The High Court of Kerala dismissed appeals challenging a Single Judge order dismissing a teacher's by-transfer appointment claim. The court held a vacancy arose earmarked for direct recruitment, not transfer.
Appeals dismissed; manager's right to fill vacancy via direct recruitment upheld.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE ANTONY DOMINIC & THE HONOURABLE MR. JUSTICE A.HARIPRASAD
TUESDAY, THE 19TH DAY OF JANUARY 2016/29th POUSHA, 1937
WA.No. 2609 of 2015 IN WP(C).24924/2015
AGAINST THE JUDGMENT IN WP(C) 24924/2015 of HIGH COURT OF KERALA, DATED 14-10-2015
APPELLANT/RESPONDENT NO.4 IN THE WRIT PETITION:
V.Y.SREELATHA W/O.RAJAMOHAN V.J. HIGH SCHOOL ASSISTANT (MALAYALAM), RVSM HIGHER SECONDARY SCHOOL PRAYAR, OCHIRA-690547 (VAZHAPPILLETHU, PALLARIMANGALAM P.O., MAVELIKKARA, ALAPPUZHA - 690 107)
BY ADV. SRI.S.SUBHASH CHAND
RESPONDENTS/PETITIONER AND RESPONDENT NOS.1 TO 3 IN THE WRIT PETITION:
R1 BY ADV. SRI.P.B.SAHASRANAMAN R1 BY ADV. SRI.T.S.HARIKUMAR R1 BY ADV. SRI.K.JAGADEESH R BY GOVERNMENT PLEADER
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 19-01-2016, ALONG WITH WA. 2610/2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ANTONY DOMINIC & A.HARIPRASAD, JJ.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Writ Appeal Nos.2609 & 2610 of 2015
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of January, 2016
JUDGMENT
Antony Dominic, J.
These appeals are filed by the 4th respondent in W.P.(C) 24924/15 and the petitioner in W.P.(C)20737/15, who are aggrieved by the common judgment rendered by the learned Single Judge, allowing W.P.(C)24924/15 and dismissing W.P.(C)20737/15.
counsel appearing for the respondent manager, apart from the learned Government Pleader.
Writ Appeal Nos.2609 & 2610 of 2015
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24924/15 impugning Ext.P8 order mentioned above which, according to him, was by way of abundant caution. By the impugned judgment, the learned Single Judge allowed the Manager's writ petition while dismissed the writ petition filed by the Appellant.
Writ Appeal Nos.2609 & 2610 of 2015
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qualified U.P.S.As/L.P.S.As who possess the requisite qualification in the subject concerned, under the educational agency. Clause 2 provide that the remaining vacancies shall be filled by direct recruitment. It is also relevant to state that as per the note attached to this provision, when qualified persons are not available to fill up the vacancies set apart for appointment by transfer, such vacancies shall also be allotted for direct recruitment.
Writ Appeal Nos.2609 & 2610 of 2015
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the vacancy in question falls at a point which is ear-marked to direct recruitment.
claim that the post should have been filled up by transfer, by contenting that on 31.3.2013 a vacancy arose in the post of H.S.S.T. (English), which was at a turn ear-marked for by transfer appointment, and according to him, instead of filling that vacancy by transfer, the Manager filled up that post by direct recruitment. It is stated that the Manager having done so, the next vacancy, the vacancy which arose on 1.4.2014, should have been ear marked in the by transfer category, instead of filling up the same by direct recruitment. It is stated that if the vacancy was thus ear marked for by transfer appointment, the appellant being the qualified candidate for appointment to the post of H.S.S.T.(Malayalam) was the eligible candidate for appointment.
the vacancy which arose on 1.4.2014 is a vacancy falling at the direct recruitment point. Insofar as the vacancy of HSST (English) which arose on 31.3.2013 is concerned, by filling up the vacancy by direct
Writ Appeal Nos.2609 & 2610 of 2015
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recruitment, if the claim of anybody for by transfer appointment was overlooked, that could have given a cause of action only to the candidate whose claim was overlooked and could not have resulted in any claim for anybody else to claim any subsequent vacancy. Therefore, even if the vacancy that arose on 31.3.2013 was wrongly filled up as contented by learned counsel for the appellant, that could not have given any right for the appellant to claim the vacancy which arose on 1.4.2014 which admittedly a vacancy, which fall in the quota ear marked for direct recruitment.
Writ Appeal Nos.2609 & 2610 of 2015 :: 6 ::
7 H.S.S.T. Posts, (the upgraded posts) are also reckoned, the total number of posts available in the school will be 15 and that, if the retirement vacancies are also taken into account, the vacancy of H.S.S.T.(Malayalam), that arose on 1.4.2014, the one in dispute, will fall at point No.17. It is stated that if so reckoned, that post will fall at a point which should have been filled up by transfer method and that therefore, the action of the Manager in filling up the post by direct recruitment is illegal.
Writ Appeal Nos.2609 & 2610 of 2015
:: 7 ::
Secondary School Teacher (Junior). This, therefore, shows that 1:3 ratio is to be applied only in the absence of qualified hands in Junior Lecturer and H.S.S.T.(Junior) and that while reckoning the vacancies which are to be filled up applying 1:3 ratio, the posts which are filled up by transfer from Junior Lecturer/H.S.S.T.(Junior) are to be excluded. If so reckoned, as we have already stated in the earlier part of this judgment, the vacancy which arose on 1.4.2014 in the post of H.S.S.T.(Malayalam) fell at direct recruitment point. Even on such appreciation, it can be seen that action of the Manager in filling up the vacancy by direct recruitment cannot be faulted.
Appeals fail and are accordingly dismissed.
SD/- ANTONY DOMINIC JUDGE
SD/-
A.HARIPRASAD
JUDGE
jes
3 issues framed by the court
Whether the vacant post of H.S.S.T. (Malayalam) arising on 1.4.2014 was to be filled by transfer or by direct recruitment.
Whether the filling up of a previous vacancy (H.S.S.T. English) by direct recruitment altered the quota for the subsequent vacancy.
Whether appended abolished posts affect the calculation of vacancies under the 1:3 ratio rule.
1 provisions across 1 enactments
V.Y.SREELATHA W/O.RAJAMOHAN
THE MANAGER, A.JAYANTAKUMAR R.V.S.M.H.S.S, PRAYAR P.O
THE STATE OF KERALA
THE DIRECTOR OF HIGHER SECONDARY EDUCATION
THE REGIONAL DEPUTY DIRECTOR KOTTAYAM
ANTONY DOMINIC
A.HARIPRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
