IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944
WP(C) NO. 20557 OF 2022
PETITIONER/S:
SHABIRA P.A.
AGED 43 YEARS
WIFE OF LATE USMAN P.A. HSA (URDU),
SREE NARAYANA HIGHER SECONDARY SCHOOL,
IRINJALAKUDA, KATTUNGACHIRA, IRINJALAKUDA,
THRISSUR DISTRICT-680 125. (RESIDING AT PONNAKKARAN
(HOUSE), KANDANSSERY P.O., ARIKANNIYOOR VIA,
THRISSUR DISTRICT- 680 102).
BY ADVS.
V.A.MUHAMMED
P.A.JENZIA
RESPONDENT/S:
1 THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXURE - II,
THIRUVANANTHAPURAM - 695 001.
2 THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THIRUVANANTHAPURAM-695 014.
3 THE DEPUTY DIRECTOR OF EDUCATION,
CIVIL STATION, THRISSUR DISTRICT - 680003.
4 THE DISTRICT EDUCATIONAL OFFICER,
IRINJALAKUDA, THRISSUR DISTRICT-680 121
5 THE MANAGER,
SREE NARAYANA HIGHER SECONDARY SCHOOL,
IRINJALAKUDA, THRISSUR DISTRICT-680 125.
6 THE PRINCIPAL,
SREE NARAYANA HIGHER SECONDARY SCHOOL,
IRINJALAKUDA, THRISSUR DISTRICT-680 125.
SMT NISHA BOSE, SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 20557 OF 2022 2
JUDGMENT
The petitioner asserts that she was appointed as a High School Teacher in Sree Narayana Higher Secondary School, Irinjalakkuda with effect from 1.6.2015. According to the petitioner, the post of Part-Time Urdu was reduced in the staff fixation order for the academic year 2019-20 due to a reduction of student strength. Though the Manager preferred an appeal before the DDE, the same was rejected. Being aggrieved, the petitioner, as well as the Manager, have moved separate revision petitions before the Government which are stated to be pending. It is in the afore circumstances that the petitioner is before this Court seeking directions.
2. Sri. M. Sajjad, the learned counsel appearing for the petitioner submitted that necessary directions be issued to the 1st respondent to consider Exts.P6 and P7 in the light of Exts.P8 and P9.
3. Heard Smt.Nisha Bose, the learned Senior Government Pleader.
4. In the nature of the order that I propose to pass, notice to respondents 5 and 6 is dispensed with.
5. After having carefully evaluated the contentions raised in this writ petition, the submissions made across the Bar and the facts and WP(C) NO. 20557 OF 2022 3 circumstances, I am of the view that this writ petition can be disposed of at the admission stage itself by issuing the following directions:
a) There will be a direction to the 1st respondent to take up, consider and pass appropriate orders on Exts.P6 and P7 in the light of Exts.P8 and P9 after affording an opportunity of being heard, either physically or virtually, to the petitioner herein or her authorised representative and respondents 5 and 6.
b) Orders, as directed above, shall be passed expeditiously, in any event, within a period of three months from the date of production of a copy of this judgment.
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 sru WP(C) NO. 20557 OF 2022 4 APPENDIX OF WP(C) 20557/2022 PETITIONER(S) EXHIBITS :
Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 01.06.2015 Exhibit P2 TRUE COPY OF THE STAFF FIXATION ORDER FOR THE YEAR 2019-20 VIDE NO. B5/41487/2019 DATED 19.07.2019 ISSUED BY THE DEO, IRINJALAKUDA Exhibit P3 TRUE COPY OF THE APPEAL SUBMITTED BY THE MANAGER BEFORE THE DDE, THRISSUR DATED 01.08.2019 Exhibit P4 TRUE COPY OF THE ORDER NO. B2/60367/2019 DATED 15.10.2019 OF THE DDE, THRISSUR Exhibit P5 TRUE COPY OF THE ORDER NO. RA2/75044/2020 DATED 26.08.2021 OF THE JOINT DIRECTOR OF GENERAL EDUCATION Exhibit P6 TRUE COPY OF THE REVISION PETITION SUBMITTED BY THE MANAGER BEFORE THE GOVERNMENT DATED 13.12.2021 Exhibit P7 TRUE COPY OF THE REVISION PETITION SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT DATED 13.12.2021 Exhibit P8 TRUE COPY OF THE G.O(MS) NO. 209/2016/G/EDN.
DATED 26.12.2016 Exhibit P9 TRUE COPY OF THE G.O(MS) NO. 95/2019/G/EDN.
DATED 23.07.2019 RESPONDENT(S) EXHIBITS : NIL