Muralidharan P v. The Manager, Chattanchal Higher Secondary School

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE MONDAY, THE 16TH DAY OF FEBRUARY 2015/27TH MAGHA, 1936 WP(C).No. 2809 of 2015 (A) --------------------------- PETITIONER(S):

---------------------- MURALIDHARAN. P, AGED 42 YEARS S/O.P.VISHNU NAMBOODIRI, HSST ENGLISH CHATTANCHAL HIGHER SECONDARY SCHOOL, THEKKIL POST KASARAGOD-671541. RESIDING AT PALAMANGALAM UPPLIKAI (POST), KASARAGOD DISTRICT-671314.

BY ADVS.SRI.P.SANKARANKUTTY NAIR SRI.K.SANDESH RAJA SRI.VENU MENON RESPONDENT(S):

-------------------------

1. THE MANAGER CHATTANCHAL HIGHER SECONDARY SCHOOL REPRESENTED BY DISTRICT EDUCATIONAL OFFICER KASARAGOD-671541.

2. THE REGIONAL DEPUTY DIRECTOR DEPARTMENT OF HIGHER SECONDARY EDUCATION KANNUR (REGION), KANNUR-670001.

R2 BY SR. GOVERNMENT PLEADER SRI. M.A. FAYAZ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 2809 of 2015 (A) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT-P1: TRUE COPY OF THE SENIORITY LIST OF HSST, CHATTANCHAL, KASARAGOD AS ON 31/5/2014.

EXHIBIT-P2: TRUE COPY OF THE ORDER NO.EM5/34279/2010/DPI/K.Dis. DATED 10/11/2010 .

EXHIBIT-P3: TRUE COPY OF THE REPRESENTATION DATED 8/8/2014 ISSUED TO THE 1ST RESPONDENT.

EXHIBIT-P4: TRUE COPY OF THE REPRESENTATION DATED 17/12/2014 ISSUED TO THE 2ND RESPONDENT.

RESPONDENT(S)' EXHIBITS --------------------------------------- NIL // TRUE COPY // P.A. TO JUDGE sou.

A.MUHAMED MUSTAQUE, J.

========================= W.P(C).No.2809 of 2015 ============================ Dated this the 16th day of February, 2015

JUDGMENT

Petitioner was appointed as HSST Junior in English in the first respondent school. Petitioner's claims is that he is the senior most teacher in HSST Junior and he is eligible for appointment by transfer to the post of HSST English. The vacancy in HSST English arose on the retirement of the Principal in that school. Even though the Manager has made appointments of Principal and Headmaster, the Manager has not appointed the petitioner as HSST English. Accordingly, petitioner has approached this Court.

2.

Learned Government Pleader on instruction submits that there is a dispute regarding management and the Administrative Committee has not forwarded or recommended petitioner's name for appointment as HSST English. It is on account of this fact, the authorities were not able to consider the appointment of petitioner as HSST English.

3.

It is admitted that on account of the dispute in the management, District Educational Officer was appointed as Manager. In view of the fact that DEO is the Manager, decision

W.P(C).No.2809 of 2015 shall be taken by the DEO in the matter of appointment of petitioner as HSST in English after affording an opportunity of hearing to the petitioner and Administrative Committee. Needful shall be done within a period of six weeks from the date of receipt of a copy of this judgment.

The Writ Petition is disposed of.

Sd/- A.MUHAMED MUSTAQUE, JUDGE.

Sbna/18/02/15