V.A. Ameera vs State Of Kerala
2023 Latest Caselaw 11525 Ker

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                       THE HONOURABLE MR. JUSTICE T.R.RAVI
      WEDNESDAY, THE 8TH DAY OF NOVEMBER 2023 / 17TH KARTHIKA, 1945
                             WP(C) NO. 9085 OF 2022
PETITIONER:

     1        V.A. AMEERA
              AGED 35 YEARS
              W/O. ABDULLA, AMBATTU HOUSE, P.O, VENGOLA, MEPRATHUPADY,
              PERUMBAVOOR, ERNAKULAM DISTRICT, (FORMER LOWER PRIMARY
              SCHOOL ASSISTANT, DARUSSALAM LOWER PRIMARY SCHOOL,
              THRIKKAKARA, COCHIN - 682021.
              BY ADVS.
              V.A.MUHAMMED
              M.SAJJAD

RESPONDENTS:

     1        STATE OF KERALA
              REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL
              EDUCATION DEPARTMENT, SECRETARIAT ANNEXE II,
              THIRUVANANTHAPURAM - 695001.
     2        THE DIRECTOR OF GENERAL EDUCATION
              JAGATHY, THIRUVANANTHAPURAM - 695014.
     3        THE ASSISTANT EDUCATION OFFICER
              ALUVA, ERNAKULAM DISTRICT - 683101.
     4        THE HEADMASTER,
              DASUSSALAM LOWER PRIMARY SCHOOL, THRIKKAKARA, COCHIN -
              682021.
     5        THE HEADMISTRESS,
              DARUSSALAM LOWER PRIMARY SCHOOL, THRIKKAKARA, COCHIN -
              682021.
              BY ADV SMT. NISHA BOSE. SR.GP.


     THIS     WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
08.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC No.9085 of 2022
                                   2




                       T.R. RAVI, J.
            ------------------------------------
               W.P.(C.) No.9085 of 2022
            ------------------------------------
       Dated this the 08th day of November, 2023
                             JUDGMENT

The petitioner has challenged Ext.P4 order which

has been passed on the revision petition submitted by

the petitioner on 10.06.2021. Even though Ext.P5

argument note had been placed before the

Government, none of the aspects have been taken

into account.

2. The grievance of the petitioner is that the

petitioner is not included in the teachers bank. The

petitioner points out that, in Ext.P11 which has been

issued, persons who are junior to the petitioner have

given been protection and deployment.

In such circumstances, the writ petition is

allowed. Ext.P4 is quashed. There will be a direction

to the first respondent to consider and pass orders on WPC No.9085 of 2022

the revision petition dated 10.06.2021 referred to as

first reference in Ext.P4 with due regard to Ext.P11

order issued, after hearing the petitioner, at the

earliest, at any rate, within three months from the

date of receipt of a copy of this judgment.

Sd/-

T.R.RAVI JUDGE SKP/08-11 WPC No.9085 of 2022

APPENDIX OF WP(C) 9085/2022

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 05.06.2006. EXHIBIT P2 TRUE COPY OF THE GO(RT) NO. 588/2020/G.EDN DATED 01.02.2020.

EXHIBIT P3 TRUE COPY OF THE ORDER NO. D/3308/2020 DATED 12.10.2020.

EXHIBIT P4 TRUE COPY OF THE GO(RT) NO. 422/2022/G.EDN DATED 20.01.2022.

EXHIBIT P5 TRUE COPY OF THE HEARING NOTE SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT DATED 13.10.2021.

EXHIBIT P6 TRUE COPY OF THE ORDER NO. C/2812/08 DATED 26.11.2009 OF THE AEO.

EXHIBIT P7 TRUE COPY OF THE STAFF FIXATION ORDER 2009-2010 DATED 31.08.2009.

EXHIBIT P8 TRUE COPY OF THE GO(RT) NO. 1786/2016/G.EDN DATED 31.05.2016.

EXHIBIT P9 TRUE COPY OF THE GO(RT) NO. 2767/2018/G.EDN DATED 21.07.2018.

EXHIBIT P10 TRUE COPY OF THE GO(RT) NO. 5484/2021/G.EDN DATED 28.11.2021.

EXHIBIT P-11 TRUE COPY OF THE ORDER NO. DDEEKM/15680/2021-B5 DATED 19.08.2023 EXHIBIT P-12 TRUE COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE DDE DATED 24.09.2023 RESPONDENTS' EXHIBITS:NIL

TRUE COPY

P.A. TO JUDGE