The High Court of Kerala dismissed the writ appeal which challenged the Single Judge's decision. The Single Judge had dismissed the original writ petition filed by a teacher contending that government orders denying service seniority were unconstitutional and arbitrary.
Writ appeal dismissed holding the appellant had no cause of action.
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
MONDAY, THE 18TH DAY OF JANUARY 2016/28TH POUSHA, 1937
W.A.No. 51 of 2016 IN WP(C)33197/2015
AGAINST THE JUDGMENT IN WP(C) 33197/2015 of HIGH COURT OF KERALA DATED 30-10-2015
APPELLANT/APPELLANT IN WP(C):
ANTU A.D., AGED 44, S/O.DEVASSY.A.D., AKKARA HOUSE, P.O.MATTOM NOW WORKING AS HSST (MALAYALAM) ST. FRANCIS HIGHER SECONDARY SCHOOL, MATTOM THRISSUR DISTRICT.
BY ADV. SRI.PAULSON THOMAS
RESPONDENTS/RESPONDENTS IN WP(C):
BY SR. GOVERNMENT PLEADER RINNI STEPHEN CHAMAPARAMBIL
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 18-01-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ANTONY DOMINIC & A.HARIPRASAD, JJ.
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Writ Appeal No.51 of 2016
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Dated this the 18th day of January, 2016
JUDGMENT
Antony Dominic, J.
Heard the counsel for the appellant and the learned Government Pleader appearing for the respondents.
i) declare that P4 GO to the extent it declared vide para 4 and 5 that Ext.P3 GO herein does not confer any service seniority to the part time HSST but it only granted full time scale of pay to them and that such teachers cannot be regarded as full time HSSTs is arbitrary, discriminator, unreasonable, irrational and violative of Article 14.
ii) issue a writ of certiorari quashing P4 to the extent it declared vide para 4 and 5 that Ext.P3 GO herein does not confer any service seniority to the part time HSST but it only granted full time scale of pay to them and that such teachers cannot be regarded as full time HSSTs is arbitrary, discriminator, unreasonable, irrational and violative of Article 14.
iii) declare that the petitioner and the beneficiaries of P3 GO r/w P2 are entitled to be treated as HSSTs for all purposes including seniority in the post of HSST w.e.f. the date from which the benefit of P3 is conferred on them as per their approval orders (16.10.2000 as per P1 in the case of the petitioner).
Writ Appeal No.51 of 2016
: 2 :
Appeal fails and it is dismissed accordingly.
Sd/- ANTONY DOMINIC
JUDGE
Sd/-
A.HARIPRASAD JUDGE
jes
3 issues framed by the court
Whether the Single Judge's dismissal of the writ petition filed by a teacher challenging government orders regarding service seniority was correct as there was no cause of action.
Whether the appellants' maintenance of a challenge against government orders was apprehensive in nature.
Whether a teacher denied service seniority under government orders has a current cause of action to approach the High Court.
ANTU A.D.
STATE OF KERALA REPRESENTED BY THE SECRETARY GENERAL EDUCATION DEPARTMENT
DIRECTOR OF HIGHER SECONDARY EDUCATION
REGIONAL DIRECTOR OF HIGHER SECONDARY EDUCATION, EDAPPALLY
THE DISTRICT EDUCATIONAL OFFICER CHAVAKKAD
ANTONY DOMINIC
A. HARIPRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
