The High Court in this Writ Appeal set aside an impugned promotion order (Ext.P9) due to a lack of opportunity of hearing for the Corporate Manager and the teacher, directing the Government to reconsider the matter within three months.
Order impugned set aside; Government directed to reconsider matter within three months.
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 A.MUHAMED MUSTAQUE
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
FRIDAY, THE 20TH DAY OF OCTOBER 2023 / 28TH ASWINA, 1945
WA NO. 673 OF 2023
AGAINST THE ORDER/JUDGMENT IN WP(C) 14916/2010 OF HIGH COURT OF KERALA
APPELLANT/S/PETITIONER:
CORPORATE MANAGER,
CORPORATE EDUCATIONAL AGENCY, ARCH DIOCESE OF
TRICHUR,TRICHUR, PIN - 680005
BY ADVS.
TONY GEORGE KANNANTHANAM
THOMAS GEORGE
RESPONDENT/S/RESPONDENTS:
1STATE OF KERALA,
REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL
EDUCATION DEPARTMENT,GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. (PRESENTLY KNOWN AS) THE DIRECTOR OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM, PIN - 6950143 THE DEPUTY DIRECTOR OF EDUCATION, AYYANTHOLE. P.O. THRISSUR, PIN - 6800034 THE DISTRICT EDUCATIONAL OFFICER, CHAVAKKAD.P.O., THRISSUR, PIN - 6805065 ELSY.K.O., H.S.A (SOCIAL SCIENCE), MATHA HIGH SCHOOL, MANNAMPETTA, THRISSUR DISTRICT, PIN - 6805186 LISIAMMA JOSEPH, H.S.A (ENGLISH), ST. THOMAS H.S.S., MAYANNUR, THRISSUR DISTRICT, PIN - 679105BY ADV V.A.MUHAMMED
THIS WRIT APPEAL HAVING FINALLY HEARD ON 20.10.2023, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WA NO. 673 OF 2023
2
JUDGMENT Dated this the 20th day of October, 2023
A.MUHAMED MUSTAQUE(J)
This is a typical case where, for the first time,
all the reasons which ought to have been formed in the
impugned order, Ext.P9, have found place in the
counter. The issue pertains to a promotion in a leave
vacancy which arose in the petitioner’s school,
St.Thomas H.S., Mayannur with effect from 21.06.2006
to 31.03.2007. The promotion was against the leave
vacancy of one Clara, who availed leave without
allowance with effect from 01.10.2005 to 30.09.2007.
Ext.P9 proceeded as though in the short time vacancy,
an attempt has made to make an appointment from the
open category. In the impugned order, it was noted
that one Lisiamma Joseph, who was working in another
School under the same Corporate Management, holding
the post of HSA English has to be treated as HSA (SS).
The factual foundation and reasoning to arrive such a
conclusion are not reflected in Ext.P9. Further, it
WA NO. 673 OF 2023
3
is apparent that the petitioner and the 5th respondent,
who were appointed in that vacancy were not given an
opportunity of hearing. After looking at Ext.P9, we
are of the view that the matter requires
reconsideration, giving an opportunity to the
Corporate Manager and teacher to place their
grievances. Accordingly, Ext.P9 is set aside. The
Government is directed to reconsider the matter within
a period of three months.
The Writ Appeal is disposed of accordingly.
Sd/A.MUHAMED MUSTAQUE JUDGE
Sd/-
SHOBA ANNAMMA EAPEN
JUDGE
RK
1 issue framed by the court
Whether the promotion order in a leave vacancy was passed without affording an opportunity of hearing to the affected teacher.
Corporate Manager, Corporate Educational Agency, Arch Diocese of Trichur
State of Kerala, represented by Secretary to Government, General Education Department
The Director of Public Instructions, Thiruvananthapuram
The Deputy Director of Education, Ayyanthole
The District Educational Officer, Chakkad
Elsy K O
A.Muhammed Mustaque
Shoba Annamma Eapen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court