Back
2025 Supreme(Online)(KER) 14484
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH MONDAY, THE 10TH DAY OF MARCH 2025 / 19TH PHALGUNA, 1946 WP(C) NO. 9319 OF 2025 PETITIONER\:
VASUDEVAN E.N AGED 40 YEARS S/O E. M. NARAYANAN NAMBUDIRI, LAB ASSISTANT, SREEKRISHNA HSS, ANANDAPURAM, THRISSUR DISTRICT (RESIDING AT EDATHODI MANA, KADAMBUR P.O., OTTAPPALAM, PALAKKAD DISTRICT), PIN - 680305 BY ADVS.
V.A.MUHAMMED M.SAJJAD P.A.JENZIA B.BISMI RESPONDENTS:
1 THE STATE OF KERALA REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE II, THIRUVANANTHAPURAM, PIN - 695001
2 THE DIRECTOR OF GENERAL EDUCATION, (HIGHER SECONDARY EDUCATION WING), NEW BUILDING, ULLOOR LANE, JAGATHY, THIRUVANANTHAPURAM, PIN - 695014
3 THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION, SRV BUILDING, ERNAKULAM DISTRICT, PIN - 682011
4 THE MANAGER SREEKRISHNA HSS, ANANDAPURAM, THRISSUR DISTRICT, PIN - 680305
5 THE PRINCIPAL, SREEKRISHNA HSS, ANANDAPURAM, THRISSUR DISTRICT, PIN - 680305 SMT. ANIMA M.,GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
Dated this the 10th day of March, 2025 The petitioner entered service in the School as Lab Assistant from 01.03.2013. Being qualified, he was granted by-transfer appointment as HSST(Junior) (Economics) from 04.03.2024. Approval to Ext.P1 was declined by the 3rd respondent stating that sanctioned number of posts in the category of HSST (Junior) is five and there is already one HSST (Junior) under by-transfer appointment and therefore the by- transfer appointment granted to the petitioner exceeds
25 % quota.
2. Sanctioned strength of the HSST (Junior) in the School is 5. 25% quota for by-transfer appointment would exhaust within 4 posts in total. There is already one by- transfer appointee in the cadre of HSST (Junior). In view of Ext.P3 circular dated 18.07.2013, by-transfer appointment of the petitioner is perfectly justified and within quota. Going by Ext.P4 also, the appointment of the petitioner is within the permissible limit of by-transfer appointment quota. In Ext.P4, Government have specifically stated that that vacancy arose due to the movement of another by-transfer appointee, should be filled up under by transfer method itself. Cumulative effect of Exts.P3 and P4 is that the appointment of the petitioner covered by Ext.P1 is liable to be approved and Ext.P2 is illegal, contends the petitioner.
3. Ext.P2 is highly arbitrary and illegal. It was issued in violation of principles natural justice. The same was issued without any regard to Exts.P3 and P4. The petitioner filed Ext.P5 Revision Petition before the Government against Ext.P2, which is pending consideration, contends the petitioner.
4. I have heard the learned counsel for the petitioner and the learned Government Pleader representing respondents 1 to 3.
5. The petitioner would submit that the vacancy in the cadre of HSST (Junior) Economics arose when Smt. Geetha D.S., HSST (Junior) Economics retired on 31.05.2023, who was a by-transfer appointee. Ext.P4 specifically stated that vacancy arose due to the movement of another by-transfer appointee, should be filled up under by- transfer method itself. According to the petitioner, the cumulative effect of Exts.P3 and P4 is that appointment of the petitioner is liable to be approved.
6. Raising the grievance, the petitioner has already filed Ext.P5 Revision Petition before the 1st respondent, which is pending. In the circumstances, it would be only just and proper that the 1st respondent considers the grievance of the petitioner in the Revision Petition.
The writ petition is accordingly disposed of directing the
1st respondent to consider Ext.P5 Revision Petition and pass appropriate orders thereon within a period of four months, after giving opportunity of hearing to the petitioner and other affected parties, if any. Pending decision in the Revision Petition, the petitioner shall be paid salary in the lower pay scale.
Sd/-
N.NAGARESH JUDGE hmh APPENDIX OF WP(C) 9319/2025 PETITIONER’S EXHIBITS Exhibit P-1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 04.03.2024 Exhibit P-2 TRUE COPY OF THE ORDER OF THE RDD HSE, ERNAKULAM VIDE NO. RDDHSE/EKM/4287/2024-A3 DATED
27.02.2025 Exhibit P-3 TRUE COPY OF THE CIRCULAR NO.
ACDC1/9000/2013/HSE DATED 18.07.2013 OF THE DIRECTOR OF GENERAL EDUCATION Exhibit P-4 TRUE COPY OF THE G.O(RT) NO.
23/2024/G.EDN. DATED 04.11.2024 Exhibit P-5 TRUE COPY OF THE REVISION PETITION SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT DATED 03.03.2025 (WITHOUT EXHIBITS)
Exhibit P-6 TRUE COPY OF THE CIRCULAR NO.
23323/J1/89/G.EDN DATED 06.11.1989 Exhibit P-7 TRUE COPY OF G.O(RT) NO.
1332/2020/G.EDN DATED 17.03.2020 Exhibit P-8 TRUE COPY OF THE JUDGMENT IN W.P.(C)
NO. 20953/2021 DATED 04.10.2021 Exhibit P-9 TRUE COPY OF THE JUDGMENT IN W.P.(C)
NO. 32084/2017 DATED 09.10.2017 Exhibit P-10 TRUE COPY OF THE JUDGMENT IN W.P.(C)
NO. 33755/2016 DATED 07.12.2016
