Sheeja P.S vs The State Of Kerala
2022 Latest Caselaw 6640 Ker

WP(C) NO. 18772 OF 2022            1

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
    THURSDAY, THE 9TH DAY OF JUNE 2022 / 19TH JYAISHTA, 1944
                    WP(C) NO. 18772 OF 2022
PETITIONER/S:

          SHEEJA P.S
          AGED 47 YEARS
          WIFE OF SHIBU V. NAIR, LOWER PRIMARY SCHOOL ASSISTANT
          (LPSA), LOWER PRIMARY SCHOOL, VAVODE, P.O. VAZHICHAL,
          KATTAKKADA, THIRUVANANTHAPURAM-695 125
          (DEPLOYMENT ON PROTECTION TO VOCATIONAL HIGHER
          SECONDARY SCHOOL, PANANGAD, ERNAKULAM)
          BY ADVS.
          V.A.MUHAMMED
          M.SAJJAD


RESPONDENT/S:

    1     THE STATE OF KERALA
          REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
          GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE II,
          THIRUVANANTHAPURAM-695 001
    2     THE DIRECTOR OF GENERAL EDUCATION,
          JAGATHY, THIRUVANANTHAPURAM-695 014
    3     THE DEPUTY DIRECTOR OF EDUCATION,
          KILLIPPALAM, P.O. CHALAI, THIRUVANANTHAPURAM-695 036
    4     THE ASSISTANT EDUCATIONAL OFFICER,
          KATTAKKADA, THIRUVANANTHAPURAM-695 572
    5     THE MANAGER,
          LOWER PRIMARY SCHOOL, VAVODE, P.O. VAZHICHAL,
          KATTAKKADA, THIRUVANANTHAPURAM-695 125
    6     SMT.TANSA T N,
          LOWER PRIMARY SCHOOL ASSISTANT,
          DARSANAVATTOM UPPER PRIMARY SCHOOL,
          THIRUVANANTHAPURAM (DEPLOYED IN GOVERNMENT V S LOWER
          PRIMARY SCHOOL, NAGAROOR, THIRUVANANTHAPURAM-695 601


          SMT. NISHA BOSE, SR GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 18772 OF 2022                     2



                                  JUDGMENT

This writ petition is filed challenging Ext.P4 order issued by the 3rd

respondent, as per which, directions have been issued to redeploy the 6th

respondent in the Thiruvananthapuram District. The petitioner contends that

she is the senior-most teacher and she is entitled to deployment to her parent

district. Stating all these aspects, the petitioner is stated to have preferred

Ext.P5 Appeal Petition before the 2nd respondent which is stated to be pending.

2. When this matter came up for consideration, Sri. M. Sajjad, the

learned counsel appearing for the petitioner submitted that the limited request

of the petitioner at this stage is for issuance of directions to the 2nd respondent

to consider Ext.P5 Appeal Petition and take a decision within a time frame with

due notice.

3. I have heard the learned Government Pleader. In view of the nature

of the order that I propose to pass, notice to respondents 5 and 6 is dispensed

with.

4. 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.P5 after affording an

opportunity of being heard, either physically or virtually, to the

petitioner herein or her authorised representative and respondents

5 and 6.

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 NS

APPENDIX OF WP(C) 18772/2022

PETITIONER(S) EXHIBITS :

Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 05.06.2002 Exhibit P2 TRUE COPY OF THE STAFF FIXATION ORDER 2016-

2017 DATED 04.12.2017 OF THE 4TH RESPONDENT Exhibit P3 TRUE COPY OF THE ORDER NO.

B5/11155/2021/DDE DATED 24.11.2021 OF THE 3RD RESPONDENT Exhibit P4 TRUE COPY OF THE ORDER NO.

B(2)/18707/2021/DDE DATED 17.01.2022 OF THE 3RD RESPONDENT Exhibit P5 TRUE COPY OF THE APPEAL PETITION FILED BEFORE THE 2ND RESPONDENT 04.05.2022 (WITHOUT EXHIBITS)

RESPONDENT(S) EXHIBITS : NIL