2025:KER:27486 OP(KAT) NO. 147 OF 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE & THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR TUESDAY, THE 1ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947 OP(KAT) NO. 147 OF 2025 AGAINST THE ORDER DATED 06.08.2024 IN OA (EKM) NO.1732 OF 2023 OF KERALA ADMINISTRATIVE TRIBUNAL AT THIRUVANANTHAPURAM (ADDITIONAL BENCH, ERNAKULAM) PETITIONERS/RESPONDENTS IN OA: 1 THE STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAMKERALA, PIN - 695001 2 THE DIRECTOR OF GENERAL EDUCATION, JAGATHY P.O., THIRUVANANTHAPURAM, KERALA, PIN - 695014 3 DEPARTMENTAL PROMOTION COMMITTEE (LOWER) , REPRESENTED BY ITS CONVENER AND DIRECTOR OF GENERAL EDUCATION, JAGATHY P.O., THIRUVANANTHAPURAM, PIN - 695014 BY SRI.A.J.VARGHESE, SR.GP RESPONDENT: REENA P.P.,W/O. JOSE GEORGE, HEAD MISTRESS, GLPS CHULIKKA, MEPPADI P.O., 2025:KER:27486 OP(KAT) NO. 147 OF 2025 2 WAYANAD – 673 577, RESIDING AT MADATHIPARAMBIL, PUTHOORVAYAL P.O.,MEPPADI, WAYANAD,KERALA, PIN – 673577 THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR ADMISSION ON 01.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:27486 OP(KAT) NO. 147 OF 2025 3 JUDGMENT A.MUHAMED MUSTAQUE, J This Original Petition is filed by the State challenging an order of the Tribunal. In our view, the entire issue arose due to a misinterpretation of the request made by the respondent, who was the applicant before the Tribunal, for repatriation as a High School Assistant (HSA). 2. Admittedly, she was appointed as an HSA, and her appointment was confirmed after the declaration of probation. Therefore, she holds a lien on the post of HSA. While officiating as an HSA, she was appointed as Headmistress at Govt. L.P. School, Puthumala, Wayanad, on 27.10.2021. However, she was not confirmed in that post and is therefore entitled to repatriation as an HSA based on her lien. She made this request when the select list was prepared for HM/AEO of the High School section. This was considered as a request for promotion from the feeder category of PD Teacher to the post of Headmaster in the High School section. In reality, the petitioner’s request is for repatriation as an HSA and, thereafter, for consideration for promotion as Headmaster. If this had been correctly understood, the request for repatriation should have been allowed, and subsequently, she should have been 2025:KER:27486 OP(KAT) NO. 147 OF 2025 4 considered for promotion as HM/AEO in the High School section. 3. In such circumstances, we are of the view that Annexure A6 must be set aside, as rightly done by the Tribunal. The request for repatriation to the post of HSA shall be considered immediately, and if granted, all subsequent requests for promotion based on seniority for appointment as HM of the High School Section or AEO shall also be considered. 4. Clarifying the impugned order as above, we dispose of the Original Petition. However, we make it clear that the vacancy, which was directed to be kept vacant by the Tribunal, shall remain on hold in accordance with the above directions. The entire process shall be completed within two months . The Original Petition is disposed of. Sd/- A.MUHAMED MUSTAQUE JUDGE Sd/- P. KRISHNA KUMAR JUDGE GBG 2025:KER:27486 OP(KAT) NO. 147 OF 2025 5 APPENDIX OF OP(KAT) 147/2025 PETITIONER'S ANNEXURES & EXHIBITS ANNEXURE A1 TRUE COPY OF ORDER NO. S.Y(1)/60000/2015/DPI DATED 23.03.2019 ISSUED BY THE 2ND RESPONDENT. ANNEXURE R1(A) TRUE COPY OF RELEVANT EXTRACT OF THE FINAL SENIORITY LIST OF HSAS FOR THE PERIOD FROM 01.01.2001 TO 31.12.2006 ANNEXURE A2 TRUE COPY OF CIRCULAR NO.D6/7953/2023/DGE DATED 17.05.2023 ISSUED BY THE 2ND RESPONDENT. ANNEXURE A3 TRUE COPY OF SELECT LIST FOR THE POST OF HM/AEO FOR THE YEAR 2023 ISSUED AS PER NOTIFICATION NO. D6/7953/2023/DGE DATED 25.07.2023. ANNEXURE A4 TRUE COPY OF ORDER NO. D5/6/2023/FGE DATED 29.09.2023 ISSUED BY THE 2ND RESPONDENT. ANNEXURE A5 TRUE COPY OF OBJECTIONS DATED 08.08.2023 SUBMITTED BY THE APPLICANT BEFORE THE 2ND RESPONDENT. ANNEXURE A6 TRUE COPY OF LETTER NO. DGE/15083/2023-D6 DATED 15.09.2023 ISSUED BY THE 2ND RESPONDENT TO THE APPLICANT. ANNEXURE A7 TRUE COPY OF COMMON ORDER DATED 04.01.2023 IN OA(EKM) NO. 1449 OF 2021 AND CONNECTED CASES. ANNEXURE R2(A) TRUE COPY OF THE SPECIAL RULE OF THE GENERAL EDUCATION SERVICE, CATEGORY 2 IN CLASS II ANNEXURE A8 TRUE COPY OF ORDER NO.D5/1/2024/DGE DATED 19.04.2024 ISSUED BY THE 2ND RESPONDENT 2025:KER:27486 OP(KAT) NO. 147 OF 2025 6 ANNEXURE P1 TRUE COPY OF THE ORDER DATED 106.08.2024 IN OA(EKM) NO. 1732 OF 2023. ANNEXURE P2 TRUE COPY OF LETTER DATED 14.10.2024 SUBMITTED BY THE PETITIONER TO THE RESPONDENT EXHIBIT P1 TRUE COPY OF THE O.A. (EKM) NO.1732/2023 ALONG WITH ANNEXURES EXHIBIT P2 TRUE COPY OF THE REPLY STATEMENT FILED ON BEHALF OF THE 2ND RESPONDENT ALONG WITH THE ANNEXURE. EXHIBIT P3 TRUE COPY OF M.A.(EKM) NO.826/2024 ALONG WITH ANNEXURE EXHIBIT P4 TRUE COPY OF THE ORDER IN OA(EKM)NO.1732/2023 DATED 06.08.2024 OF THE HON’BLE TRIBUNAL. EXHIBIT P5 TRUE COPY OF THE C.P.(EKM) NO.18/2025 ALONG WITH ANNEXURES