Shabira P.A vs The State Of Kerala
2022 Latest Caselaw 7501 Ker

Citation : 2022 Latest Caselaw 7501 Ker
Judgement Date : 24 June, 2022

Kerala High Court

Shabira P.A vs The State Of Kerala on 24 June, 2022

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
           THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
         FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944
                        WP(C) NO. 20557 OF 2022
PETITIONER/S:

           SHABIRA P.A.
           AGED 43 YEARS
           WIFE OF LATE USMAN P.A. HSA (URDU),
           SREE NARAYANA HIGHER SECONDARY SCHOOL,
           IRINJALAKUDA, KATTUNGACHIRA, IRINJALAKUDA,
           THRISSUR DISTRICT-680 125. (RESIDING AT PONNAKKARAN
           (HOUSE), KANDANSSERY P.O., ARIKANNIYOOR VIA,
           THRISSUR DISTRICT- 680 102).

           BY ADVS.
           V.A.MUHAMMED
           P.A.JENZIA

RESPONDENT/S:

     1     THE STATE OF KERALA
           REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
           GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXURE - II,
           THIRUVANANTHAPURAM - 695 001.

     2     THE DIRECTOR OF GENERAL EDUCATION,
           JAGATHY, THIRUVANANTHAPURAM-695 014.

     3     THE DEPUTY DIRECTOR OF EDUCATION,
           CIVIL STATION, THRISSUR DISTRICT - 680003.

     4     THE DISTRICT EDUCATIONAL OFFICER,
           IRINJALAKUDA, THRISSUR DISTRICT-680 121

     5     THE MANAGER,
           SREE NARAYANA HIGHER SECONDARY SCHOOL,
           IRINJALAKUDA, THRISSUR DISTRICT-680 125.

     6     THE PRINCIPAL,
           SREE NARAYANA HIGHER SECONDARY SCHOOL,
           IRINJALAKUDA, THRISSUR DISTRICT-680 125.

           SMT NISHA BOSE, SR GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION          ON
24.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 20557 OF 2022                2




                                   JUDGMENT

The petitioner asserts that she was appointed as a High School Teacher

in Sree Narayana Higher Secondary School, Irinjalakkuda with effect from

1.6.2015. According to the petitioner, the post of Part-Time Urdu was reduced

in the staff fixation order for the academic year 2019-20 due to a reduction of

student strength. Though the Manager preferred an appeal before the DDE,

the same was rejected. Being aggrieved, the petitioner, as well as the

Manager, have moved separate revision petitions before the Government

which are stated to be pending. It is in the afore circumstances that the

petitioner is before this Court seeking directions.

2. Sri. M. Sajjad, the learned counsel appearing for the petitioner

submitted that necessary directions be issued to the 1st respondent to

consider Exts.P6 and P7 in the light of Exts.P8 and P9.

3. Heard Smt.Nisha Bose, the learned Senior Government Pleader.

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

respondents 5 and 6 is 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 1st respondent to

take up, consider and pass appropriate orders on Exts.P6 and P7 in

the light of Exts.P8 and P9 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 three 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.