A.Sylaja vs The Deputy Director Of Education
2021 Latest Caselaw 5893 Ker

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                       PRESENT

                THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

           THURSDAY, THE 18TH DAY OF FEBRUARY 2021 / 29TH MAGHA,1942

                              WP(C).No.20705 OF 2012(K)


PETITIONER:


                A.SYLAJA
                AGED 40 YEARS
                W/O.SELVARAJ, HEADMISTRESS, PONNARA SREEDHAR MEMORIAL
                U.P.SCHOOL, MUTTATHARA, THIRUVANANTHAPURAM, RESIDING AT
                UTHRADAM HOUSE, KATTAKKAL, VAZHOTTUKONAM, VATTIYOORKAVU,
                KODUNGANOOR P.O., THIRUVANANTHAPURAM, PIN-695013.

                BY ADV. SRI.R.SURENDRAN


RESPONDENTS:


       1        THE DEPUTY DIRECTOR OF EDUCATION
                THIRUVANANTHAPURAM-695001.

       2        THE ASSISTANT EDUCATIONAL OFFICER
                THIRUVANANTHAPURAM SOUTH, THIRUVANANTHAPURAM-695001.

       3        STATE OF KERALA
                REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION
                (J) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.

       4        THE CORPORATION OF THIRUVANANTHAPURAM
                REPRESENTED BY SECRETARY,
                CORPORATION OF THIRUVANANTHAPURAM-695001.

       5        D.SUTHARSANAN
                LPSA, PONNARA SREEDHAR MEMORIAL U.P.SCHOOL, MUTTATHARA,
                THIRUVANANTHAPURAM-695001.

       6        KERALA PUBLIC SERVICE COMMISSION
                REPRESENTED BY THE SECRETARY, KPSC,
                THIRUVANANTHAPURAM-695001.



                BY   ADV.   SRI.I.J.AUGUSTINE
                BY   ADV.   SRI.BENOJ C AUGUSTIN
                BY   ADV.   SMT.J.KASTHURI
                BY   ADV.   SRI.P.K.MANOJKUMAR
                BY   ADV.   SRI.N.NANDAKUMARA MENON SR.
                BY   ADV.   SRI.NAGARAJ NARAYANAN
                BY   ADV.   SRI.SAIJO HASSAN
                BY   ADV.   SRI.SEBIN THOMAS
                BY   ADV.   SRI.SWATHY DAS
 WP(C).No.20705 OF 2012(K)

                                        2



                 BY ADV. SRI.P.E.SAJAL
                 BY SRI.P.C.SASIDHARAN, SC

OTHER PRESENT:

                 SRI.P.M.MANOJ-SR.GP.

      THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18.02.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.20705 OF 2012(K)

                                        3




                               JUDGMENT

The petitioner has approached this Court impugning Ext.P10

order, being apprehensive that it will impose a reduction in her

Rank.

2. However, it is obvious that this writ petition was filed by

the petitioner at the time when the process of taking over of the

Schools run by the Local Self Government Institutions by the

Government was being continued; and that by the efflux of time if

more than eight years when this matter has been pending, most or

all of the teachers have already been absorbed.

3. Therefore, if there are any further grievances for the

petitioner with respect to seniority, she certainly can raise it

through appropriate proceedings and I do not think that any

further orders are required in this writ petition.

In the afore circumstances, reserving the afore liberty to the

petitioner, I close this writ petition without any further orders,

making it clear that all contentions of the rival parties are left

open, if it so become warranted in future to be pursued.

SD/-

                                            DEVAN RAMACHANDRAN

rp                                                    JUDGE
 WP(C).No.20705 OF 2012(K)






                                   APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1                 TRUE COPY OF THE ORDER DATED 28.3.2005 ISSUED BY
                           THE 4TH RESPONDENT

EXHIBIT P2                 TRUE COPY OF THE JUDGMENT DATED 12.7.2007 OF THE

HONOURABLE HIGH COURT OF KERALA IN WPC NO 17511 OF 2007

EXHIBIT P3 TRUE COPY OF THE ORDER DATED 1.3.2008 IN GA1/21/21550/05 ISSUED BY THE 4TH RESPONDENT AS THE MANAGER OF THE SCHOOL

EXHIBIT P4 TRUE COPY OF THE APPOINTMENT ORDER DATED 19.3.2008 ISSUED BY THE 4TH RESPONDENT APPROVED BY THE SECOND RESPONDENT ON 28.7.2008

EXHIBIT P5 TRUE COPY OF THE RELINQUISHMENT LETTER DATED NIL, SUBMITTED BY THE FIFTH RESPONDENT

EXHIBIT P6 TRUE COPY OF THE ORDER OF ACCEPTANCE OF RESIGNATION DATED 5.9.2005 ISSUED BY THE FOURTH RESPONDENT

EXHIBIT P7 TRUE COPY OF THE ORDER DATED 2.8.2006 ISSUED BY THE FOURTH RESPONDENT

EXHIBIT P8 TRUE COPY OF THE GO(ORD) NO 2464/2010/G.EDN DATED 7.8.2010 ISSUED BY THIRD RESPONDENT

EXHIBIT P9 TRUE COPY OF THE ORDER GO(RT0 NO 3169/2012/G.EDN DATED 5.7.2012 ISSUED BY AN UNDER SECRETARY TO THE GOVERNMENT IN THE GENERAL EDUCATION (H) DEPARTMENT

EXHIBIT P10 TRUE COPY OF THE ORDER GO(MS) 20/2012 G.EDN DATED 20.1.2012

EXHIBIT P11 TRUE COPY OF THE SENIORITY LIST OF TEACHERS DATED 30.4.2012 INCLUDED IN THE COMMON POOL

EXHIBIT P12 TRUE COPY OF THE ORDER NO B3/1672/12 DATED 22.9.2012 ISSUED BY THE FIRST RESPONDENT

EXHIBIT P13 TRUE COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE FIRST RESPONDENT

EXHIBIT P14 TRUE COPY OF THE APPOINTMENT ORDER DATED 15.9.2004 DULY APPROVED BY THE SECOND RESPONDENT