Mallika K vs State Of Kerala
2024 Latest Caselaw 16706 Ker

Kerala High Court

Mallika K vs State Of Kerala on 12 June, 2024

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
        THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
  WEDNESDAY, THE 12TH DAY OF JUNE 2024 / 22ND JYAISHTA,
                           1946
                  WP(C) NO. 21111 OF 2024
PETITIONER:

          MALLIKA K.
          AGED 51 YEARS
          W/O RADHAKRISHNAN T., HEADMISTRESS, HEMAMBIKA
          SANSKRIT HIGH SCHOOL, KALLEKULANGARA, PALAKKAD.
          RESIDING AT 'AMBADI' BLOCK - C2, HILL VIEW
          NAGAR, PUDUPPARIYARAM, PALAKKAD.,
          PIN - 678 731.

          BY ADVS.
          S.M.PREM
          H.NARAYANAN
          G INDUCHUDAN
          T.M.MUHAMMED MUSTHAQ
          MUHAMMED NAHAS T.

RESPONDENTS:

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

    2     DIRECTOR OF GENERAL EDUCATION
          JAGATHY, THYCAUD P.O., THIRUVANANTHAPURAM.,
           PIN - 695 014.

    3     DEPUTY DIRECTOR OF EDUCATION PALAKKAD
          CIVIL STATION, PALAKKAD., PIN - 678 001.

    4     DISTRICT EDUCATIONAL OFFICER PALAKKAD
          DISTRICT EDUCATIONAL OFFICE, PALAKKAD.,
          PIN - 678 009.
 W.P.(C). No. 21111 of 2024
                             :2:


     5      MANAGER
            HEMAMBIKA SANSKRIT HIGH SCHOOL, KALLEKULANGARA,
            KALLEKULANGARA P.O., PALAKKAD.,
            PIN - 678 009.

     6      DISTRICT SCHEDULED TRIBES DEVELOPMENT OFFICER
            OFFICE OF THE DISTRICT SCHEDULED TRIBES DEVELOPMENT
            OFFICER, PALAKKAD., PIN - 678 001.

            BY ADV NISHA BOSE, GOVERNMENT PLEADER


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C). No. 21111 of 2024
                              :3:


                             JUDGMENT

Dated this the 12th day of June, 2024

The petitioner, who is working as Headmistress in the

school managed by the 5th respondent, has approached this

Court being aggrieved by the revision of staff fixation order

on the basis of an inspection conducted by the Super Check

Cell, Kozhikode. As a consequence of the same, the post of

the petitioner is proposed to be abolished. Being aggrieved

by the same, Ext.P13 revision petition has been submitted,

which is now pending before the 1st respondent. The limited

prayer sought by the petitioner is to direct the 1st

respondent to consider Ext.P13 and pass orders within a

time frame.

2. After hearing the learned counsel for the petitioner

and the learned Government Pleader, I am inclined to

dispose of this writ petition.

Accordingly, it is ordered that the 1st respondent shall

take up Ext.P13 and pass appropriate orders thereon, in

accordance with law, after hearing the petitioner, the 5 th

respondent Manager and the persons affected, if any. Till

such a decision is taken, the coercive proceedings pursuant

to Exts.P10 and P11 shall be kept in abeyance. It is further

clarified that, the petitioner can continue at her own risk.

Sd/-

ZIYAD RAHMAN A.A. SCB JUDGE

APPENDIX OF WP(C) 21111/2024

PETITIONER'S EXHIBITS

EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER DATED 11-07-2023 ISSUED BY THE 5TH RESPONDENT APPOINTING THE PETITIONER HAS HEADMISTRESS IN HEMAMBIKA SANSKRIT HIGH SCHOOL.

EXHIBIT P2 TRUE COPY OF ORDER NO.

B1/1942/2023/DEOPKD/K.DIS. DATED 04-09- 2023 ISSUED BY THE 4TH RESPONDENT - DEO SANCTIONING LEAVE TO SRI. K. G. JAYACHANDRAN FROM 11-09-2023 TILL HIS RETIREMENT ON 31-03-2024.

EXHIBIT P3 TRUE COPY OF ORDER NO. DEOPKD/2901/2023-B1 DATED 19-11-2023 ISSUED BY THE 4TH RESPONDENT - DEO PUTTING THE PETITIONER IN CHARGE OF DDO.

EXHIBIT P4                TRUE      COPY       OF      ORDER      NO.
                          B1/50391/2023/K.DIS.    DATED    24-03-2024

ISSUED BY 4TH RESPONDENT - DEO DECLINING APPROVAL OF APPOINTMENT OF THE PETITIONER AS HEADMISTRESS.

EXHIBIT P5 TRUE COPY OF THE JUDGEMENT DATED 21-05- 2024 PASSED IN W.P. (C) NO. 18049 OF 2024 DIRECTING THE 3RD RESPONDENT - DDE TO PASS ORDERS ON THE APPEAL WITHIN ONE MONTH.

EXHIBIT P6 TRUE COPY OF THE STAFF FIXATION ORDER NO.

DEOPKD/B1/2250/2023/DATED 18-08-2023 ISSUED BY THE 4TH RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE PROCEEDINGS NO.

S.C.K.K.D/80/2023 DATED 25-01-2024 ISSUED BY THE 2ND RESPONDENT - DGE.

EXHIBIT P8 TRUE COPY OF THE HEARING NOTE DATED 20-05- 2024 SUBMITTED ON BEHALF OF THE 5TH RESPONDENT - MANAGER TO THE 2ND RESPONDENT

- DGE AT THE TIME OF HEARING CONDUCTED ON 22-05-2024.

EXHIBIT P9 TRUE COPY OF THE APPOINTMENT ORDER DATED 01-04-2024 ISSUED BY THE 5TH RESPONDENT APPOINTING THE PETITIONER AS HEADMISTRESS IN THE RETIREMENT VACANCY WHICH AROSE ON 31-03-2024.

EXHIBIT P10 TRUE COPY OF ORDER NO. S.C.K.K.D/80/2023 DATED 28-05-2024 ISSUED BY THE 2ND RESPONDENT - DGE.

EXHIBIT P11 TRUE COPY OF THE REVISED STAFF FIXATION ORDER NO. B1/294/2024/D.E.O.P.K.D DATED 31-05-2024.

EXHIBIT P12 TRUE COPY OF LETTER NO.

B1/294/2024/D.E.O.P.K.D DATED 03-06-2024 OF THE 4TH RESPONDENT - DEO FORWARDING EXHIBIT P11 TO THE RESPONDENTS 2 AND 3.

EXHIBIT P13 TRUE COPY OF THE REVISION PETITION DATED 06-06-2024 FILED BY THE PETITIONER UNDER RULE 92 IN CHAPTER XIV(A) OF KER AGAINST EXHIBITS P10 AND P11 ORDERS.