Shafna K.S vs The State Of Kerala
2024 Latest Caselaw 10462 Ker

Kerala High Court

Shafna K.S vs The State Of Kerala on 11 April, 2024

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
           THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
    THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
                       WP(C) NO. 15068 OF 2024
PETITIONERS:

    1     SHAFNA K.S.
          AGED 34 YEARS
          W/O. SULAIMAN, HIGH SCHOOL TEACHER (PET),
          MUKKAM H.S.S., THAMARASSERY EDUCATION DISTRICT,
          KOZHIKKODE DISTRICT, RESIDING AT PUTHIYADATHIL HOUSE,
          VELLASSERY P.O., NEAR REC, KOZHIKODE DISTRICT,
          PIN - 673602

    2     APARNA P.
          AGED 34 YEARS
          W/O. SANDEEP KRISHNAN, HST (PHYSICAL SCIENCE),
          MUKKAM H.S.S., THAMARASSERY EDUCATION DISTRICT,
          KOZHIKKODE DISTRICT, RESIDING AT POOMANGALATH HOUSE,
          CHETHUKADAVE, CHATHAMANGALAM P.O., KOZHIKKODE DISTRICT,
          PIN - 673601

    3     AGIN SUBASH
          AGED 34 YEARS
          S/O. SUBASH BABU, HST (MALAYALAM), MUKKAM H.S.S.,
          THAMARASSERY EDUCATION DISTRICT, KOZHIKKODE DISTRICT,
          RESIDING AT MEETHALE MAPPILADIYIL HOUSE, POOVADAM GATE,
          VATAKARA-3, KOZHIKKODE DISTRICT, PIN - 673103

    4     RANJISHA K.P.
          AGED 42 YEARS
          W/O. SUGATHA K., WORKING AS LOWER GRADE (HINDI),
          MUKKAM H.S.S., THAMARASSERY EDUCATION DISTRICT,
          KOZHIKKODE DISTRICT, RESIDING AT EDAPPARAKKANDIYIL
          HOUSE, KIZHAKKUMMURI, KAKKODI P.O., KOZHIKKODE
          DISTRICT, PIN - 673611

          BY ADV DINESH KUMAR K.


RESPONDENTS:

    1     THE STATE OF KERALA
          REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
           GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEX-II,
          THIRUVANANTHAPURAM, PIN - 695001
 WP(C) NO. 15068 OF 2024
                                 2

    2       THE DIRECTOR OF GENERAL EDUCATION
            JAGATHY, THIRUVANANTHAPURAM, PIN - 69514

    3       THE DEPUTY DIRECTOR OF EDUCATION
            MANANCHIRA, KOZHIKODE P.O.,
            KOZHIKKODE DISTRICT, PIN - 673001

    4       THE DISTRICT EDUCATIONAL OFFICER
            THAMARASSERY P.O., MINI CIVIL STATION,
            THAMARASSERY, KOZHIKODE DISTRICT, PIN - 673573

    5       MANAGER
            MUKKAM HIGHER SECONDARY SCHOOL, MUKKAM P.O.,
            THAMARASSERY EDUCATIONAL DISTRICT,
            KOZHIKKODE DISTRICT, PIN - 673602



            ADV NISHA BOSE-GP
     THIS    WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION    ON   11.04.2024,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 15068 OF 2024
                                   3

                              JUDGMENT

The petitioners, who are the Teachers in Mukkam Higher

Secondary School, has approached this Court being aggrieved by the

order of reduction of staff strength and consequential retrenchment. It

is pointed out that, the petitioners have submitted Ext.P10 revision

petition before the 1st respondent highlighting their grievances.

Considering the fact that, the petitioners have invoked their remedy by

way of revision petition, it is only proper that a decision be taken

thereon by the 1st respondent as expeditiously as possible.

In such circumstances, after hearing the learned counsel for the

petitioners and the learned Government Pleader, I am inclined to

dispose of is writ petition directing the 1st respondent to take up

Ext.P10 revision petition and to pass appropriate orders thereon after

hearing the petitioners and the 5th respondent. The decision thereon

shall be taken within a period of four months from the date of receipt

of a copy of this judgment.

Sd/-

ZIYAD RAHMAN A.A. JUDGE scs WP(C) NO. 15068 OF 2024

APPENDIX OF WP(C) 15068/2024

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE APPROVAL ORDER NO.

A5/5898/2016/K.DIS DATED 13/12/2016 ISSUED BY THE 4TH RESPONDENT Exhibit P2 TRUE COPY OF THE APPROVAL ORDER NO.

A5/779/2018/K.DIS DATED 28/02/2019 ISSUED BY THE 4TH RESPONDENT Exhibit P3 TRUE COPY OF THE APPROVAL ORDER NO.

A5/5801/2018/K.DIS DATED 18/03/2019 ISSUED BY THE 4TH RESPONDENT Exhibit P4 TRUE COPY OF THE APPROVAL ORDER NO.

A5/5802/2018/K.DIS DATED 28/02/2019 ISSUED BY THE 4TH RESPONDENT Exhibit P5 TRUE COPY OF THE STAFF FIXATION ORDER NO. DHEE-THEE (MALAYALAM) A5/42010/2022 DATED 20/08/2022 ISSUED BY THE 4TH RESPONDENT Exhibit P6 TRUE COPY OF THE ORDER G.O. (M.S.) NO.

220/2022/GEDN DATED THIRUVANANTHAPURAM DATED 02/12/2022 ISSUED BY THE 1ST RESPONDENT Exhibit P7 TRUE COPY OF THE ORDER NO.

A5/120466/2022 DATED 30/12/2022 ISSUED BY THE 4TH RESPONDENT Exhibit P8 TRUE COPY OF THE APPEAL SUBMITTED BY THE MANAGER BEFORE THE 3RD RESPONDENT DATED 30/08/2022 Exhibit P9 TRUE COPY OF THE REVISION DATED 01/02/2023 SUBMITTED BY THE 4TH PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P10 TRUE COPY OF THE REVISION PETITION SUBMITTED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT DATED 10/03/2024