Fousia.K vs State Of Kerala
2023 Latest Caselaw 11204 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                   THE HONOURABLE MR. JUSTICE T.R.RAVI
         FRIDAY, THE 27TH DAY OF OCTOBER 2023 / 5TH KARTHIKA, 1945
                         WP(C) NO. 35255 OF 2023
PETITIONER:

              FOUSIA.K
              AGED 48 YEARS
              JUNIOR ARABIC TEACHER, KVUP SCHOOL, VADAKKUMPURAM,
              MALAPPURAM, PIN - 676552.

              BY ADVS.
              AUGUSTINE JOSEPH
              TONY AUGUSTINE


RESPONDENTS:

     1        STATE OF KERALA
              REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL
              EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
              THIRUVANANTHAPURAM, PIN - 695001.
     2        DEPUTY DIRECTOR OF EDUCATION
              CIVIL STATION, MALAPPURAM, PIN - 673576.
     3        ASSISTANT EDUCATION OFFICER
              KUTTIPPURAM, MALAPPURAM, PIN - 679571.


              SMT. NISHA BOSE. SR.GP.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 35255 OF 2023

                                         2

                                T.R. RAVI, J.
                       --------------------------------------
                      W.P.(C) No.35255 of 2023
                    ----------------------------------------------------
                 Dated this the 27th day of October, 2023

                                JUDGMENT

Admit. Government Pleader takes notice for the respondents.

2. The petitioner is an Arabic Teacher in the UP Section.

During staff fixation, the post of Arabic Teacher in the UP Section

was lost, but an additional post was granted in the LP Section. The

petitioner was allowed to continue in the school till 10.10.2023. The

2nd respondent issued orders directing the deployment of the

petitioner for the reason that UP and LP cannot be treated as one

unit. The petitioner joined the deployed school on 11.10.2023 and has

filed Ext.P6 revision petition before the 1st respondent. The petitioner

seeks early disposal of the same, particularly in view of Exts.P3 to P5

orders, which have been issued in similar cases. There is also a

prayer to stay the recovery of the salary from 21.08.2023 to

10.10.2023, when she was working in the LP Section.

In view of the limited prayer made, this writ petition is disposed

of directing the 1st respondent to consider and pass orders on Ext.P6 WP(C) NO. 35255 OF 2023

with due regard to Exts.P3 to P5 orders after hearing the petitioner,

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

receipt of a copy of this judgment. The proceedings for recovery of

salary which have been disbursed to the petitioner for the period

from 21.08.2023 to 10.10.2023 shall be kept in abeyance till a

decision is taken on Ext.P6.

Sd/-

T.R.RAVI JUDGE mpm WP(C) NO. 35255 OF 2023

APPENDIX OF WP(C) 35255/2023

PETITIONER'S EXHIBITS

Exhibit-P1 TRUE COPY OF THE PROCEEDINGS NO.

B3/7476/2023/DDE DATED 10.10.2023 OF THE 2ND RESPONDENT.

Exhibit-P2 TRUE COPY OF THE PROCEEDINGS NO.

C/54283/2023 DATED 21.8.2023 OF THE 3RD RESPONDENT.

Exhibit-P3 TRUE COPY OF THE ORDER IN G.O.

(RT).NO.4677/2023/G.EDN DATED 16.8.2023. Exhibit-P4 TRUE COPY OF THE ORDER IN G.O.

(RT).NO.3370/2023/G.EDN DATED 12.6.2023. Exhibit-P5 TRUE COPY OF THE ORDER IN G.O.

(RT).NO.514/2021/G.EDN DATED 19.1.2021. Exhibit-P6 TRUE COPY OF THE REVISION PETITION DATED 12.10.2023 PENDING BEFORE THE 1ST RESPONDENT.