Citation : 2024 Latest Caselaw 8883 Ker
Judgement Date : 27 March, 2024
WPC.No.30866/2023 1
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. 30866 OF 2023
PETITIONER/S:
RASEENA N.P,
AGED 39 YEARS,
D/O.ALI, URDU TEACHER, S.N. UPPER PRIMARY SCHOOL,
KODUNTHIRAPPULLY, PALAKKAD, PIN - 678 004.
BY ADVS.
GEORGE ABRAHAM
JOBY D JOSEPH
MARY CATHERINE PRIYANKA P.S.
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL
EDUCATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695 001.
2 THE DIRECTOR OF GENERAL EDUCATION,
OFFICE OF THE DIRECTOR OF GENERAL EDUCATION
JAGATHY, THIRUVANANTHAPURAM, PIN - 695 014.
3 DEPUTY DIRECTOR OF EDUCATION,
OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION,
PALAKKAD DISTRICT, PIN - 678 001.
4 ASSISTANT EDUCATIONAL OFFICER,
OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER,
PALAKKAD DISTRICT, PIN - 678 001.
5 HEADMASTER,
WPC.No.30866/2023 2
S.N.UPPER PRIMARY SCHOOL, KODUNTHIRAPPULLY,
PALAKKAD, PIN - 678 004.
BY SMT.SAROJINI K.G., GOVERNMENT PLEADER.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 27.03.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WPC.No.30866/2023 3
JUDGMENT
Petitioner is aggrieved by Ext.P10 staff fixation order by
which the post of Urdu Teacher which is now occupied by the
petitioner is going to be cancelled. The learned counsel for
the petitioner points out that on previous years also similar
exercises were done and after approaching this Court and the
Government, orders were passed by the authorities restoring
the said post. Now the petitioner highlighted the grievance as
against Ext.P10 by filing Ext.P11 revision before the 1st
respondent, which is now pending consideration. Limited
prayer sought by the petitioner is that, a decision thereon be
taken as expeditiously as possible.
The learned Government Pleader upon instruction
submitted that, the hearing of Ext.P11 revision is already
scheduled to be conducted on 15.04.2024. In such
circumstances, this writ petition is disposed of recording the
submission of the learned Government Pleader and further
directing that the hearing said to be conducted on 15.04.2024
shall be completed only after issuing notice to the petitioner and
after hearing her. Appropriate orders on Ext.P11 shall be
passed by the authorities within a period of two months from
the date of receipt of a copy of this judgment.
Sd/-
ZIYAD RAHMAN A.A. JUDGE DG/27.3.24
APPENDIX OF WP(C) 30866/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 01.06.2016
Exhibit P2 TRUE COPY OF THE JUDGMENT IN WP(C)NO.17104/2018 DATED 25.05.2018
Exhibit P3 TRUE COPY OF THE ORDER, G.O(RT) NO.3286/2018/G.EDN. DATED 01.09.2018
Exhibit P4 TRUE COPY OF THE JUDGMENT IN WP(C)NO.26673/2022 DATED 19.08.2022
Exhibit P5 TRUE COPY OF THE GOVERNMENT ORDER, G.O(RT) NO. 7030/2022/G.EDN. DATED 19/11/2022
Exhibit P6 TRUE COPY OF THE STAFF FIXATION ORDER, F/46315/2022 DATED 25.08.2022 ISSUED BY THE ASSISTANT EDUCATIONAL OFFICER, PALAKKAD
Exhibit P7 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO. 29881/2022 DATED 29/9/2022
Exhibit P8 TRUE COPY OF THE GOVERNMENT ORDER, G.O(RT) NO. 2993/2023/G.EDN. DATED 23/5/2023
Exhibit P9 . TRUE COPY OF THE ATTENDANCE REGISTER OF THE STUDENTS' STRENGTH FOR STUDYING URDU IN STANDARD V, VI AND VII
Exhibit P10 TRUE COPY OF THE STAFF FIXATION ORDER NO. F/55698/2023 DATED 18/8/2023 FOR THE ACADEMIC YEAR 2023-24
Exhibit P11 TRUE COPY OF THE REVISION SUBMITTED BY THE PETITIONER DATED 20/6/2023
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