IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
WEDNESDAY, THE 1ST DAY OF JUNE 2022 / 11TH JYAISHTA, 1944
WP(C) NO. 17359 OF 2022
PETITIONER/S:
SABANA BABU T.
AGED 38 YEARS
W/O NIPIN PRADEEP,
AGED 38 YEARS HST(NS),
S.D.P.Y.K.P.M. HIGH SCHOOL
EDAVANAKKAD, ERNAKULAM-682502.
(RESIDING AT VALLAMPARAMBATH PANIKKASSERY P. O.,
KODUNGALLUR, THRISSUR- 680664)
BY ADVS.
T.T.MUHAMOOD
A.RENJIT
V.E.ABDUL GAFOOR
A.MOHAMMED SAVAD
NAZEER HUZAIN.H
T.R.VISHNU
RESPONDENT/S:
1 THE STATE OF KERALA
REP.BY THE SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 004.
2 THE DIRECTOR OF GENERAL EDUCATION
DIRECTORATE OF GENERAL EDUCATION, JAGATHY,
THIRUVANANTHAPURAM - 695 001.
3 THE DEPUTY DIRECTOR OF EDUCATION
OFFICE OF THE DDE, ERNAKULAM, KERALA-686661.
4 THE DISTRICT EDUCATIONAL OFFICER
OFFICE OF THE DEO, ERNAKULAM,
KERALA - 686661.
WP(C) NO. 17359 OF 2022
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5 THE MANAGER
S.D.P.Y.K.P.M.HIGH SCHOOL,
EDAVANAKKAD, ERNAKULAM - 682502.
SMT NISHA BOSE SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 01.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 17359 OF 2022
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JUDGMENT
The petitioner states that she is working as a HST (Natural science) in S.D.P.Y.K.P.M. High school, Edavanakkad with effect from 01.06.2009. When a vacancy of HST (Natural science) arose in the school, she was promoted with effect from 01.06.2016. Since her appointment was not approved, the Manager approached the Government and filed a Revision Petition. It appears that pursuant to the orders issued by the Government, the appointment of the petitioner as HST (Natural Science) for the period from 15.07.2016 to 14.07.2019 was approved. However, on the ground that no posts were available after 15.07.2019, approval was not granted for the subsequent period. Directions were also issued to the Manager to initiate appropriate action to deploy the petitioner to include in the 'teachers bank'. The petitioner contends that challenging the aforesaid order, the petitioner has preferred Exhibit P4 Revision Petition before the 1st respondent which is stated to be pending. She contends that during the pendency of the Revision Petition, if the petitioner is deployed to some other school despite the fact that there are sufficient number of students and accommodation, it will cause serious hardship to her. The petitioner relies on Exhibit P3 and it is contended that the reduction of one division and consequential denial of posts of HST (Natural Science) is illegal.
WP(C) NO. 17359 OF 2022 4
2. I have heard Sri.T.T. Muhamood, the learned counsel appearing for the petitioner and Smt. Nisha Bose, the learned Senior Government Pleader. In view of the nature of order that I propose to pass, notice to the party respondent is dispensed with.
3. Having regard to the facts and circumstances, I am of the view that necessary directions can be issued to the 1st respondent to consider Exhibit P4 Revision Petition submitted by the petitioner in an expeditious manner. Until orders are passed on Exhibit P4, the respondents can be directed to retain the petitioner as HST (Natural Science) at S.D.P.Y.K.P.M. High school, Edavanakkad.
5. In that view of the matter, while disposing of the writ petition, the following directions are issued:
a) There will be a direction to the 1st respondent to take up, consider and pass appropriate orders on Ext.P4 Revision Petition, after affording an opportunity of being heard, either physically or virtually, to the petitioner herein or her authorised representative and the 5th respondent.
b) Orders, as directed above, shall be passed expeditiously, in any event, within a period of three months from the date of WP(C) NO. 17359 OF 2022 5 production of a copy of this judgment. Until orders are passed on Exhibit P4, the respondents are directed to retain the petitioner as HST (Natural Science) at S.D.P.Y.K.P.M. High school, Edavanakkad.
(c) It would be open to the petitioner to produce a copy of the writ petition along with the judgment before the concerned respondent for further action.
This writ petition is disposed of.
Sd/-
RAJA VIJAYARAGHAVAN V JUDGE avs WP(C) NO. 17359 OF 2022 6 APPENDIX OF WP(C) 17359/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF RELEVANT PAGES OF STAFF-FIXATION ORDER NO.B2/5087/19/K.DIS DATED 11.07.2019 FOR THE ACADEMIC YEAR 2016-17 TO 2018-19.
Exhibit P2 TRUE COPY OF ORDER NO. B2/32992/2022 DATED 22.01.2022 ISSUED BY THE 4TH RESPONDENT.
Exhibit P3 TRUE COPY OF ORDER NO. D.DIS. B2/45256/2019 DATED 19.07.2019 ISSUED BY THE 4TH RESPONDENT.
Exhibit P4 TRUE COPY OF REVISION PETITION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT ON 10.12.2021