Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN THURSDAY, THE 29TH DAY OF JULY 2021 / 7TH SRAVANA, 1943 PETITIONER: DANTIS K.MURINGATHERI AGED 45 YEARS S/O.M.J.KOCHAPPAN @ DEVASSY (LATE), MURINGATHERI HOUSE, CHOWANNUR KUNNAMKULAM (VIA), TRISHUR-680517. BY ADVS. M.A.FAYAZ M.VISHNUPRIYA C.B.ABHINAVA RESPONDENTS: 1 STATE OF KERALA REP. BY SECRETARY TO THE GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, ANNEXURE-II, THIRUVANANTHAPURAM-695001. 2 DIRECTOR OF GENERAL EDUCATION, JAGATHI, OFFICE OF THE DIRECTOR OF GENERAL EDUCATION, THIRUVANANTHAPURAM-695014. 3 DEPUTY DIRECTOR OF EDUCATION THRISSUR, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, CIVIL STATION, AYANTHOL, THRISSUR-680020. 4 DISTRICT EDUCATIONAL OFFICER CHAVAKKAD, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, THRISSUR, CHAVAKKAD-680506. 5 ASSISTANT EDUCATIONAL OFFICER, KUNNAMKULAM, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, KUNNAMKULAM-680503.
6 MANAGER, VIVEKASAGARAM UPPER PRIMARY SCHOOL, VELLARAKKAD P.O., THRISSUR, PIN-680584. 7 SMT.P.K.SHEELA, HEAD MISTRESS (RETD), VIVEKASAGARAM UPPER PRIMARY SCHOOL, VELLARAKKAD P.O., THRISSUR, PIN-680584. 8 DALI.K.P., UPSA, VIVEKASAGARAM UPPER PRIMARY SCHOOL, VELLARAKKAD P.O., THRISSUR, PIN-680584. 9 SHEELA K., UPST, VIVEKASAGARAM UPPER PRIMARY SCHOOL, VELLARAKKAD P.O., THRISSUR, PIN-680584. SRI. T. RAJASEKHARAN NAIR- SR. G.P. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
This writ petition is filed seeking the following reliefs:
i) To call, for the records leading to the issuance of Ext.P15 order of the 2nd respondent and set aside the same by issuing a writ of certiorari. ii) To issue a writ of mandamus directing the 5 th respondent to approve the appointment of the Headmaster w.e.f. 01.04.2020 at VS UPS Vellarakkad. iii) To issue a writ of mandamus directing the 1 st respondent to consider and pass orders on Exhibit P19 revision petition forthwith or within a time stipulated by this Hon'ble Court. iv) To restrain the 6th respondent from implementing Ext.P15 order of the 2nd respondent without obtaining further orders from this Hon'ble Court.
2. Heard the learned counsel for the petitioner and the learned Government Pleader. In view of the directions being issued, notice to respondents 6 to 9 is dispensed with.
3. It is submitted by the learned counsel for the petitioner that
as against Ext.P15 order passed by the DGE in pursuance to the directions in Ext.P14 judgment, the petitioner has preferred Ext.P19 statutory revision petition before the Government and seeks a consideration thereof. It is submitted that the finding in Ext.P15 to the effect that the petitioner does not have the 12 years of continuous service required for promotion to the post of Headmaster is a misconception and that if the period of service of the petitioner as Cluster Coordinator is taken into account, the petitioner would have more than the required 12 years of service. It is submitted that in Ext.P14 judgment also there was a direction to maintain the status quo with regard to the petitioner's continuance as HM since he had been continuing so on the basis of competent orders. It is, therefore, contended that there may be a direction to the respondents to consider Ext.P19 revision petition with notice to all concerned and to consider the claim of the petitioner with regard to appointment as HM with effect from 01.04.2020. Having heard the learned Government Pleader also and in view of the fact that the petitioner is admittedly continuing as HM in the school from the date of occurrence of vacancy itself, this writ petition is disposed of with the following directions: 1) The 1st respondent shall take up, consider and pass orders on Ext.P19 revision petition preferred by the petitioner with notice to the petitioner as well as respondents 6 to 9 and any other affected teachers and after hearing them through any appropriate means including video conferencing within a period of two months from the date of receipt of a copy of this judgment. 2) Till such time, the status quo as on today with regard to the petitioner's continuance as HM shall continue. This writ petition is ordered accordingly. Sd/- ANU SIVARAMAN JUDGE SVP APPENDIX OF WP(C) 15076/2021 PETITIONER EXHIBITS Exhibit P1 PHOTOCOPY OF THE ORDER ISSUED BY THE 6TH RESPONDENT PROMOTING THE PETITIONER AS HEAD MASTER OF THE SCHOOL DATED 01.04.2020. Exhibit P2 PHOTOCOPY OF APPOINTMENT ORDER ISSUED BY
THE 6TH RESPONDENT DATED 18.07.2006 CONTAINING THE ENDORSEMENT OF APPROVAL OF APPOINTMENT BY THE RESPONDENT AEO.
Exhibit P3 PHOTOCOPY OF THE APPOINTMENT ORDER
NO.B5/13010/11 DATED 13.06.2012 APPOINTING THE PETITIONER AS CLUSTER COORDINATOR AT BLOCK RESOURCES CENTRE.
Exhibit P4 PHOTOCOPY OF THE JUDGMENT IN W.P(C)NO.1879/2018 DATED 18.01.2018. Exhibit P5 PHOTOCOPY OF THE G.O(RT)NO.5064/2018/G.EDN DATED 01.12.2018. Exhibit P6 PHOTOCOPY OF THE CERTIFICATE EVIDENCING THE FACT THAT PETITIONER HAS PASSED ACCOUNT TEST (LOWER) ISSUED ON 08.01.2018. Exhibit P7 PHOTOCOPY OF THE CERTIFICATES EVIDENCING THE FACT THAT PETITIONER HAS PASSED ACCOUNT TEST (HIGHER) ISSUED ON 08.01.2018. Exhibit P8 PHOTOCOPY OF THE CERTIFICATES EVIDENCING
THE FACT THAT PETITIONER HAS PASSED THE TEST ON KERALA EDUCATION ACT AND RULES ISSUED ON 25.08.2017.
Exhibit P9 PHOTOCOPY OF THE G.O(MS)NO.16/15/G.EDN DATED 19.02.2018. Exhibit P10 PHOTOCOPY OF THE INTERIM ORDER ISSUED BY THE HON'BLE HIGH COURT RESTRAINING THE RESPONDENT CONCERNED FROM APPROVING THE PROMOTION OF THE 7TH RESPONDENT DATED 20.08.2018. Exhibit P11 PHOTOCOPY OF THE JUDGMENT IN W.P(C)NO.12838/2019 DATED 10.06.2020. Exhibit P12 PHOTOCOPY OF THE INTERIM ORDER IN W.P(C)NO.12787/2020 DATED 26.06.2020. Exhibit P13 PHOTOCOPY OF THE PROCEEDINGS NO.B/3361/2020 DATED 14.09.2020. Exhibit P14 PHOTOCOPY OF THE JUDGMENT IN W.P(C)NO.12787/2020 DATED 17.02.2021.
Exhibit P15 PHOTOCOPY OF THE ORDER
NO.E3/3905/2021/DPI DATED 08.07.2021. Exhibit P16 PHOTOCOPY OF THE ORDER NO.G.EDN- J1/289/2019-G.EDN DATED 13.02.2020. Exhibit P17 PHOTOCOPY OF THE LETTER NO.DGE/3029/2019- A5 DATED 16.09.2020. Exhibit P18 PHOTOCOPY OF THE PROCEEDINGS (ORDER NO.C2-4/2020 DATED 21.03.2020) ISSUED BY THE 7TH RESPONDENT. Exhibit P19 PHOTOCOPY OF THE REVISION PETITION DATED 19.07.2021.