Kerala High Court
Sangeetha Rose K.V vs State Of Kerala on 31 August, 2022
WP(C) No.28206/2022 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
Wednesday, the 31st day of August 2022 / 9th Bhadra, 1944
WP(C) NO. 28206 OF 2022(A)
PETITIONER:
SANGEETHA ROSE K.V., AGED 37 YEARS, WIFE OF MEJOY JOSE, AKKARA
HOUSE, VENGINISSERY DESOM, PARALAM POST, VENGINISSERY VILLAGE,
THRISSUR TALUK AND DISTRICT, KERALA., PIN - 680 563
RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, DEPARTMENT
OF GENERAL EDUCATION, GOVERNMENT OF KERALA, ROOM NO. 138, FIRST
FLOOR, NORTH BLOCK, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
KERALA., PIN - 695 001
2. THE DIRECTOR OF GENERAL EDUCATION, OFFICE OF THE GENERAL EDUCATION
DIRECTOR, GOVERNMENT OF KERALA, JAGATHI, THIRUVANANTHAPURAM,
KERALA., PIN - 695 001
3. THE DEPUTY DIRECTOR OF EDUCATION, CIVIL STATION, AYYANTHOLE,
THRISSUR, KERALA., PIN - 680003
4. THE DISTRICT EDUCATION OFFICER, THE OFFICE OF THE DISTRICT EDUCATION
OFFICER, PALACE ROAD, THRISSUR DISTRICT, KERALA., PIN - 680 020
5. THE MANAGER, HIGHER SECONDARY SCHOOL ARIMPUR, ARIMPUR POST, THRISSUR
DISTRICT, KERALA., PIN - 680 620
6. THE HEAD MASTER HIGHER SECONDARY SCHOOL ARIMPUR, ARIMPUR POST,
THRISSUR DISTRICT, KERALA., PIN - 680 620
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to stay all further proceedings of the respondents on the basis of
the Exhibit P2 and P3 Orders and allow the petitioner to continue her job
as High School English Teacher in High School Arimpur pending final
disposal of this WP(Civil).
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S.SHIBIN K.F. & SEBY JOSEPH, Advocates for the petitioner and of
GOVERNMENT PLEADER for R1 to R4, the court passed the following:
WP(C) No.28206/2022 2/4
RAJA VIJAYARAGHAVAN V, J.
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W.P(C) No.28206 of 2022
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Dated this the 31st day of August, 2022
ORDER
The learned Government Pleader takes notice for respondents 1 to 4.
Issue urgent notice by speed post to respondents 5 and 6.
Sri.Shibin K.F., the learned counsel appearing for the petitioner
submitted that this Court by Ext.P8 judgment dated 10.8.2021 had issued
directions to the State Government to create and formulate the cadre of HSA
(English) on and with effect from the academic year 2020-2021 onwards.
According to the learned counsel, Ext.P2 staff fixation order has been issued
on 21.8.2022 reducing the post of HST (English) in clear violation to the
stipulations contained in Rule 6.1 in Chapter XXIII of the KER. The learned
counsel would also rely on the law laid down in Minimole C. v. State of
Kerala and Ors. [2012 (4) KLT 719] to substantiate his contention.
Having considered the submissions advanced, Exts.P2 and P3 will
stand stayed insofar as the petitioner is concerned and the respondents shall
WP(C) No.28206/2022 3/4
W.P. (C) No.28206 of 2022
permit the petitioner to continue in the present school for a period of three
weeks.
Post on 23.9. 2022.
Sd/-
RAJA VIJAYARAGHAVAN V,
JUDGE
sru
31-08-2022 /True Copy/ Assistant Registrar
WP(C) No.28206/2022 4/4
APPENDIX OF WP(C) 28206/2022
Exhibit P2 A TRUE COPY OF THE ORDER DATED 21-08-2022 ISSUED BY THE
4TH RESPONDENT
Exhibit P3 A TRUE COPY OF THE ORDER DATED 25-08-2022
Exhibit P8 A TRUE COPY OF THE JUDGMENT IN WP(C) NO. 23159 OF 2018
DATED 10-08-2021
