Kerala High Court
Sajina Salim vs The State Of Kerala on 11 April, 2024
WPC.No.15123/24 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
WP(C) NO.15123 OF 2024
PETITIONER:
SAJINA SALIM, AGED 34 YEARS,
WIFE OF NIYAS M A, HIGH SCHOOL TEACHER (SOCIAL
SCIENCE), LAJANATHUL MUHAMMADIYA HIGHER SECONDARY
SCHOOL, ALAPPUZHA DISTRICT (RESIDING
AT MATHIRAMPALLIL HOUSE, ALAPRA P O, KOTTAYAM
DISTRICT-686544), PIN - 688 001.
BY ADVS.V.A.MUHAMMED
V.RAJASEKHARAN NAIR
RESPONDENTS:
1 THE STATE OF KERALA,
REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE II,
THIRUVANANTHAPURAM, PIN - 695 001.
2 THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THIRUVANANTHAPURAM, PIN - 695 014.
3 THE DEPUTY DIRECTOR OF EDUCATION,
CIVIL LINES, ALAPPUZHA DISTRICT, PIN - 688 001.
4 THE DISTRICT EDUCATIONAL OFFICER,
JAWAHAR BALABHAVAN ROAD, ALAPPUZHA, PIN - 688 011.
5 THE MANAGER, LAJANATHUL MUHAMMADIYA HIGHER SECONDARY
SCHOOL, ALAPPUZHA, ALAPPUZHA DISTRICT, PIN - 688 001.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC.No.15123/24 2
JUDGMENT
The petitioner who has got approval of appointment as HST (SS) in the School managed by the 5 th respondent is under the threat of retrenchment consequent to the reduction of division in the school. Being aggrieved by the staff fixation and consequential proposal for retrenchment of the petitioner, the petitioner submitted Ext.P9 before the 1st respondent, which is now pending consideration.
The limited prayer sought by the petitioner is for a direction to the 1st respondent to take up Ext.P9 and to pass appropriate orders thereon within a time frame. After hearing the learned counsel for the petitioner and the learned Government Pleader, I am inclined to dispose of this writ petition, directing the 1 st respondent to take up Ext.P9 and to pass appropriate orders thereon in accordance with law after hearing the petitioner, the 5 th respondent Manager and other affected parties if any. Orders thereon shall be passed within a period of four months from the date of receipt of a copy of this judgment.
Sd/-
ZIYAD RAHMAN A.A. JUDGE DG/11.4.24 WPC.No.15123/24 3 APPENDIX OF WP(C) 15123/2024 PETITIONER EXHIBITS Exhibit P-1 TRUE COPY OF THE ORDER NO. B2/44562/2023 DATED 10.03.2023 OF THE DEO, ALAPPUZHA Exhibit P-2 TRUE COPY OF THE ORDER NO. D.DIS.
B2/56739/2023 DATED 22.08.2023 OF THE DEO, ALAPPUZHA Exhibit P-3 TRUE COPY OF THE APPOINTMENT ORDER DATED 01.06.2023 Exhibit P-4 TRUE COPY OF THE G.O. (MS.) NO.
102/2022/G.EDN DATED 08.06.2022 Exhibit P-5 TRUE COPY OF THE APPOINTMENT ORDER DATED 01.10.2023 Exhibit P-6 TRUE COPY OF THE G.O. (P) NO. 31/2006/GE DATED 19.01.2006 Exhibit P-7 TRUE COPY OF THE DECISION IN GEETHA S. V. GEO THOMAS K AND OTHERS (2009 (4) KHC 296) Exhibit P-8 TRUE COPY OF THE DECISION IN ARSHAD BEEGUM J J V. NAJJEEB A AND OTHERS (2009 (4) KHC
458) Exhibit P-9 TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE 1ST RESPONDENT DATED 30.03.2024 Exhibit P-10 TRUE COPY OF THE M.A CERTIFICATE DATED 18.02.2015 OF THE M.G. UNIVERSITY Exhibit P-11 TRUE COPY OF THE M.ED CERTIFICATE ISSUED BY THE M.G. UNIVERSITY DATED 18.06.2015