Partly allowed

P.L.Sabu v. the Director

Kerala HC16 Nov 2016WP(C)/15260/2014

Case brief

AI extract

What is this about?

The Court set aside the seniority list and promotion order of the 7th respondent, which reckoned service as both HSST (Junior) and HSST. Relying on Nanminda H.S.S., the Court directed the respondent to reconstitute the list using only HSST service and issue a fresh promotion order within a stipulated time.

What did the court decide?

Exhibit P2 seniority list and Exhibit P3 promotion order set aside; Respondent directed to prepare new seniority list based on HSST service only within three months.

P.L.Sabu Vs the Director — Pension and Retirement Benefits | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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WEDNESDAY, THE 16TH DAY OF NOVEMBER 2016/25TH KARTHIKA, 1938

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WP(C).No. 15260 of 2014 (F)

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PETITIONER :

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P.L.SABU,

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HIGHER SECONDARY SCHOOL TEACHER (CHEMISTRY), SREE NARAYANA GURUKULAM HIGHER SECONDARY SCHOOL, CHEMPAZHANTHI, THIRUVANANTHAPURAM DISTRICT.

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BY ADVS.SRI.B.UNNIKRISHNA KAIMAL SRI.V.MADHUSUDHANAN

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RESPONDENT(S):

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1. THE DIRECTOR, HIGHER SECONDARY EDUCATION,

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HOUSING BOARD BUILDING, SANTHI NAGAR, THIRUVANANTHAPURAM -695 001.

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2. THE REGIONAL DEPUTY DIRECTOR, HIGHER SECONDARY EDUCATION, 4TH FLOOR,

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CORPORATION BUILDING, PALAYALAM, THIRUVANANTHAPURAM - 695 033.

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3. THE REGIONAL DEPUTY DIRECTOR, HIGHER SECONDARY EDUCATION, VAYASKARA KUNNU,

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KOTTAYAM -686 033.

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4. SUNITHA .L., PRINCIPAL,

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SREENARAYANA GURUKULAM HIGHER SECONDARY SCHOOL, CHEMPAZHANTHI, THIRUVANANTHAPURAM - 695 587.

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5. SUMAM.A., PRINCIPAL,

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SREE NARAYANA TRUST HIGHER SECONDARY SCHOOL, PUNALUR, KOLLAM-691 305.

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6. JAYAN.U., PRINCIPAL,

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SREE NARAYANA TRUST HIGHER SECONDARY SCHOOL, CHERTHALA, ALAPPUZHA - 688 524.

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2/-

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-2-

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WP(C).NO.15260/2014

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7. THE MANAGER, CORPORATE MANAGEMENT SREE NARAYANA

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TRUST SCHOOLS, KOLLAM - 691 001.

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R1 TO R3 BY GOVERNMENT PLEADER SRI.BIJOY CHANDRAN R4 BY ADV. SRI.G.S.REGHUNATH R5 BY ADVS. SRI.P.MARTIN JOSE SRI.P.PRIJITH R6 BY ADVS. SRI.V.A.MUHAMMED SRI.V.RAJASEKHARAN NAIR R7 BY ADV. SRI.A.N.RAJAN BABU

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16-11-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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sts

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WP(C).No. 15260 of 2014 (F)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXT.P1:	TRUE COPY OF THE OBJECTION DATED 25/10/2011 SUBMITTED BY THE PETITIONER BEFORE THE 7TH RESPONDENT.
EXT.P2:	TRUE COPY OF THE FINAL SENIORITY LIST OF HIGHER SECONDARY SCHOOL TEACHERS PUBLISHED BY THE 7TH RESPONDENT.
EXT.P3:	TRUE COPY OF THE ORDER NO.SNT/66/2012 DATED 1/10/2012 ISSUED BY THE 7TH RESPONDENT.
EXT.P4:	TRUE COPY OF THE ORDER NO.SNT/66/2012 DATED 22/10/2012 ISSUED BY THE 7TH RESPONDENT.
EXT.P5:	TRUE COPY OF THE REPRESENTATION DATED 25/10/2012 SUBMITTED BY THE PETITIONER BEFORE 7TH RESPONDENT.
EXT.P6:	TRUE COPY OF THE REPRESENTATION DATED 5/11/2012 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT.
EXT.P7:	TRUE COPY OF THE INFORMATION SOUGHT BY THE PETITIONER UNDER THE RIGHT TO INFORMATION ACT FROM THE REGIONAL DEPUTY DIRECTOR OF EDUCATION, THIRUVANANTHAPURAM.
EXT.P7(A):	TRUE COPY OF THE REPLY DATED 14/11/2012 OF THE INFORMATION OFFICER.
EXT.P8:	TRUE COPY OF THE LETTER DATED 8/10/2013 OF THE 2ND RESPONDENT ISSUED TO THE 7TH RESPONDENT.
EXT.P9:	TRUE COPY OF THE REPRESENTATION DATED 25/3/2014 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
EXT.P10:	TRUE COPY OF THE REPRESENTATION DTED 25/3/2014 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.
RESPONDEN ------------------	T(S)' EXHIBITS ----------------------
EXT.R4(A):	TRUE COPY OF THE SPECIAL RULES FOR THE HIGHER SECONDARY SCHOOL
EXT.R4(B):	TRUE COPY OF THE ORDER DATED 22/10/2012 OF THE GENERNAL MANAGER, S.N. TRUSTS SCHOOLS, KOLLAM
EXT.R4(C):	TRUE COPY OF THE DECLARATION OF MANAGER, S.N. TRUSTS SCHOOLS, KOLLAM DATED 22/10/2012

