K.ANIMOLE Vs. STATE OF KERALA
LAWS(KER)-2024-10-18
HIGH COURT OF KERALA
Decided on October 28,2024

K.Animole Appellant
VERSUS
STATE OF KERALA Respondents


Referred Judgements :-

DEEPA RACHEL GEORGE VS. SHERIN JOSEPH AND ORS. [REFERRED TO]


JUDGEMENT

T.R.RAVI, J. - (1.)The issues involved in these two writ petitions are intrinsically connected and hence the same are heard and disposed of together.
(2.)W.P(C).27781 of 2017 has been filed by Smt.Animole, who was appointed as UPSA under the 6th respondent management with effect from 1/8/2011 in a permanent vacancy. Her appointment was approved by the educational authorities. She was later promoted as Training School Assistant (TSA) with effect from 4/7/2013. The said promotion and the appointment were approved as can be seen from Ext.P1. During the year 2014-2015, the Manager, on a contention that one post of HSA (NS) was reduced, shifted one Smt.Mercy Koshy, HSA(NS) to the post of TSA, which was held by Animole, and ordered the reversion of Animole as UPSA. Ext.P2 is the order. According to Animole, there was no reduction of post of HSA(NS) during 2014-2015. She also contends that Smt.Mercy Koshy was not qualified to be appointed to the post of TSA in terms of the NCTE Regulations of 2014, Ext.P16, which was then in force. The order shifting Smt.Mercy Koshy as TSA was not approved by the Educational Officer. In Ext.P4 order dtd. 14/3/2016, the Government also disapproved of the action. When Ext.P4 was not implemented by restoring Smt.Animole to the post of TSA, she filed W.P(C).No.16838 of 2016 before this Court for implementation of the order. Smt.Mercy Koshy filed W.P(C).No.15106 of 2016 for payment of her salary. Another teacher Smt.E.J.Gracykutty filed W.P(C).No.33063/2015 apprehending that she would be affected as she was junior to Smt.Mercy Koshy. The above three writ petitions were disposed of by this Court by common judgment dtd. 1/6/2016 which has been produced as Ext.P5. This Court directed the Government to reconsider the issue with notice to respondents 4 to 7 in W.P(C).No.33063/2015 and any other teacher who is likely to be affected. It was specifically directed that Smt.Mercy Koshy, Smt.Animole and Smt.Sheeba K. Oommen should also be heard. While so, the Manager had issued Ext.P6(a) proceedings on 28/4/2016 whereby Smt.Sheeba K.Oommen HSA (PS) was shifted as TSA with effect from 15/7/2014. Thereafter, the Government issued Ext.P6 order in purported compliance of the directions of this Court in Ext.P5 judgment. In Ext.P6 order, the Government directed to accommodate Smt.Sheeba K. Oommen against the post of TSA. Smt.Animole has challenged Ext.P6 order in W.P(C).No.27781 of 2017.
(3.)W.P(C).No.15514 of 2017 has been filed by Smt.Sheeba K. Oommen challenging Ext.P7 order dtd. 27/3/2017 which is the order Ext.P6 produced in W.P(C).No.27781 of 2017. She has also challenged Exts.P8 and P9 orders. Ext.P8 produced in W.P(C).No.15514 of 2017 is a letter issued by the District Educational Officer directing the Manager to implement the directions contained in the Government Order dtd. 27/3/2017. Ext.P9 order is the order dtd. 17/5/2017 issued by the Management pursuant to the directions issued in the order dtd. 27/3/2017 wherein Smt.Animole was directed to be transferred and posted as UPSA in St.George VHSS, Chowalloor from 15/7/2014 to 14/7/2015. Smt.Animole was further directed to be transferred and posted as UPSA in St.Mary's MMUPS, Adoor against an existing sanctioned post allowed in terms of G.O.(P).No.29/2016 dtd. 29/1/2016. Smt.Sheeba K.Ommen was transferred and posted as HSA (PS) in MAMHS, Chengamanad with immediate effect and it was ordered that lien adjustment of Smt.Sheeba K.Ommen will be issued after the disposal of W.P(C).No.15514 of 2017.


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