The High Court set aside an order that interfered with the petitioner's appointment without a hearing, directing the respondent to reconsider the matter after hearing all parties within two months.
Impugned order set aside; 2nd respondent directed to reconsider matter within two months after hearing petitioner and respondents.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
THURSDAY ,THE 13TH DAY OF SEPTEMBER 2018 / 22ND BHADRA, 1940
WP(C).No. 4482 of 2018
PETITIONER/S:
SINI M.S H.S.S.T JUNIOR (PHYSICS), ST.AUGUSTINE'S HIGHER SECONDARY SCHOOL,AROOR, ALAPPUZHA DISTRICT, PIN - 688 530.
BY ADVs. SRI.ELVIN PETER P.J. SRI.GANESH K.R.
RESPONDENT/S:
4 SMT.JENNY VINCENT H.S.A (PHYSICAL SCIENCES),ST.MARY'S HIGH SCHOOL, CHELLANAM, ERNAKULAM DISTRICT,PIN - 682 008.
R4 BY ADVS. SRI.V.E.ABDUL GAFOOR SRI.A.MOHAMMED SAVAD SRI.A.RENJIT SRI.C.Y.VINOD KUMAR SRI.T.T.MUHAMOOD
OTHER PRESENT:
R1 & R2 SRI.B UNNIKRISHNA KAIMAL, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13.09.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.4482/2018
2
J U D G M E N T
The petitioner claims that she was appointed as H.S.S.T (Jr.) Physics by the 3rd respondent as per Ext.P4 dated 29.06.2017. The appointment was challenged by the 4th respondent in W.P.(C) No.20718 of 2017. This Court directed the 2nd respondent to take decision on the objection raised by the 4th respondent. Thereafter, the 2nd respondent, by Ext.P9 order, interfered with the appointment stating that the vacancy could have been only filled through by transfer appointment. It was directed the Manager to fill that vacancy by making by transfer appointment. It appears that the petitioner was not heard in the matter. Therefore, it is appropriate that the petitioner be heard before taking a decision.
Accordingly, the impugned order is set aside. The 2nd respondent is directed to reconsider the matter, after hearing the petitioner and respondents 3 and 4, within a period of two months.
This writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
W.P.(C) No.4482/2018
3
APPENDIX
PETITIONER'S/S EXHIBITS:
| EXHIBIT | P1 | TRUE COPY OF THE NOTIFICATION ISSUED BY THE 3RD RESPONDENT IN THE MALAYALA MANORAMA DAILY DATED 29.4.2016. |
|---|---|---|
| EXHIBIT | P2 | TRUE COPY OF G.O(RT) NO. 1357/2017/G.EDN. DATED 12.5.2017. |
| EXHIBIT | P3 | TRUE COPY OF THE MINUTES OF THE MEETING OF THE SELECTION COMMITTEE. |
| EXHIBIT | P4 | TRUE COPY OF THE ORDER NO.7/2017 DATED 29.6.2017 ISSUED BY THE 3RD RESPONDENT. |
| EXHIBIT | P5 | TRUE COPY OF THE ORDER DATED 1.6.2010 APPOINTING THE 4TH RESPONDENT AS UPSA. |
| EXHIBIT | P6 | TRUE COPY OF THE ORDER NO.B1/07/2016 DATED 1.6.2016 ISSUED BY THE 3RD RESPONDENT PROMOTING THE 4TH RESPONDENT AS H.S.A (PHYSICAL SCIENCE). |
| EXHIBIT | P7 | TRUE COPY OF THE ORDER NO. B5/2017 DATED 31.5.2017 APPOINTING SMT.GINI AUGUSTIN AS U.P.S.A, ISSUED BY THE 3RD RESPONDENT. |
| EXHIBIT | P8 | TRUE COPY OF THE JUDGMENT DATED 22.2.2017 IN WP(C) NO. 20718/2017 OF THIS HON'BLE COURT. |
| EXHIBIT RESPONDE |
P9 NTS' EXHIBITS : NIL |
TRUE COPY OF THE ORDER NO.5434/C2/2017/RDD/CNGR DATED 23.1.2018 ISSUED BY THE 2ND RESPONDENT. |
True Copy
P.S to Judge.
smp
3 issues framed by the court
Whether the impugned order interfering with the petitioner's appointment stands set aside for hearing of the petitioner?
Whether the 2nd respondent is directed to reconsider the matter after hearing all parties?
Whether the appointment of the petitioner as H.S.S.T (Junior) Physics was legally valid despite the transfer appointment requirement?
Sini M.S H.S.S.T Junior (Physics)
Director of Higher Secondary Education
Regional Deputy Director of Higher Secondary Education
The Corporate Manager, Corporate Educational Agency
Smt. Jenny Vincent H.S.A (Physical Sciences)
A.Muhamed Mustaque
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
