Neharban.P vs The State Of Kerala
2021 Latest Caselaw 14490 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
        TUESDAY, THE 13TH DAY OF JULY 2021 / 22ND ASHADHA, 1943
                        WP(C) NO. 13849 OF 2021
PETITIONER:

            NEHARBAN.P.,
            AGED 50 YEARS
            WIFE OF NAZARUDEEN, UPPER PRIMARY SCHOOL TEACHER, IGM
            HIGH SCHOOL, MANJAKKALA, KOTTARAKKARA (ON DEPLOYMENT AS
            CRC CO-ORDINATOR BRC, PUNALUR (RESIDING AT VALUTHUNDIL,
            KUNNICODE-691 508, KOLLAM DISTRICT).

            BY ADVS.
            V.A.MUHAMMED
            M.SAJJAD



RESPONDENTS:

    1       THE STATE OF KERALA,
            REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL
            EDUCATION DEPARTMENT, SECRETARIAT ANNEXE II,
            THIRUVANANTHAPURAM-695 001.

    2       THE DEPUTY DIRECTOR OF EDUCATION,
            THEVALLY, KOLLAM DISTRICT-691 009.

    3       THE DISTRICT EDUCATIONAL OFFICER,
            KOTTARAKKARA, KOLLAM DISTRICT-691 506.

    4       THE MANAGER, IGM HIGH SCHOOL, MANJAKKALA,
            KOTTARAKKARA, KOLLAM DISTRICT-69` 508.

    5       THE HEADMISTRESS,
            IGM HIGH SCHOOL, MANJAKKALA, KOTTARAKKARA, KOLLAM
            DISTRICT-691 508.



            SRI. BIJOY CHANDRAN- SR. G.P.




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 13849 OF 2021

                                     2


                               JUDGMENT

This writ petition is filed seeking the following reliefs:

(1) call for the records relating to Exhibits P6 & P9 and set aside the originals of the same by the issuance of a writ of certiorari or other appropriate writ or order.

(2) issue a writ of mandamus or other appropriate writ, order or direction commanding the 3rd respondent to approve the appointment of the petitioner as HST (SS) from 01.06.2020 forthwith and disburse the attendant benefits.

(3) issue a writ of mandamus or other appropriate writ, order or direction commanding the 2nd respondent to consider and pass appropriate orders upon Exhibit P11 after affording an opportunity of being heard to the petitioner within a time limit.

2. Heard the learned counsel for the petitioner and the

learned Government Pleader.

3. It is submitted by the learned counsel for the petitioner that

the petitioner was an approved UPST in the 4 th respondent's school.

She was included in the Teachers Package and deployed as a Cluster

Co-ordinator. In the meanwhile, it is submitted that a vacancy of

HST (Social Science) has occurred in the parent school. It is

submitted that the petitioner being fully qualified has been recalled

to the parent school as HST (Social Science). It is submitted that the

Parent Teacher Association has also sought the recalling of the WP(C) NO. 13849 OF 2021

petitioner in view of the fact that there is no teacher available to fill

up the vacancy. It is submitted that the proposal forwarded by the

Manager was rejected by the District Educational Officer on the

ground that the appointment in the academic year 2020-21 could

not be approved because there is no staff fixation order available

and the vacancies available in the said year could not be filled up. It

is submitted that Ext.P7 appeal has been preferred by the Manager

before the 2nd respondent. While so, the appeal submitted by the

petitioner against the same order has been returned by the Deputy

Director of Education by Ext.P9. It is submitted that even thereafter,

the issue is being considered by the DDE on the basis of the request

made by the PTA.

4. Having heard the learned Government Pleader also, I notice

that Ext.P7 statutory appeal preferred by the Manager is pending

before the DDE. It could suffice that the petitioner as well as the

Manager and the PTA are heard in the said appeal and appropriate

orders passed in accordance with law.

In the above view of the matter, this writ petition is disposed

of with a direction to the 2nd respondent to take up Ext.P7 appeal WP(C) NO. 13849 OF 2021

preferred by the Manager, as against Ext.P6 order of the DEO and to

consider and pass orders on the same after notice to the petitioner,

the Manager and any other concerned persons and after hearing

them through any appropriate means, including by video

conferencing. Orders shall be passed within a period of six weeks

from the date of receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SVP WP(C) NO. 13849 OF 2021

APPENDIX OF WP(C) 13849/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE REQUEST OF THE MANAGER ADDRESSED TO THE DDE DATED 26.04.2020.

Exhibit P2 TRUE COPY OF THE REQUEST OF THE MANAGER ADDRESSED TO THE DEO DATED 26.04.2020.

Exhibit P3 TRUE COPY OF THE REQUEST OF THE PETITIONER ADDRESSED TO THE DDE DATED 03.03.2020.

Exhibit P4 TRUE COPY OF THE REQUEST OF THE PETITIONER ADDRESSED TO THE DEO DATED 02.03.2020.

Exhibit P5 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 15.06.2020.

Exhibit P6 TRUE COPY OF THE ORDER NO.B417572/2020/DDIS DATED 12.07.2020 OF THE DEO.

Exhibit P7 TRUE COPY OF THE APPEAL FILED BEFORE THE DDE BY THE MANAGER DATED 28.09.2020.

Exhibit P8 TRUE COPY OF THE APPEAL FILED BEFORE THE DDE BY THE PETITIONER DATED 28.09.2020.

Exhibit P9 TRUE COPY OF THE ORDER OF THE DDE DATED 01.10.2020.

Exhibit P10 TRUE COPY OF THE PERITONITIS MOVED BEFORE THE DEO BY THE PTA DATED 04.02.2021.

Exhibit P11 TRUE COPY OF THE PETITION MOVED BEFORE THE DDE BY THE PTA DATED 04.02.2021.

Exhibit P12 TRUE COPY OF THE LETTER NO.B1/2640/2021 DATED 10.03.2021 OF THE DDE.

Exhibit P13 TRUE COPY OF THE REPLY LETTER OF THE HEADMISTRESS DATED 27.03.2021.