Sajina Salim vs The State Of Kerala
2024 Latest Caselaw 10577 Ker

Kerala High Court

Sajina Salim vs The State Of Kerala on 11 April, 2024

WPC.No.15123/24                    1

              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.15123 OF 2024
PETITIONER:

            SAJINA SALIM, AGED 34 YEARS,
            WIFE OF NIYAS M A, HIGH SCHOOL TEACHER (SOCIAL
            SCIENCE), LAJANATHUL MUHAMMADIYA HIGHER SECONDARY
            SCHOOL,                  ALAPPUZHA DISTRICT (RESIDING
            AT MATHIRAMPALLIL HOUSE,         ALAPRA P O, KOTTAYAM
            DISTRICT-686544), PIN - 688 001.

            BY ADVS.V.A.MUHAMMED
            V.RAJASEKHARAN NAIR



RESPONDENTS:

     1      THE STATE OF KERALA,
            REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT,
            GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE II,
            THIRUVANANTHAPURAM, PIN - 695 001.

     2      THE DIRECTOR OF GENERAL EDUCATION,
            JAGATHY, THIRUVANANTHAPURAM, PIN - 695 014.

     3      THE DEPUTY DIRECTOR OF EDUCATION,
            CIVIL LINES, ALAPPUZHA DISTRICT, PIN - 688 001.

     4      THE DISTRICT EDUCATIONAL OFFICER,
            JAWAHAR BALABHAVAN ROAD, ALAPPUZHA, PIN - 688 011.

     5      THE MANAGER, LAJANATHUL MUHAMMADIYA HIGHER SECONDARY
            SCHOOL, ALAPPUZHA, ALAPPUZHA DISTRICT, PIN - 688 001.


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC.No.15123/24                          2

                                  JUDGMENT

The petitioner who has got approval of appointment as HST

(SS) in the School managed by the 5 th respondent is under the threat

of retrenchment consequent to the reduction of division in the

school. Being aggrieved by the staff fixation and consequential

proposal for retrenchment of the petitioner, the petitioner submitted

Ext.P9 before the 1st respondent, which is now pending

consideration.

The limited prayer sought by the petitioner is for a direction to

the 1st respondent to take up Ext.P9 and to pass appropriate orders

thereon within a time frame. After hearing the learned counsel for

the petitioner and the learned Government Pleader, I am inclined to

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

Ext.P9 and to pass appropriate orders thereon in accordance with

law after hearing the petitioner, the 5 th respondent Manager and

other affected parties if any. Orders thereon shall be passed within

a period of four months from the date of receipt of a copy of this

judgment.

Sd/-

ZIYAD RAHMAN A.A. JUDGE DG/11.4.24

APPENDIX OF WP(C) 15123/2024

PETITIONER EXHIBITS

Exhibit P-1 TRUE COPY OF THE ORDER NO. B2/44562/2023 DATED 10.03.2023 OF THE DEO, ALAPPUZHA

Exhibit P-2 TRUE COPY OF THE ORDER NO. D.DIS.

B2/56739/2023 DATED 22.08.2023 OF THE DEO, ALAPPUZHA

Exhibit P-3 TRUE COPY OF THE APPOINTMENT ORDER DATED 01.06.2023

Exhibit P-4 TRUE COPY OF THE G.O. (MS.) NO.

102/2022/G.EDN DATED 08.06.2022

Exhibit P-5 TRUE COPY OF THE APPOINTMENT ORDER DATED 01.10.2023

Exhibit P-6 TRUE COPY OF THE G.O. (P) NO. 31/2006/GE DATED 19.01.2006

Exhibit P-7 TRUE COPY OF THE DECISION IN GEETHA S. V. GEO THOMAS K AND OTHERS (2009 (4) KHC 296)

Exhibit P-8 TRUE COPY OF THE DECISION IN ARSHAD BEEGUM J J V. NAJJEEB A AND OTHERS (2009 (4) KHC

458)

Exhibit P-9 TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE 1ST RESPONDENT DATED 30.03.2024

Exhibit P-10 TRUE COPY OF THE M.A CERTIFICATE DATED 18.02.2015 OF THE M.G. UNIVERSITY

Exhibit P-11 TRUE COPY OF THE M.ED CERTIFICATE ISSUED BY THE M.G. UNIVERSITY DATED 18.06.2015