Fasna K, Upst vs State Of Kerala
2021 Latest Caselaw 23138 Ker

WP(C) NO. 26420 OF 2021           1



            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
 WEDNESDAY, THE 24TH DAY OF NOVEMBER 2021 / 3RD AGRAHAYANA, 1943
                    WP(C) NO. 26420 OF 2021
PETITIONER/S:

          FASNA K, UPST,
          AGED 32 YEARS,
          ERAVANNUR A.U.P.SCHOOL, NARIKKUNI P.O.,
          W/O. NOUFAL.M.S, SHALIMAR HOUSE, PARANNUR ,P.O.
          KOZHIKODE-673 585.

          BY ADVS.
          JIJI THOMAS
          SMITHA MATHEW



RESPONDENT/S:

    1     STATE OF KERALA
          REPRESENTED BY THE SECRETARY, GENERAL EDUCATION
          DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.

    2     DISTRICT EDUCATIONAL OFFICER,
          THAMARASSERY, KOZHIKODE.

    3     ASSISTANT EDUCATIONAL OFFICER,
          KODUVALLY, KOZHIKODE,PIN-673 572.

    4     MANAGER,
          ERAVANNUR A.U.P.SCHOOL, NARIKKUNI P.O., KOZHIKODE-673
          585.

    5     RAMISHA.K.P.,
          UPSA, A.U.P.SCHOOL ERAVANNUR, NARIKKUNI P.O.,
          KOZHIKODE-673 585.
 WP(C) NO. 26420 OF 2021           2



    6     REMYA.S.,
          SHIVAGEETHAM, PERUMPOYIL, KAKKOOR , KOZHIKODE-673 585.

    7     HEAD MASTER,
          ERAVANNUR A.U.P.SCHOOL, NARIKKUNI P.O., KOZHIKODE-673
          585.




          SMT NISHA BOSE, SR GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 26420 OF 2021                             3



                                        JUDGMENT

This writ petition is filed seeking the following reliefs:

"i) to issue a Writ of Mandamus or any other appropriate writ, direction order or

instructions directing the 2nd respondent to consider Ext.P13 appeal and to

take a decision thereon without any further delay.

ii) to issue a writ of certiorari to quash Ext.P12.

iii) to declare that the petitioner is eligible to be continued as a UPST."

2. Sri.Jiji Thomas Pambackal, the learned counsel appearing for the

petitioner submits that since 2019, the petitioner has seniority and preferential

right of appointment in the school and it was without considering the same that

the 3rd respondent has issued directions to the 7th respondent to reinstate the

6th respondent. It is submitted that for the time being, the petitioner would be

satisfied if necessary directions are issued to the 2nd respondent to consider

Ext.P13 appeal in an expeditious manner. The learned counsel also prays that

until orders are passed in Exhibit-P13, proceedings pursuant to Exhibit-P12 be

kept in abeyance.

3. I have heard Smt.Nisha Bose, the learned Senior Government

Pleader.

4. In view of the nature of the order that I propose to pass, notice to

respondents 4 to 7 are dispensed with.

5. After having carefully evaluated the contentions raised in this writ

petition, the submissions made across the Bar and the facts and 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 2nd respondent to take up, consider

and pass appropriate orders on Ext.P13 appeal, as per procedure

and in accordance with the law, after affording an opportunity of

being heard, either physically or virtually, to the petitioner herein or

her authorised representative as well as the respondents 4 to 7.

Until orders are passed, proceedings pursuant to Exhibit-P12 shall

be kept in abeyance.

b) Orders, as directed above, shall be passed expeditiously, in any event,

within a period of two 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 DSV

APPENDIX OF WP(C) 26420/2021

PETITIONER (S) EXHIBITS:

Exhibit P1 A COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 15.07.2019.

Exhibit P2 A COPY OF THE RESIGNATION SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 31.05.2021.

Exhibit P3 A COPY OF THE REJECTION ORDERS OF AEO DATED 16.06.2021.

Exhibit P4 A COPY OF THE APPEAL SUBMITTED BY THE 4TH RESPONDENT BEFORE THE DGE.

Exhibit P5 A COPY OF THE APPOINTMENT ORDER OF 6TH RESPONDENT DATED 15.07.2021.

Exhibit P6 A COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 15.07.2021.

Exhibit P7 A COPY OF THE CRIMINAL PROCEEDINGS AGAINST THE 6TH RESPONDENT, PENDING BEFORE THE CYBER CELL DATED 13.9.2021.

Exhibit P8 A COPY OF THE PROCEEDINGS OF REVOCATION OF APPOINTMENT AGAINST THE 6THJ RESPONDENT DATED 20.7.2021.

Exhibit P9 A COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 16.07.2021.

Exhibit P10 A COPY OF THE REPRESENTATION SUBMITTED BY THE 6TH RESPONDENT BEFORE THE AEO DATED 28.07.2021.

Exhibit P11 A COPY OF THE JUDGMENT IN WRIT PETITION

NO.17300/2021 DATED 27.08.2021.

Exhibit P12 A COPY OF THE REINSTATEMENT ORDER OF AEO DATED FOR THE 6TH RESPONDENT 16.11.2021.

Exhibit P13 A COPY OF THE APPEAL MEMORANDUM SUBMITTED BY THE PETITIONER BEFORE THE DEO DATED 20.03.2021 (WITH OUT ANNEXURES).

RESPONDENT (S) EXHIBITS: NIL