Deepa P.K vs State Of Kerala
2021 Latest Caselaw 14633 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     WEDNESDAY, THE 14TH DAY OF JULY 2021 / 23RD ASHADHA, 1943
                       WP(C) NO. 25636 OF 2014
PETITIONER:

          DEEPA P.K, UPPER PRIMARY SCHOOL ASSISTANT,
          KATAMERI UP SCHJOOL, PO KATAMERI, KOZHIKODE DISTRICT.

          BY ADV. SRI.R.K.MURALEEDHARAN



RESPONDENTS:

    1     STATE OF KERALA,
          REP. BY SECRETARY TO GENERAL EDUCATION DEPARTMENT,
          SECRETARIAT, TRIVANDRUM - 695 001.

    2     THE DIRECTOR OF PUBLIC INSTRUCTION,
          JAGATHY, TRIVANDRUM - 695 014.

    3     THE ASSISTANT EDUCATIONAL OFFICER,
          THODANNUR, KOZHIKODE DISTRICT - 673 541.

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


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 25636 OF 2014
                                    -2-

                             JUDGMENT

The petitioner has approached this Court

impugning Ext.P4 Staff Fixation Order, as per

which, she had been threatened to be thrown out

from "Katameri UP School", where she was working

as an Upper Primary School Assistant (UPSA),

without giving her the benefit of Ext.P2

Government Order.

2. The petitioner says that, in fact,

benefit of the aforementioned Government order was

given to her during the academic years 2009-10 and

2010-11, she thus having been retained in the

School; but when Ext.P4 Staff Fixation order was

issued, she was shifted to the "Teacher's Bank",

without giving her the benefit of the Government

Order; and therefore, that she has been

constrained to approach this Court. She thus prays

that Ext.P4 be set aside and respondents be WP(C) NO. 25636 OF 2014

directed to retain her in the school in question

without any break.

3. I have heard Sri.R.K.Muraleedharn -

learned counsel for the petitioner and

Sri.P.M.Manoj - learned Senior Government Pleader.

4. Sri.P.M.Manoj - learned Senior Government

Pleader, submitted that the apprehension of the

petitioner, as voiced in this writ petition, may

not be relevant any more, because he has been

instructed specifically that she has been allowed

to continue in the School on the strength of

Ext.P2 Government Order.

5. In fact, Sri.R.K.Muraleedharan also

affirms that, on account of the interim order

dated 01.10.2014 issued by this Court, his client

has been continuing in the School.

In the afore circumstances, I allow this writ

petition, confirming the interim order dated

01.10.2014; thus declaring that petitioner will be WP(C) NO. 25636 OF 2014

entitled to the benefit of Ext.P2 Government Order

and will not be liable to be retrenched or thrown

out, except after following due procedure in

future.

Sd/-

DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 25636 OF 2014

APPENDIX OF WP(C) 25636/2014

PETITIONER'S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE CERTIFICATE ISSUED BY THE MEDICAL BOARD DATED 17-08-2010

EXHIBIT P2 A TRUE COPY OF THE GO(P) 403/2002/G.EDN DATED 04-12-2002

EXHIBIT P3 A TRUE COPY OF THE GO(P) NO 226/2003/G.EDN DATED 14-06-2003

EXHIBIT P4 A TRUE COPY OF THE PROCEEDINGS OF THE 3RD RESPONDENT DATED 15-07-2014

EXHIBIT P5 A TRUE COPY OF THE INTERIM ORDER IN WPC 17346/2014.

RESPONDENT'S/S EXHIBITS : NIL.

//TRUE COPY// P.A. TO JUDGE