Priya C vs Assistant Educational Officer
2024 Latest Caselaw 9335 Ker

Kerala High Court

Priya C vs Assistant Educational Officer on 3 April, 2024

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
    WEDNESDAY, THE 3RD DAY OF APRIL 2024 / 14TH CHAITHRA, 1946
                        WP(C) NO. 39162 OF 2022
PETITIONER:

          PRIYA C.,
          AGED 38 YEARS
          W/O UNNIKRISHNAN NAIR K, LPST(MALAYALAM), ALP SCHOOL,
          BADOORPADAVU, BADOOR P.O, KASARGOD DISTRICT,
          RESIDING AT EDACHAL HOUSE, ANINHA, PERUMBALA, PO;
          KASARGOD DISTRICT, 671317.

          BY ADVS.
          Muhamood T.T
          LAKSHMI PRIYA C.B.(K/000900/2022)
          FEENA MELEETA ARUJA(K/001811/2023)


RESPONDENTS:

    1     ASSISTANT EDUCATIONAL OFFICER,
          MANJESHWAR AT UPPALA, PO UPPALA,
          KASARGOD DISTRICT, 671322.

    2     DISTRICT EDUCATIONAL OFFICER,
          KASARGOD, 671121.

    3     DEPUTY DIRECTOR OF EDUCATION,
          KASARGOD, 671121.

    4     DIRECTOR OF GENERAL EDUCATION,
          JAGATHI, THIRUVANANTHAPURAM, 695001.

    5     STATE OF KERALA,
          REPRESENTED BY SECRETARY,
          DEPARTMENT OF GENERAL EDUCATION,
          THIRUVANANTHAPURAM, 695001.

    6     MANAGER,
          ALP SCHOOL, BADOORPADAVU, BADOOR P.O,
          KASARGOD DISTRICT, 671321.
 WP(C) NO. 39162 OF 2022
                                  2

           BY ADVS.
           JOSE ABRAHAM
           E.ADITHYAN(K/746/2014)
           ADV.SAROJINI K.G. - GP
      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   03.04.2024,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 39162 OF 2022
                                        3

                               JUDGMENT

The petitioner, who is working as LPST (Malayalam) in the ALP

School, the school managed by the 6 th respondent, has approached this

Court being aggrieved by Ext.P21 order by which the post of the

petitioner was cancelled, on the basis of the Staff Fixation Order passed

in this regard. The 6th respondent, the Manager has submitted Ext.P22

revision petition before the 5th respondent which is now pending

consideration. The limited prayer sought by the petitioner is for a

direction for expeditious disposal of Ext.P22.

After hearing the learned counsel for the petitioner, the learned

Government Pleader and learned counsel for the 6 th respondent, this writ

petition is disposed of, directing the 5th respondent to take up Ext.P22

and pass appropriate orders thereon in accordance with law after hearing

the petitioner as well as the 6th respondent, within a period of four

months from the date of receipt of a copy of this judgment. It is clarified

that, in the meantime till such orders are passed, the petitioner can

continue in the post at her own risk.

Sd/-

ZIYAD RAHMAN A.A. JUDGE scs WP(C) NO. 39162 OF 2022

APPENDIX OF WP(C) 39162/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER DATED 01/06/2015.

Exhibit P2 TRUE COPY OF ORDER DATED 18/02/2016 ISSUED BY 1ST RESPONDENT DECLINING APPROVAL.

Exhibit P3          TRUE COPY OF ORDER NO. B3/1586/2016/KDIS
                    DATED    20.06.2016    ISSUED     BY   2ND
                    RESPONDENT.
Exhibit P4          TRUE COPY OF STAFF FIXATION ORDER DATED
                    4/2/2016 FOR 2015-16.
Exhibit P5          TRUE COPY OF REVISION PETITION DATED

20/7/2016 SUBMITTED BY MANAGER BEFORE 4TH RESPONDENT.

Exhibit P6 TRUE COPY OF STAFF FIXATION ORDER DATED 18/12/2017 FOR 2016-17, Exhibit P7 TRUE COPY OF STAFF FIXATION ORDER FOR 2017-18 ALSO DATED 12/7/2017.

Exhibit P8 TRUE COPY OF REPRESENTATION DATED 16/5/2018 PREFERRED BY MANAGER BEFORE THE FOURTH RESPONDENT.

Exhibit P9 TRUE COPY OF REPORT DATED 16/7/2018 SUBMITTED BY 1ST RESPONDENT BEFORE THE GOVERNMENT.

Exhibit P10 TRUE COPY OF THE APPOINTMENT ORDER DATED 5/11/2019.

Exhibit P11 TRUE COPY OF GOVERNMENT LETTER DATED 19/11/2019.

Exhibit P12 TRUE COPY OF GOVERNMENT LETTER DATED 29/11/2019.

Exhibit P13 TRUE COPY OF ORDER DATED 19/12/2019 GRANTING APPROVAL .

Exhibit P14 TRUE COPY OF REVISED STAFF FIXATION ORDER DATED 18/10/2021 FOR 2015-16.

Exhibit P15 TRUE COPY OF ORDER AS-3/257257/20 DDE DATED 23/4/2021 ISSUED BY THIRD RESPONDENT.

Exhibit P16 TRUE COPY OF THE REPRESENTATION DATED 10/1/2022 SUBMITTED BY MANAGER. WP(C) NO. 39162 OF 2022

Exhibit P17 TRUE COPY OF LETTER DATED 26/2/2022 ISSUED BY 3RD RESPONDENT.

Exhibit P18 TRUE COPY OF GO (MS) NO. 162/14/GEDN DATED 20/8/2014 .

Exhibit P19 TRUE COPY OF APPOINTMENT ORDER DATED 01/06/2022 AGAINST RETIREMENT VACANCY. Exhibit P20 TRUE OF THE LETTER DATED 20/6/2022 ISSUED BY THIRD RESPONDENT TO THE FIRST RESPONDENT.

Exhibit P21 TRUE COPY OF APPOINTMENT ORDER DATED 8/11/2022.

Exhibit P22 TRUE COPY OF THE REPRESENTATION DATED 03- 08-2022 SUBMITTED BY THE MANAGER BEFORE THE 5TH RESPONDENT