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HIGH COURT OF KERALA
K.SURENDRA MOHAN, ANNIE JOHN, JJ
AMBILI RAMACHANDRAN – Appellant
Versus
STATE OF KERALA – Respondent
WRIT APPEAL 2608/2017
Appointment - Educational Service - [Relevant Acts and Sections] - The court discussed the procedural provisions for appointments in educational institutions, emphasizing the necessity for promotions to comply with governmental orders and the prevailing subject structure to find the appellant's claims justified during the relevant time frame.
Fact of the Case:
The appellant challenged the denial of approval for her promotion to Higher Secondary Assistant due to a prior legal dispute affecting another's promotion. Despite her working in the capacity of HSA, her promotion was contested in court, leading to multiple writ petitions and governmental reviews over several years.
Finding of the Court:
The court found that the appellant was entitled to her promotion as HSA(Mathematics) effective from 06.08.1999, asserting that the relevant government order did not apply retroactively to alter prior entitlements granted during the disputes. The court emphasized the need to rightfully accommodate her in the existing vacancy based on her past approvals.
Issues: The primary issue was whether the appellant was entitled to be appointed as HSA(Mathematics) in light of past promotions, governmental orders, and existing staff fixation orders. The legitimacy of her prior working claims against the backdrop of administrative changes and court rulings was also pivotal.
Ratio Decidendi: The court held that earlier governmental orders did not negate the appellant's promotion rights, particularly given the interim order resolution timeline that inadvertently affected her status. The case highlighted the significance of maintenance of prior approvals even amidst administrative changes and legal challenges.
Final Decision: The appeals are allowed; the judgment of the learned Single Judge is set aside, and the order permitting the appellant's appointment as HSA(Mathematics) is restored.
J U D G M E N T
Surendra Mohan, J.
These Writ Appeals are directed against a common judgment dated 16.11.2017 of the learned Single Judge finally disposing of W.P.(C) No.20392 of 2008, W.P.(C) No.20540 of 2008 and W.P.(C) No.25831 of 2008. All the three appeals are filed by the very same person, Smt. Ambili Ramachandran. W.A.No.2607 of 2017 is filed by her challenging the judgment in W.P.(C) No.20392 of 2008. She was the 6th respondent in the said Writ Petition. W.A.No.2608 of 2017 is filed by her challenging W.P.(C) No.25831 of 2008, where she was the writ petitioner. W.A.No.2617 of 2017 is filed by her against the judgment in W.P.(C) No.20540 of 2008. Since common issues are involved, all the appeals have been heard together and are disposed of by this common judgment. The disputes relate to appointment to the post of High School Assistant (HSA), A.E.P.M. Higher Secondary School, Irumanangad, Kollam District. The parties and exhibits are referred to in the manner in which they are described in W.A.No.2607 of
2017.
2. The appellant was appointed as an Upper Primary School Assistant (UPSA for short) in the said school on 03.06.1996. While she was continuing as such, one vacancy of HSA(Mathematics) arose on 03.08.1998 when another teacher one Smt. K.G.Santha was promoted as Headmistress of the School. The appellant was thereupon promoted to the said post. However, her promotion was not approved for the reason that, the promotion of Smt. K.G.Santha as Headmistress was challenged by one Sri.Sambasivan HSA(Sanskrit). There were a number of Writ Petitions in this Court filed at the instance of the said person. While so, another teacher, one Smt.Girijakumari was promoted as a Higher Secondary School Teacher. Thereupon, the Manager shifted the appellant to the said vacancy on 16.09.1998. Her appointment to the said post was duly approved by the educational authorities.
3. In the above circumstances, during the academic year 1998-99, there was a division fall resulting in a reduction in the number of posts. There were only three posts of HSA (Mathematics) available in the school. The appellant was therefore reverted as a UPSA and granted protection. However, her case is that, she continued to work as an HSA and to engage classes for the High School students. The said situation continued up to the year 2003. However, when there was a reduction in the posts of UPSA, the appellant was deployed to another school. Thus, with effect from 08.07.2003 she was deployed and protected as LPSA/UPSA up to 07.02.2006.
4. Meanwhile, the dispute between Smt.K.G.Santha and Sri. Sambasivan was pending consideration of this Court. Initially, as per an interim order granted by this Court, Sri. Sambasivan was functioning as the Headmaster up to 05.08.1999. During the said period, Smt.K.G,Santha was working as an HSA (Mathematics), which factor also affected the continuance of the appellant in the school, since there were only three posts of HSA(Mathematics) available. The dispute between Smt. K.G.Santha and Sri. Sambasivan was finally settled by exhibit R6(a) order dated 13.02.2004 appointing Smt. K.G.Santha as Headmistress with effect from 06.08.1999. She was also paid her salary and all other benefits, with effect from the said date. The appellant thereupon staked a claim for the grant of approval to her appointment as HSA(Mathematics) with effect from the said date. As per exhibit P7 proceedings dated 30.01.2006, the Deputy Director of Education, Kollam decided in her favour.
5. In the meanwhile, the Government issued Exhibit P4 order dated 07.01.2002 stipulating that a new cadre of HSA (English) be created in all aided and Government schools by reallocating some of the periods to English from those allocated to core subjects (Mathematics, General Science and Social Studies) in a phased manner. The Manager of the school thereupon appointed one Sri.M.V.Manuja as HSA (English) on 13.08.2002. According to the Manager, the appointment was made to the vacancy t
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