Citation : 2024 Latest Caselaw 15443 Ker
Judgement Date : 5 June, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
WEDNESDAY, THE 5TH DAY OF JUNE 2024 / 15TH JYAISHTA,
1946
WP(C) NO. 20178 OF 2024
PETITIONER:
SR. ROJI M.I
AGED 43 YEARS
D/O. INASU, DAUGHTERS OF DIVINE PROVIDENCE,
CRAFT TEACHER, MOUNT CARMEL HIGH SCHOOL,
MAMANNA, ATTAPPADI, JELLIPPARA P.O, PALAKKAD
DISTRICT; RESIDING AT MOUNT CARMEL CONVENT,
MAMANNA, ATTAPPADI, JELLIPPARA P.O, PALAKKAD
DISTRICT, PIN - 678581
BY ADVS.
JACOB SEBASTIAN
WINSTON K.V
ANU JACOB
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE ADDITIONAL DIRECTOR OF GENERAL EDUCATION
(ACADEMIC)
VAZHUTHACAUD, POOJAPPURA ROAD, JAGATHY,
THIRUVANANTHAPURAM, PIN - 695014
3 THE DEPUTY DIRECTOR OF EDUCATION
PALAKKAD, OFFICE OF THE DEPUTY DIRECTOR OF
EDUCATION, PALAKKAD DISTRICT, PIN - 678001
4 THE DISTRICT EDUCATIONAL OFFICER MANNARKKAD
DISTRICT EDUCATIONAL OFFICE, MANNARKKAD P.O,
PALAKKAD DISTRICT, PIN - 678582
5 THE CORPORATE MANAGER
JAI CHRISTO C.M.C EDUCATIONAL AGENCY, JAI
W.P.(C).No 20178 of 2024
2
CHRISTO, PALAKKAD DISTRICT, PIN - 678004
OTHER PRESENT:
ADV NISHA BOSE-GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 05.06.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C).No 20178 of 2024
3
JUDGMENT
The petitioner is presently working as a craft teacher, in the
School managed by the 5th respondent. The grievance of the
petitioner is that, on basis of Ext.P4 of staff fixation order, the said
post has been abolished. Being aggrieved by the same, Ext. P7
revision was filed before the 1 st respondent. Subsequently, Ext P8
representation was also submitted before the 1 st respondent by
the manager. The limited prayer sought by the petitioner is to
direct the 1st respondent to pass orders on Exts. P7 and P8, within
a time frame.
After hearing the learned counsel for the petitioner and the
learned Government Pleader this Writ Petition is disposed of
directing the 1st respondent to take up Exts.P7 and P8 and to pass
appropriate orders thereon after hearing the petitioner and the 5 th
respondent manager. Orders in this regard 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
Mms W.P.(C).No 20178 of 2024
APPENDIX OF WP(C) 20178/2024
PETITIONER'S EXHIBITS Exhibit-P1 A TRUE COPY OF THE ORDER OF APPOINTMENT OF THE PETITIONER DATED 01.06.2015 ISSUED BY THE FIFTH RESPONDENT.
Exhibit-P2 A TRUE COPY OF THE STAFF FIXATION ORDER NO. D.DIS/B2/3297/15 CONCERNING THE MOUNT CARMEL HIGH SCHOOL, MAMANNA FOR THE ACADEMIC YEAR 2015-16 DATED 13.04.2016.
Exhibit-P3 A TRUE COPY OF THE PROCEEDINGS DATED 16.02.2019 ISSUED BY THE FOURTH RESPONDENT.
Exhibit-P4 A TRUE COPY OF THE STAFF FIXATION ORDER NO. B2/57818/2023 CONCERNING THE MOUNT CARMEL HIGH SCHOOL, MAMANNA FOR THE ACADEMIC YEAR 2023-24 DATED 16.08.2023.
Exhibit-P5 A TRUE COPY OF THE ORDER NO.B5/61353/2023 DATED 11.11. 2023 ISSUED BY THE THIRD RESPONDENT. Exhibit-P6 A TRUE COPY OF THE ORDER NO.
RA1/703494/2024 DATED 08.04.2024 ISSUED BY THE SECOND RESPONDENT. Exhibit-P7 A TRUE COPY OF THE MEMORANDUM OF REVISION DATED 13.04.2024.
Exhibit-P8 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE FIFTH RESPONDENT FOR THE FIRST RESPONDENT DATED 02.06.2024.
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