Swapna Abraham vs The State Of Kerala
2023 Latest Caselaw 2179 Ker

Citation : 2023 Latest Caselaw 2179 Ker
Judgement Date : 10 February, 2023

Kerala High Court

Swapna Abraham vs The State Of Kerala on 10 February, 2023

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                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     FRIDAY, THE 10TH DAY OF FEBRUARY 2023 / 21ST MAGHA, 1944
                        WP(C) NO. 34033 OF 2022
PETITIONER:

          SWAPNA ABRAHAM,
          AGED 45 YEARS
          WIFE OF ABY VARGHESE, HIGH SCHOOL TEACHER (ENGLISH),
          ST. MARY'S HIGHER SECONDARY SCHOOL, MANARCAD, KOTTAYAM-
          686 019 (ON DEPLOYMENT AT M T HIGH SCHOOL,
          KANAKAPPALAM)

          BY ADVS.
          V.A.MUHAMMED
          M.SAJJAD



RESPONDENTS:

    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,
          CIVIL STATION, KOTTAYAM-686 001.

    4     THE DISTRICT EDUCATIONAL OFFICER,
          CIVIL STATION, KOTTAYAM-686 001

    5     THE MANAGER,
          ST. MARY'S HIGHER SECONDARY SCHOOL, MANARCAD, KOTTAYAM
          DISTRICT.

    6     THE PRINCIPAL,
          ST. MARY'S HIGHER SECONDARY SCHOOL, MANARCAD, KOTTAYAM
          DISTRICT-686 019

    7     HEADMISTRESS,
          THE MAR THOMAS HIGH SCHOOL, KANAKAPPALAM, ERUMELY-686
 WP(C) NO. 34033 OF 2022
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            509, KOTTAYAM DISTRICT.


     THIS    WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION    ON   10.02.2023,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 34033 OF 2022
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                P.V.KUNHIKRISHNAN, J.
             ===================
               WP(C) No. 34033 OF 2022
             ===================
       Dated this the 10th day of February, 2023


                              JUDGMENT

The above writ petition is filed with the following prayers;

i) issue a writ of mandamus or other appropriate writ, order or direction commanding the Respondents to grant repatriation to the Petitioner to her parent School i.e. St.Mary's Higher Secondary School, Manarcad has HST (English) in the light of Exhibits P-2 and P-3 forthwith.

ii) Pass such other order or direction which this Hon'ble Court may deem fit and proper to grant in the circumstances of the case.

2. When this writ petition came up for consideration,

the learned Counsel for the petitioner submitted that, the

petitioner entered into service in the 5th respondent school on

27.08.2005 as HST (English). It is the case of the petitioner

that she has got regular service in the school since

01.06.2007. According to the petitioner, she is the only HST

(English) available in this school. The posts in which the

petitioner has been working was abolished by staff fixation WP(C) NO. 34033 OF 2022

order of 2015-2016. Accordingly she was deployed to the BRC

Ettumanoor. When the writ petition was filed by the petitioner,

she was working at MT High School, Kanakappalam. Pursuant

to the judgment of this Court in W.P.(C). No.23159/2018 the

Government issued order dated 17.10.2022. In the light of

Ext.P3, it is the case of the petitioner that, this Court allowed

to recall the deployed teacher to her present school for the

post of HST (English). It is stated that it has been complied by

the DDE, Kollam. It is also submitted that, the DDE made a

condition to the effect that the petitioner can continue only till

the end of this academic year. It is submitted that in view of

Ext.P2 and Ext.P5 the petitioner also entitled to return back to

his parent school as HST (English). It is also submitted that,

there is no HST (English) in St.Mary's Higher Secondary School

Mannrcad. Hence she is entitled to get repatriation to her

parent School is the contention.

When this writ petition came up for consideration on

18.11.2022, this Court passed the following orders.

"I have heard Sri.M.Sajjad, the learned counsel appearing for the petitioner and the learned Government Pleader.

WP(C) NO. 34033 OF 2022

2. The learnd counsel contends that in view of the law laid down by this Court in Ext.P2 judgment, the respondents are bound to create and formulate the cadre of HST (English) with effect from 2021-2022 onwards. Furthermore, the State has undertaken before the Hon'ble Supreme Court that they have decided to comply with the judgment and the SLP was dismissed, recording he same. According to the learned counsel, there has arisen a vacancy of HST (English) in St.Mary's Higher Secondary School, Manarcad, her parent school, and she is entitled to be repatriated.

3. It is submitted by the learned Government Pleader that the time has been sought and seeks an adjournment.

4. Having regard to the submissions advanced, there will be a direction to the respondents to initiate steps to grant repatriation to the petitioner to St.Mary's Higer Secondary School, Manarcad, the parent school of the Petitioner, forthwith."

3. Today when the matter came up for

consideration, the learned counsel for the petitioner

submitted that, the petitioner is satisfied if the directions

are issued to the Government to consider Ext.P9.

I think that prayer can be allowed. Therefore, this

writ petition is disposed of with the following directions. WP(C) NO. 34033 OF 2022

1. The first respondent is directed to consider and

pass appropriate orders in Ext.P9, as expeditiously as

possible, at any rate, within a period of three months

from the date of receipt of a copy of this judgment, after

giving an opportunity of hearing to the petitioner. Till final

orders are passed as directed above, the interim order