IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 35471 of 2007(W)
1. JIZ MERIN JACOB, H.S.S.T (HISTORY),
... Petitioner
Vs
1. THE DIRECTOR OF HIGHER SECONDARY
... Respondent
2. THE CORPORATE MANAGER,
For Petitioner :SRI.ELVIN PETER P.J.
For Respondent :SRI.BABU VARGHESE
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :10/12/2007
O R D E R
S.SIRI JAGAN, J.
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W.P.(C) No.35471 of 2007(W)
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Dated this the 10th day of December, 2007
JUDGMENT
The petitioner is aggrieved by the non-approval of her
appointment as HSST(History) in the 2nd respondent’s School.
Earlier, the petitioner filed W.P.(C) No.19954/2007 in which there
was a direction to the 1st respondent to consider the claim of the
petitioner. Pursuant to Ext.P4 judgment in that writ petition, the
1st respondent passed Ext.P5 order. The operative portion of it
reads thus:
“When the irregularity was noticed, the Manager ought to
have reverted the 2nd rank holder and appointed the 1st
rank holder in the first sanctioned post. This was not done.
However, Department on receiving a representation from
Smt.Jiz Merin Jacob and on verifying the proposal from the
Corporate Manager had issued necessary directions to the
Corporate Manager to give notional seniority to Smt.Jiz Merin
Jacob with effect from 18.9.2000 and to forward the proposal
appointing her as HSST(Jr.) w.e.f. 15.7.2000 in accordance
with the staff fixation in respect of CMS College HSS,
Kottayam for the academic year 2001-02 and appoint her as
HSST(Full-time post) in the first arising vacancy. It was
further observed that the financial loss caused to Smt.Jiz
Merin Jacob consequent on the irregular appointment made
by the Manager, should be met by him, if claimed by the
incumbent.
The Director of Higher Secondary Education sticks on
to the decision already taken. Hence, in compliance with theW.P.(C) No.35471/2007(W) -2-
judgments referred to, orders on the above lines is issued for
immediate follow up action by the appointing authority.
The Corporate Manager of CMS College HSS has,
however, informed that he has requested Government to
sanction Humanities batch in CMS College HSS, Kottayam
from 2000-01 academic year onwards. So that the problems
will be settled amicably by appointing Smt.Jiz Merin Jacob in
the first sanctioned post. This clearly shows that she is the
senior eligible hand for the post she being the 1st rank holder
in the selection process. It is purely a matter of Government
decision. It is therefore, directed that necessary steps may
be taken by the Manager to get the appointment of Smt.Jiz
Merin Jacob as HSST(Jr.) during 2001-02 and as HSST w.e.f.
2002-03 onwards as per the existing staff fixation approved.
In the circumstances mentioned, Ext.P5 representation
of Smt. Ancy Susan Abraham is found meritless and stands
dismissed.”
2. The grievance of the petitioner is that in spite of
Ext.P5 order, the 2nd respondent is not taking appropriate steps
to get the petitioner’s appointment properly approved. The
learned Government Pleader submits that the 1st respondent is
unable to take further steps in the matter only because the
2nd respondent is not taking appropriate steps in matter as
directed in Ext.P5 order. In spite of receipt of notice the 2nd
respondent has not chosen to contest the writ petition. In the
above circumstances, this writ petition is disposed of with
following directions:
The 2nd respondent shall within a period of two weeks
from the date of receipt of a copy of this judgment take
W.P.(C) No.35471/2007(W) -3-
appropriate steps for getting the appointment of the petitioner
approved, as directed in Ext.P5 judgment. On receipt of the
same 1st respondent shall pass appropriate orders on the
approval of the petitioner’s appointment. If the 2nd respondent
does not take appropriate steps as directed above, 1st
respondent shall take appropriate steps against the 2nd
respondent for disqualifying him as manager.
The writ petition is disposed of as above.
S.SIRI JAGAN,
JUDGE
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