Ampillimol C.N vs State Of Kerala
2023 Latest Caselaw 10819 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                   THE HONOURABLE MR. JUSTICE T.R.RAVI
     THURSDAY, THE 19TH DAY OF OCTOBER 2023 / 27TH ASWINA, 1945
                         WP(C) NO. 31776 OF 2023
PETITIONER:

              AMPILLIMOL C.N.,
              AGED 36 YEARS, W/O PRAVEEN NAIR, MUSIC TEACHER,
              M D SEMINARY HIGHER SECONDARY SCHOOL, KOTTAYAM,
              RESIDING AT LAXMI VILAS, PERUNNA PO, CHANGANASSERY,
              KOTTAYAM, PIN - 686102.

              BY ADV U.BALAGANGADHARAN


RESPONDENTS:

     1        STATE OF KERALA
              REPRESENTED BY SECRETARY, GENERAL EDUCATION DEPARTMENT,
              GOVERNMENT SECRETARIAT (ANNEX), THIRUVANANTHAPURAM,
              PIN - 695001.
     2        THE DIRECTOR OF GENERAL EDUCATION,
              JAGATHY, THIRUVANANTHAPURAM, PIN - 695014.
     3        THE DEPUTY DIRECTOR OF EDUCATION,
              PALACE ROAD, KOTTAYAM, PIN - 686101.
     4        THE DISTRICT EDUCATIONAL OFFICER [ D.E.O. ]
              THIRUNAKKARA, KOTTAYAM, PIN - 686001.
     5        THE CORPORATE MANAGER
              CORPORATE EDUCATIONAL AGENCY, CATHOLICATE & MD SCHOOLS,
              DEVALOKAM, KOTTAYAM, PIN - 686004.
     6        SHRI TENSY OOMMEN JACOB
              DRAWING TEACHER, M D SEMINARY HIGHER SECONDARY SCHOOL,
              KOTTAYAM, PIN - 686004.

              BY ADVS.
              V.A MUHAMMED
              V.RAJASEKHARAN NAIR(K/423/2010)

              SMT. K. G. SAROJINI. GP.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 31776 OF 2023

                                         2

                                T.R. RAVI, J.
                       --------------------------------------
                      W.P.(C) No.31776 of 2023
                    ----------------------------------------------------
                 Dated this the 19th day of October, 2023

                                JUDGMENT

The petitioner has preferred Ext.P6 revision against the

staff fixation which resulted in the post of Music Teacher being

abolished in the MDS, Kottayam under the management of the

5th respondent. It is submitted that the 6 th respondent is sought

to be appointed in the vacancy of a Drawing Teacher, which is

also a specialist teacher's post, which can affect the right of the

petitioner.

2. The counsel for the 5th respondent submitted that

admittedly, the post of Drawing Teacher which is a sanctioned

post had not been filled up since a couple of years. It is

submitted that the 6th respondent had been appointed to that

post even before the petitioner had been shifted to MDS,

Kottayam.

In the above circumstances, this writ petition is disposed of WP(C) NO. 31776 OF 2023

directing the 2nd respondent to consider and pass orders on

Ext.P6, after hearing the petitioner and respondents 5 and 6 at

the earliest, at any rate within two months from the date of

receipt of a copy of this judgment. Approval, if any, of the

appointment of the 6th respondent will be subject to the result of

Ext.P6 revision petition. The petitioner may be permitted to

continue as Music Teacher at her own risk pending

consideration of the revision.

Sd/-

T.R.RAVI JUDGE mpm WP(C) NO. 31776 OF 2023

APPENDIX OF WP(C) 31776/2023

PETITIONER'S EXHIBITS

Exhibit P 1 A TRUE COPY OF THE PROCEEDINGS OF THE 3RD RESPONDENT DATED 24.12.2021.

Exhibit P 2 A TRUE COPY OF ORDER DATED 18.8.2023 ISSUED BY THE 5TH RESPONDENT.

Exhibit P 3 A TRUE COPY OF STAFF FIXATION ORDER ISSUED BY THE 4TH RESPONDENT DATED 19.8.2023. Exhibit P 4 A TRUE COPY OF THE GOVT. ORDER DATED 7.9.2017.

Exhibit P 5 A TRUE COPY OF THE GOVT. ORDER DATED 5.8.2016.

Exhibit P 6 A TRUE COPY OF THE REPRESENTATION DATED 12.9.2023 SUBMITTED BY THE PETITIONER TO SECOND RESPONDENT.