Sabana Babu T vs The State Of Kerala
2022 Latest Caselaw 6149 Ker

Citation : 2022 Latest Caselaw 6149 Ker
Judgement Date : 1 June, 2022

Kerala High Court

Sabana Babu T vs The State Of Kerala on 1 June, 2022

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
      THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
  WEDNESDAY, THE 1ST DAY OF JUNE 2022 / 11TH JYAISHTA, 1944

                   WP(C) NO. 17359 OF 2022

PETITIONER/S:

           SABANA BABU T.
           AGED 38 YEARS
           W/O NIPIN PRADEEP,
           AGED 38 YEARS HST(NS),
           S.D.P.Y.K.P.M. HIGH SCHOOL
           EDAVANAKKAD, ERNAKULAM-682502.
           (RESIDING AT VALLAMPARAMBATH PANIKKASSERY P. O.,
           KODUNGALLUR, THRISSUR- 680664)

           BY ADVS.
           T.T.MUHAMOOD
           A.RENJIT
           V.E.ABDUL GAFOOR
           A.MOHAMMED SAVAD
           NAZEER HUZAIN.H
           T.R.VISHNU

RESPONDENT/S:

    1      THE STATE OF KERALA
           REP.BY THE SECRETARY TO GOVERNMENT,
           GENERAL EDUCATION DEPARTMENT,
           GOVERNMENT SECRETARIAT,
           THIRUVANANTHAPURAM - 695 004.

    2      THE DIRECTOR OF GENERAL EDUCATION
           DIRECTORATE OF GENERAL EDUCATION, JAGATHY,
           THIRUVANANTHAPURAM - 695 001.

    3      THE DEPUTY DIRECTOR OF EDUCATION
           OFFICE OF THE DDE, ERNAKULAM, KERALA-686661.

    4      THE DISTRICT EDUCATIONAL OFFICER
           OFFICE OF THE DEO, ERNAKULAM,
           KERALA - 686661.
 WP(C) NO. 17359 OF 2022

                              2


    5      THE MANAGER
           S.D.P.Y.K.P.M.HIGH SCHOOL,
           EDAVANAKKAD, ERNAKULAM - 682502.



           SMT NISHA BOSE SR GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 01.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) NO. 17359 OF 2022

                                       3


                                 JUDGMENT

The petitioner states that she is working as a HST (Natural science) in

S.D.P.Y.K.P.M. High school, Edavanakkad with effect from 01.06.2009. When a

vacancy of HST (Natural science) arose in the school, she was promoted with

effect from 01.06.2016. Since her appointment was not approved, the

Manager approached the Government and filed a Revision Petition. It

appears that pursuant to the orders issued by the Government, the

appointment of the petitioner as HST (Natural Science) for the period from

15.07.2016 to 14.07.2019 was approved. However, on the ground that no

posts were available after 15.07.2019, approval was not granted for the

subsequent period. Directions were also issued to the Manager to initiate

appropriate action to deploy the petitioner to include in the 'teachers bank'.

The petitioner contends that challenging the aforesaid order, the petitioner

has preferred Exhibit P4 Revision Petition before the 1st respondent which is

stated to be pending. She contends that during the pendency of the Revision

Petition, if the petitioner is deployed to some other school despite the fact

that there are sufficient number of students and accommodation, it will cause

serious hardship to her. The petitioner relies on Exhibit P3 and it is contended

that the reduction of one division and consequential denial of posts of HST

(Natural Science) is illegal.

WP(C) NO. 17359 OF 2022

2. I have heard Sri.T.T. Muhamood, the learned counsel appearing

for the petitioner and Smt. Nisha Bose, the learned Senior Government

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

party respondent is dispensed with.

3. Having regard to the facts and circumstances, I am of the view

that necessary directions can be issued to the 1st respondent to consider

Exhibit P4 Revision Petition submitted by the petitioner in an expeditious

manner. Until orders are passed on Exhibit P4, the respondents can be

directed to retain the petitioner as HST (Natural Science) at S.D.P.Y.K.P.M.

High school, Edavanakkad.

5. In that view of the matter, while disposing of the writ petition,

the following directions are issued:

a) There will be a direction to the 1st respondent to take up,

consider and pass appropriate orders on Ext.P4 Revision

Petition, after affording an opportunity of being heard, either

physically or virtually, to the petitioner herein or her

authorised representative and the 5th respondent.

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

any event, within a period of three months from the date of WP(C) NO. 17359 OF 2022

production of a copy of this judgment. Until orders are

passed on Exhibit P4, the respondents are directed to retain

the petitioner as HST (Natural Science) at S.D.P.Y.K.P.M. High

school, Edavanakkad.

writ petition along with the judgment before the concerned

respondent for further action.

This writ petition is disposed of.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE avs WP(C) NO. 17359 OF 2022

APPENDIX OF WP(C) 17359/2022