WP(C)/35869/2019 of MANJU SARASWATHY, Vs THE DIRECTOR GENERAL, HQ DGNCC, on 31 December 2019

JUDGMENT

Dated this the 31st day of December 2019

The petitioner seeks to quash Ext P10 order passed by the second respondent.

2. The case of the petitioner is that, she is aretired Lieutenant, who rendered army service from21.8.1998 to 20.08.2003. On 16.2.2009, she joinedKendriya Vidyalaya, Nagercoil, as a primary teacherand later was transferred to the Kendriya Vidyalaya atPangode.

3. By Ext P6, she was appointed as theContingent Lady Officer for the period from 6.12.2019to 2.2.2020 for the Republic Day Contingent of NCC.As per Ext P5 order passed by the third respondent, theselection list for training of Republic Day CampContingent, 2020, the petitioner was included in thelist as serial No.K.

4. The petitioner asserts that, after obtainingpermission from the Deputy Commissioner of KendriyaVidyalaya, Sangathan Regional Officer at Ernakulamvide. Ext P5 dated 3.12.2019, she was relieved from theschool from 6.12.2019 to 2.2.2020. Ext P9substantiates that she attended the SAP Camp atPeroorkada.

The petitioner asserts that, after obtaining

5. While matters stood so, the secondrespondent passed Ext P10 order appointing the fourthrespondent as the Contingent Lady Officer in place ofthe petitioner. The petitioner is aggrieved by Ext P10,and has submitted Ext P12 representation before thefirst respondent, airing out her grievance.

While matters stood so, the second

6. According to the petitioner, the decision of thesecond respondent to substitute the fourth respondentin her place is not supported by any rule and, therefore,Ext P10 is arbitrary and liable to be quashed.

counsel for the petitioner and the learned AssistantSolicitor General of India, the counsel for therespondents 1 to 3.

8. It is an undisputed fact, as discernible fromthe records, that as per Ext P6 order, the petitioner wasincluded as serial No.K, the selection list for training ofthe Republic Day Camp Contingent, 2020, and by ExtP7 the petitioner obtained permission from the DeputyCommissioner of Kendriya Vidyalaya, SangathanRegional Office and was relieved from the school forthe purpose of working as a Contingent Lady Officer forthe period from 6.12.2019 to 2.2.2020. However, thesecond respondent by Ext P10 has ordered that thefourth respondent to be more suitable to the post ofContingent Lady Officer than the petitioner. Ext P11consequential order has also been issued. The secondrespondent has passed Ext P10 order with his ownreasons. Nevertheless, the petitioner was not heard inthe matter, particularly after she was relieved from her

Conclusion

school. Whether or not Ext P10 decision taken by thesecond respondent is justiciable? is the question to bedecided. I leave it there because Ext P-12representation is pending consideration before the firstrespondent.

9. In view of the fact that the petitioner hasalready submitted Ext P12 representation before thefirst respondent, which is pending consideration,without expressing anything on merit, I deem it justand appropriate to direct the first respondent toconsider Ext P12 representation, as expeditiously aspossible, at any rate before 8.1.2020.

In view of the fact that the petitioner has The writ petition is ordered accordingly.

SKS/31.12.2019

Sd/-

C.S.DIAS

JUDGE

APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1TRUE PHOTOCOPY OF THE ARMY SERVICE CERTIFICATE DATED 26/09/2003 OF THE PETITIONER.CERTIFICATE DATED 26/09/2003 OF THE PETITIONER.

EXHIBIT P2TRUE PHOTOCOPY OF THE CAMP CERTIFICATED DATED NIL ISSUED BY THE CAMP COMMANDANT IN JANUARY 2014 TO THE PETITIONER.DATED NIL ISSUED BY THE CAMP COMMANDANT IN JANUARY 2014 TO THE PETITIONER.

EXHIBIT P3TRUE PHOTOCOPY OF THE CAMP CERTIFICATED DATED 01/08/2014 ISSUED BY THE WING COMMANDANT TO THE PETITIONER.DATED 01/08/2014 ISSUED BY THE WING COMMANDANT TO THE PETITIONER.

EXHIBIT P4TRUE PHOTOCOPY OF THE CAMP CERTIFICATED DATED 12/08/2017 ISSUED BY THE CAMP COMMANDANT IN JANUARY 2014 TO THE PETITIONER.DATED 12/08/2017 ISSUED BY THE CAMP COMMANDANT IN JANUARY 2014 TO THE PETITIONER.

EXHIBIT P5TRUE PHOTOCOPY OF ORDER DATED 02/12/2019, THE SELECTION LIST FOR TRAINING OF RDC (REPUBLIC DAY CAMP) CONTINGENCE, 2020 PRE RD-III (15TH DEC SAP, PEROORKADA) 3(K) BN.,NCC PASSED BY THE 3RD RESPONDENT.THE SELECTION LIST FOR TRAINING OF RDC (REPUBLIC DAY CAMP) CONTINGENCE, 2020 PRE RD-III (15TH DEC SAP, PEROORKADA) 3(K) BN.,NCC PASSED BY THE 3RD RESPONDENT.EXHIBIT P6TRUE PHOTOCOPY OF THE ORDER DATED 03/12/2019 ISSUED BY THE 2ND RESPONDENT.03/12/2019 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P7TRUE COPY OF THE PERMISSION DATED 03/12/2019 GRANTED BY THE DEPUTY COMMISSIONER OF KENDRIYA VIDYALAYA.03/12/2019 GRANTED BY THE DEPUTY COMMISSIONER OF KENDRIYA VIDYALAYA.

EXHIBIT P8TRUE PHOTOCOPY OF THE RELIEVE ORDER DATED OF THE PETITIONER DATED 05/12/2019 ISSUED BY THE PRINCIPAL KENDRIYA VIDYALAYA, PANGODE.OF THE PETITIONER DATED 05/12/2019 ISSUED BY THE PRINCIPAL KENDRIYA VIDYALAYA, PANGODE.EXHIBIT P9TRUE COPY OF THE DUTY CERTIFICATE DATED 15/12/2019 ISSUED BY THE CAMP COMMANDANT TOTHE PETITIONER.15/12/2019 ISSUED BY THE CAMP COMMANDANT TOTHE PETITIONER.EXHIBIT P10TRUE PHOTOCOPY OF THE ORDER DATED 17/12/2019 ISSUED BY THE 2ND RESPONDENT SUBSTITUTING THE 4TH RESPONDENT IN THE PLACE OF PETITIONER.17/12/2019 ISSUED BY THE 2ND RESPONDENT SUBSTITUTING THE 4TH RESPONDENT IN THE PLACE OF PETITIONER.

EXHIBIT P11TRUE COPY OF THE ORDER DATED 17/12/2019 ISSUED BY THE 3RD RESPONDENT.ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P12TRUE COPY OF THE REPRESENTATION DATED 19/12/2019 SUBMITTED BY THE PETITIONER.19/12/2019 SUBMITTED BY THE PETITIONER.