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2/-

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-2-

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WP(C).NO.15260/2014

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EXT.R4(D):	TRUE COPY OF THE DECLARATION FOR APPROVING THE APPOINTMENT OF THE 4TH RESPONDENT AS PRINCIPAL DATED 22/10/2012
EXT.R4(E)	COPY OF THE PROCEEDINGS DATED 01/10/2012 OF THE MANAGER, S.N.TRUSTS SCHOOLS, KOLLAM
EXT.R4(F)	COPY OF THE CERTIFICATE DATED 22/08/2000 ISSUED TO THE 4TH RESPONDENT FOR THE PASSING OF STATE ELIGIBILITY TEST
EXT.R4(G)	COPY OF THE CERTIFICATE DATED 23/09/2009 ISSUED TO THIS RESPONDENT FOR PASSING DEPARTMENTAL TEST.

/TRUE COPY/

P.S.TO JUDGE

sts

ANU SIVARAMAN, J.

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----------------------------------------------W.P(C).No. 15260 of 2014

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----------------------------------------------Dated this the 16^th November, 2016

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JUDGMENT

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The challenge in this writ petition is against Exhibit P2 seniority list as also Exhibit P3 promotion list to the post of Principal in the school under the management of the 7^th respondent. The petitioner contends that going by Rule 4 of Chapter XXXII of KER, the services put in by teachers as Higher Secondary School Teacher (HSST) alone is to be reckoned for seniority and promotion to the post of Principal in Higher Secondary Schools. It is stated that by Exhibit P3 order, persons, who have been appointed as HSST later than the petitioner, who have long service taking the period of HSST and HSST (Junior) put together, have been appointed. It is therefore contended that Exhibit P2 seniority list is not one prepared in accordance with the rules, and therefore, Exhibit P3 order is unsustainable.

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The learned counsel has placed reliance on a bench decision of this Court reported in Nanminda H.S.S. v. Director of H.S.E. [2015(3) KLT 307], wherein it has been held that the period of service put in by teachers as Higher Secondary School Teachers alone is to be reckoned for the purpose of fixing seniority for promotion to the post of Principal in terms of Rule 4 of Chapter XXXII KER. The petitioner contends that Exhibit P2 seniority list has to be recast in terms of the

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WP(C).15260/14

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declaration of law made by this Court and in terms of the clear provisions contained in Rules 4 and 6 of Chapter XXXII KER.

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Heard learned counsel for the petitioner and the learned Government Pleader appearing for respondents 1 to 3 as also the learned counsel appearing for respondents 4, 5, 6 and 7.

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From a reading of the judgment of the Division Bench in Nanminda H.S.S's case (supra), it is clear that experience as HSST (Junior) is intended to be included while reckoning seniority for promotion as HSST, for the purpose of promotion to the post of Principal in Aided Higher Secondary Schools. It was held that the provisions of Chapter XXXII KER do not permit an interpretation that HSST (Junior), who gets promoted as HSST, is entitled to reckon the experience again as HSST (Junior) for the purpose of seniority for promotion to the post of Principal. It is seen from a perusal of Exhibit P2 and the dates of appointments to the respective categories of HSST (Junior) and HSST as pleaded in the writ petition that Exhibit P2 seniority list is prepared taking the service as HSST (Junior) and HSST together for fixing the seniority. It is admittedly based on Exhibits P2 and P3 that the promotion list has been prepared.

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In the above view of the matter, Exhibits P2 and P3 cannot stand in the light of the declaration of law as contained in the bench decision reported in Nanminda H.S.S's case (supra). Exhibits P2 and P3 orders are, therefore, set aside. It is directed that the 7^th

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WP(C).15260/14

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respondent shall prepare a seniority list of HSST in accordance with Rules 4 and 6 of Chapter XXXII KER and following the principles laid down by this Court in Nanminda H.S.S's case (supra). The said list shall be prepared taking into account the length of service as HSST and further orders of promotion as Principal shall be made on the basis of the list so prepared and finalised. The entire procedure for preparation and finalisation of seniority list as directed above shall be completed by the 7^th respondent within three months from the date of receipt of a copy of this judgment. Thereafter, order of promotion as Principal in the Higher Secondary Schools shall be issued by the 7^th respondent in accordance with the seniority list so finalised, taking into account the dates of occurrence of vacancy in the said posts. After reworking such promotion list on the basis of the finalised seniority list, the 7^th respondent shall forward the promotion list for approval to the 1^st respondent, who shall consider such promotion list and pass orders thereon within a period of one month from the date of such list. Till such orders are passed by the 1^st respondent as directed above, the present arrangement contained in Exhibit P3 will continue.

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The writ petition is ordered as above.

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ANU SIVARAMAN

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JUDGE

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vgs15/11

P.L.Sabu v. the Director

Case brief

What is this about?

What did the court decide?

P.L.Sabu v. the Director

Case brief

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