High Court of KeralaWP(C)/17542/2015disposed of

Sibil Jacob v. The Stat Of Kerala

2015-06-115 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN THURSDAY, THE 11TH DAY OF JUNE 2015/21ST JYAISHTA, 1937 WP(C).No. 17542 of 2015 (P) ---------------------------- PETITIONER(S):

-------------------------- SIBIL JACOB AGED 38 YEARS D/O.V.O.CHACKO HIGHER SECONDARY SCHOOL TEACHER (JUNIOR) CHEMISTRY MPM HIGHER SECONDARY SCHOOL, CHUNGATHARA MALAPPURAM DISTRICT.

BY ADVS.SRI.V.A.MUHAMMED SRI.V.RAJASEKHARAN NAIR RESPONDENT(S):

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

1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM-695001.

2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION HOUSING BOARD BUILDINGS, SANTHI NAGAR THIRUVANANTHAPURAM-695001.

3. THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION CIVIL STATION, MALAPPURAM-676505.

4. THE MANAGER CATHOLICATE AND MD SCHOOLS CORPORATE MANAGEMENT DEVALOKAM, KOTTAYAM-686038.

R1 TO R3 BY ADV. LOWSY A., GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 17542 of 2015 (P) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1 :

COPY OF THE ORDER OF THE REGIONAL DEPUTY DIRECTOR, THIRUVANANTHAPURAM DT.17-11-08.

EXT.P2 :

COPY OF THE ORDER OF THE REGIONAL DEPUTY DIRECTOR, THIRUVANANTHAPURAM DT.28-10-2009.

EXT.P3 :

COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DT.20-12-2011.

EXT.P4 :

COPY OF THE ORDER OF THE REGIONAL DEPUTY DIRECTOR, MALAPPURAM DT.15-10-2014.

EXT.P5 :

COPY OF THE APPEAL FILED BEFORE THE R2 DT.31-10-2014 BY THE MANAGER.

EXT.P6 :

COPY OF THE ORDER OF THE DIRECTOR OF HIGHER SECONDARY EDUCATION DT.16-4-15.

EXT.P7 :

COPY OF THE DECISION REPORTED IN 2009(2)KLT 352 DT.8-4-2009. EXT.P8 :

COPY OF THE REVISION PETITION SUBMITTED BEFORE THE GOVERNMENT DT.1-6-15, WITHOUT EXHIBIT.

RESPONDENT(S)' EXHIBITS: N I L --------------------------------------- //TRUE COPY// P.A. TO JUDGE JV

ANIL K. NARENDRAN, J.

------------------------------- W.P.(C) No.17542 of 2015 ---------------------------------------------- Dated this the 11th day of June, 2015

JUDGMENT

The petitioner has got approved service as HSST (Junior) in Chemistry in the Higher Secondary School under the Corporate Management of the 4th respondent. Her appointment for the aforesaid period was approved by Ext.P1 proceedings of the 3rd respondent dated 17.11.2008.

Thereafter, by Ext.P2 proceedings of the 2nd respondent, she was appointed as HSST (Junior) in Chemistry under the 4th respondent Corporate Management for the period from 1.10.2009 to 30.09.2011 on temporary and provisional basis. Later by Ext.P3, she was re-appointed as HSST (Junior) in Chemistry with effect from 20.12.2011 against a newly sanctioned regular post in M.P.M. Higher Secondary School, Chungathara, under the 4th respondent Management. The approval for her appointment has been declined by Ext.P4 on the ground that she is not a Rule 51-A claimant as the preferential right under Rule 51-A is not introduced in Higher Secondary Schools.

W.P.(C) No.17542/2015

2. Aggrieved by Ext.P4, the 4th respondent preferred Ext.P5 appeal before the 2nd respondent. Thereafter, the petitioner approached this Court in W.P.(C). No.644/2015 seeking early disposal of Ext.P5 appeal. This Court, by judgment dated 08.01.2015, disposed of the said writ petition, directing the 2nd respondent to consider and pass appropriate orders on Ext.P5 appeal within a period of three months. Ext.P5 appeal was rejected by Ext.P6 order passed by the 2nd respondent, for the very same reason stated in Ext.P4.

3. Against Ext.P6, the petitioner filed Ext.P8 revision before the 1st respondent, in which she has also relied on Ext.P7 judgment of this Court in Jayasree v. Director of Higher Secondary Education [2009 (2) KLT 352] in which a Division Bench of this Court has held that a Higher Secondary School Teacher relieved on termination of vacancy is entitled to get reappointment when a vacancy arises in that cadre in future, even though Chapter XIV A Rule 51 has not been made applicable to Higher Secondary Schools. It is aggrieved by the delay in disposal of Ext.P8, the petitioner is before this Court in this writ petition.

4. I heard the learned counsel for the petitioner and also

W.P.(C) No.17542/2015 the learned Senior Government Pleader for respondents 1 to 3.

5. Aggrieved by Ext.P6 order passed by the 2nd respondent, the petitioner has filed Ext.P7 revision before the 1st respondent which is still pending consideration. In Ext.P8 revision, the petitioner has raised various contentions in support of her claim for re-appointment and she has also relied on the decision in Jayasree's case (supra). Since Ext.P8 revision is pending consideration before 1st respondent, I deem it appropriate to dispose of this writ petition, without going into the merits of the various contentions raised by the petitioner.

6. In the result, this writ petition is disposed of directing the 1st respondent to consider and pass appropriate orders on Ext.P8 revision petition filed by the petitioner with notice to her, as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a certified copy of this judgment.

Needless to say, while disposing Ext.P8, the 1st respondent shall look into various grounds raised in Ext.P8 revision petition as well as the decisions relied on by the petitioner. SD/- ANIL K. NARENDRAN, JV JUDGE