Akshaya P V vs State Of Kerala
2024 Latest Caselaw 8869 Ker

Kerala High Court

Akshaya P V vs State Of Kerala on 27 March, 2024

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
           THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
    WEDNESDAY, THE 27TH DAY OF MARCH 2024 / 7TH CHAITHRA, 1946
                       WP(C) NO. 12859 OF 2024
PETITIONERS:

    1     AKSHAYA P V
          AGED 27 YEARS
          W/O. SREERAG M, LPST, RAMAGURU U.P SCHOOL,
          CHIRAKKAL, KANNUR DISTRICT, PIN - 670011

    2     AISHWARAYA RAMESH
          AGED 29 YEARS
          W/O. ATHUL CHERIYATH, LPST, RAMAGURU U.P SCHOOL,
          CHIRAKKAL, KANNUR DISTRICT, PIN - 670011

          BY ADVS.
          POOVAMULLE PARAMBIL ABDULKAREEM
          K.N.KUMARASWAMY SARMA


RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY THE SECRETARY TO GOVERNMENT,
          DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM, PIN - 695001

    2     DIRECTOR OF PUBLIC INSTRUCTIONS
          OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTIONS,
          JAGATHY, THIRUVANANTHAPURAM, PIN - 695014

    3     DISTRICT EDUCATION OFFICER
          OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,
          KANNUR, PIN - 670002

    4     ASSISTANT EDUCATIONAL OFFICER
          OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER,
          PAPPINISSERI, KANNUR DISTRICT, PIN - 670561

    5     MANAGER
          RAMAGURU U.P SCHOOL, CHIRAKKAL,
          KANNUR DISTRICT-, PIN - 670011

    6     HEADMISTRESS
          RAMAGURU U.P SCHOOL, CHIRAKKAL, KANNUR DISTRICT,
          PIN - 670011
 WP(C) NO. 12859 OF 2024
                                2



            ADV NISHA BOSE-GP


     THIS     WRIT   PETITION   (CIVIL)   HAVING   COME    UP    FOR
ADMISSION    ON   27.03.2024,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 12859 OF 2024
                                   3

                             JUDGMENT

The petitioners, who are working as LPST in 5th respondent

school, are sought to be retrenched on the basis of the staff fixation

made as per Ext.P4. Being aggrieved by the same, the petitioners

have submitted Exts.P6 and P7 revision before the 2 nd respondent.

The limited prayer sought by the petitioners is for an expeditious

disposal of Exts.P6 and P7 within a time limit.

After hearing the learned counsel for the petitioners and the

learned Government Pleader, I am inclined to dispose of this writ

petition with the following direction. It is ordered that Exts.P6 and

P7shall be taken up by the 2nd respondent, and appropriate orders

thereon in accordance with law shall be passed after hearing the

petitioners, within a period of two months from the date of receipt

of copy of this judgment. It is clarified that, the petitioners can

continue their respective posts at their risk until, a decision is taken

on Exts.P6 and P7.

Sd/-

ZIYAD RAHMAN A.A. JUDGE scs WP(C) NO. 12859 OF 2024

APPENDIX OF WP(C) 12859/2024

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

F/21046/2021 DATED 19/07/2023 ISSUED BY THE 4TH RESPONDENT TO THE 1ST PETITIONER Exhibit P2 TRUE COPY OF THE APPROVAL ORDER NO.

F/21045/2021 DATED 26/08/2023 ISSUED BY THE 4TH RESPONDENT TO THE 2ND PETITIONER Exhibit P3 TRUE COPY OF THE STAFF FIXATION ORDER NO. D.DIS. F/56208/2023 DATED 18/08/2023 ISSUED BY THE 4TH RESPONDENT Exhibit P4 TRUE COPY OF THE REVISED STAFF FIXATION ORDER NO. F/56208/2023 DATED 20/02/2024 ISSUED BY THE 4TH RESPONDENT Exhibit P5 TRUE COPY OF THE G.O(P)NO.5/2022/GEDN DATED 18/04/2022 ISSUED BY THE 1ST RESPONDENT Exhibit P6 TRUE COPY OF THE REVISION PETITION DATED 20/03/2024 SUBMITTED BY THE 1ST PETITIONER Exhibit P7 TRUE COPY OF THE REVISION PETITION DATED 20/03/2024 SUBMITTED BY THE 2ND RESPONDENT Exhibit P8 TRUE COPY OF THE APPLICATION FOR LEAVE DATED 18/03/2024 IN FORM NO.13 SUBMITTED BY THE 1ST PETITIONER Exhibit P9 TRUE COPY OF THE ROLL STRENGTH SHOWN IN CLASS IV IN SAMANWAYA DATED 18/03/2024