Jaico G Arakkal Nellissery vs The State Of Kerala
2023 Latest Caselaw 4970 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 13TH DAY OF APRIL 2023 / 23RD CHAITHRA, 1945
                    WP(C) NO. 10997 OF 2023
PETITIONER/S:

            JAICO G ARAKKAL NELLISSERY
            AGED 51 YEARS
            LPST, AMLPS NATTIKA, RESIDING AT ARAKKAL
            NELLISSERY HOUSE, VALAPPAD P.O., THRISSUR, PIN -
            680567
            BY ADV P.C.SASIDHARAN


RESPONDENT/S:

    1       THE STATE OF KERALA
            REPRESENTED BY THE SECRETARY TO GOVERNMENT,
            GENERAL EDUCATION DEPARTMENT, SECRETARIAT,
            THIRUVANANTHAPURAM, PIN - 695001
    2       THE DEPUTY DIRECTOR OF EDUCATION
            OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION,
            THRISSUR, PIN - 680003
    3       THE ASSISTANT EDUCATIONAL OFFICER
            OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER,
            VALAPPAD P.O., NATTIKA, PIN - 680567
            BY ADV GOVERNMENT PLEADER


OTHER PRESENT:

            SMT.NISHA BOSE, SR.GP


     THIS    WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION    ON   13.04.2023,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
                                                       2-
W.P.(C). No. 10997 of 2023



                             P.V.KUNHIKRISHNAN, J.
                             ======================================================

                              W.P.(C) No. 10997 of 2023
                         =============================================================

                     Dated this the 13th day of April, 2023

                                          JUDGMENT

The above writ petition is filed with following prayers:

"I. Declare that the petitioner is entitled to redeployment to his parent school since there exist permanent/substantive vacancies in A.M.L.P.S Nattika available in the cadre of LPST.

II. To issue appropriate writ, order or direction directing the respondents to redeploy the petitioner in his parent school, A.M.L.P.S Nattika.

III. To issue appropriate writ, order or direction directing the 3rd respondent to consider Exhibit P3 representation submitted by the petitioner.

IV. To issue such other and further reliefs as may be prayed for from time to time." (sic)

2. The petitioner while working as LPST in AMLPS

Nattiaka, was deployed to the 'Teachers Bank' since in the staff

fixation order for the academic year 2019-2020 of the school he

was found to be an excess teacher. The petitioner is a deployed 3-

W.P.(C). No. 10997 of 2023

teacher having a lien to come back to the parent school on arising

of permanent vacancies in the parent school, is the submission.

The petitioner submitted a representation through the

headmistress, AMLPS Nattika before the 3rd respondent for

deployment to his parent school. But the 3 rd respondent has not

taken any action in the matter, is the submission. According to

the petitioner, there are three vacant posts in the parent school, as

per Ext.P2 staff fixation order. Hence this writ petition is filed.

3. Heard the counsel for the petitioner and the

Government Pleader.

4. After hearing both sides, I am of the considered

opinion that this writ petition itself can be disposed of directing

the 3rd respondent to consider Ext.P3, within a time frame in the

light of Ext.P2 staff fixation order.

Therefore, this writ petition is disposed of in the following

manner:

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W.P.(C). No. 10997 of 2023

1. The 3rd respondent is directed to consider and pass appropriate orders in Ext.P3, as expeditiously as possible at any rate within one month from the date of receipt of a stamped certified copy of this judgment.

2. While passing orders in Ext.P3, the 3rd respondent will also consider Ext.P2 staff fixation order also.

3. The petitioner will produce a stamped certified copy of this judgment together with a copy of this writ petition before the 3rd respondent for compliance.

sd/-

P.V.KUNHIKRISHNAN JUDGE das 5-

W.P.(C). No. 10997 of 2023

APPENDIX OF WP(C) 10997/2023

PETITIONER EXHIBITS Exhibit1 TRUE COPY OF THE DEPLOYMENT ORDER NO.B5/13580/19(1) DATED 20/07/2019 Exhibit P2 TRUE COPY OF THE STAFF FIXATION ORDER NO.C/50483/2022 DATED 20/08/2022 Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED 02/09/2022 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT