Kerala High Court
Subha K.C vs State Of Kerala on 14 January, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
FRIDAY, THE 14TH DAY OF JANUARY 2022 / 24TH POUSHA, 1943
WP(C) NO. 1248 OF 2022
PETITIONER/S:
SUBHA K.C
AGED 40 YEARS
W/O. SURESH, PADIVATTATHU HOUSE, VILLATHOOR P.O., PALAKKAD, LPSA, AUP
SCHOOL, MULAYANKAVU, KULUKKALLUR, PALAKKAD.
BY ADVS.
SAIJO HASSAN
BENOJ C AUGUSTIN
RAFEEK. V.K.
U.M.HASSAN
P.PARVATHY
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY ITS CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 SECRETARY TO GOVERNMENT,
DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
3 SECRETARY TO GOVERNMENT,
DEPARTMENT OF FINANCE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-
695001.
4 DISTRICT EDUCATIONAL OFFICER,
DISTRICT EDUCATIONAL OFFICE, PALAKKAD-678014.
5 AUP SCHOOL,
MULAYANKAVU, KULUKKALLUR, PALAKKAD-679337, REPRESENTED BY HEADMASTER.
6 AMLP SCHOOL,
CHERIPPUR, PALAKKAD -679535, REPRESENTED BY HEADMASTER.
7 VCM LP SCHOOL,
VALLAPUZHA, MATTAYA, PALAKKAD-679336, REPRESENTED BY HEADMASTER.
OTHER PRESENT:
GP SMT NISHA BOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.01.2022, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 1248 OF 2022
2
JUDGMENT
Petitioner worked as LPSA from the year 2002 to 2007 at
VCM LP school, Vallapuzha/7th respondent school and thereafter
owing to the reduction in the work force was retrenched from the
service. Later in 2012 joined BRC school, Pattambi and served as a
Coordinator. As per the order of the Deputy Director of Education,
Palakkad dated 12.10.2021, transferred from the BRC school,
Pattambi to the 6th respondent, AMLP School Cherupoor as LPSA.
Petitioner joined on 20.10.2021 and worked as LPSA till 1.11.2021.
Thereafter, as per the order dated 30.10.2021 of the Deputy
Director of Education, Palakkad was again transferred from 6 th
respondent school to the 5th respondent ie., AUP School
Mulayankav as LPSA against the regular vacancy. However the
service record of the petitioner has not been transferred so that
the salary of the petitioner has not credited into the account ie.,
the SPARK online portal meant for the teachers. In this regard, a
representation dated 20.12.2021, Ext.P1 has been submitted to the
5th respondent. 5th respondent had sent a letter to the 7 th
respondent on behalf of the petitioner requesting for the transfer
of the name and other details of the petitioner from the SPARK of
WP(C) NO. 1248 OF 2022
the 7th respondent to that of the 5 th respondent, Ext.P2 but of no
avail.
Without expressing any opinion on the merits of the matter, I
dispose of the writ petition by issuing directions to the 7 th
respondent to take a call on the representation of the petitioner
with regard to forwarding the name and details of the petitioner to
the SPARK of the 5th respondent school, as expeditiously as
possible within a period of two weeks from the date of receipt of a
certified copy of the judgment and if necessary, may be given an
opportunity of hearing either through virtual or physical mode and
if some documentation is required, the same shall be filed by the
petitioner or the respondents with whom the petitioner had
worked.
Sd/-
sab AMIT RAWAL
JUDGE
WP(C) NO. 1248 OF 2022
APPENDIX OF WP(C) 1248/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE REQUEST LETTER DATED
20.12.2021 FROM THE PETITIONER TO THE 5TH
RESPONDENT SCHOOL.
Exhibit P2 TRUE COPY OF THE LETTER DATED 21.12.2021
ISSUED BY THE 5TH RESPONDENT TO THE 7TH
RESPONDENT SCHOOL.
