner was temporarily promoted as Lab Assistant from 10.6.2010 to 31.05.2015, and the LWA extension continued the petitioner’s appointment. When the Clerk Sainaba retired in 2016, Anil Kumar was appointed as Clerk; the petitioner was regularised as Office Attendant from 1.6.2016 against that vacancy, and Ext.P1 memorialised this on 30.03.2019. On 19.8.2017, the third respondent issued Ext.P2 reviewing the approvals granted to the petitioner from 6.8.2007 and to Sindhu from 1.4.2011 under Rule 51A of Chapter XIV-A KER. The second respondent affirmed Ext.P2 and directed to review the sixth and seventh respondents and to grant consequential promotion to the sixth respondent per Ext.P3. The petitioner contends Ext.P2/Ext.P3 were passed without hearing and that Rule 51A applies only when retrenchment occurs after one year of service; relying on Sreejith T. v. Manager, 2022 (6) KHC 72, he argues Rule 51A cannot confer a preferential appointment on incumbents. The court, noting the sixth respondent was in service when the petitioner was appointed, quashed Exts.P2 and P3 and directed retention of approvals; no shift of lien.
Provisions of Law Cited
Legal Doctrines & Maxims
- Laches
Submissions & Arguments
Contentions of Appellants / Petitioners
The petitioner argues that Exts.P2 and P3 were passed without hearing and that Rule 51A applies only to retrenchment after one year of service. Citing Sreejith T. v. Manager, A.M. Upper Primary School, Punnathala, 2022 (6) KHC 72, he contends that Rule 51A cannot confer a preferential appointment on incumbents who are already in service. He further submits that the responses under Rule 51A were not properly invoked and that there is laches in raising the claim; hearing was required before adopting such review orders, and the petition should be allowed to retain the existing approvals.
Contentions of Respondents
The respondents submit that Exts.P2 and P3 were issued under Rule 51A to examine the sixth respondent’s claim for promotion and were supported by subsequent orders (Ext.P3). They argue that the review was a legitimate exercise of statutory powers and that the 6th respondent’s earlier or continuing service created a right to consideration under Rule 51A; they deny laches and contend that hearing was not a precondition for the exercise of these powers.
Cited Precedents (2)
| Case Name | Citation | Treatment | Explanation |
|---|---|---|---|
| Sreejith T. and another v. Manager, A.M. Upper Primary School, Punnathala and others | 2022 (6) KHC 72 | Positive | The court cites and relies on the dictum in this decision to support the proposition that Rule 51A favors only those relieved in specified contingencies and not incumbents, aligning with the petitioner's argument that Rule 51A cannot confer a preferential appointment on incumbents. |
| WP(C) 20400 of 2016 | WP(C) 20400 of 2016 | Mentioned Only | Exhibit R6(H) references a judgment in WP(C) 20400 of 2016; cited as background material rather than as binding authority for the decision. |
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