Kerala High Court
K.M.Sreedevi vs The State Of Kerala on 1 November, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
FRIDAY, THE 1ST DAY OF NOVEMBER 2024 / 10TH KARTHIKA, 1946
WP(C) NO. 27171 OF 2021
PETITIONER/S:
K.M.SREEDEVI, AGED 36 YEARS
W/O CHATTERJEE, HIGH SCHOOL ASSISTANT, S N D P HIGHER
SECONDARY SCHOOL, PALISSERY, THRISSUR DISTRICT-680027,
(DEPLOYED TO BRC AS CRC CO-ORDINATOR, MALA, AND
REPATRIATED TO PARENT SCHOOL AS UPSA).
BY ADVS.
V.A.MUHAMMED
M.SAJJAD
RESPONDENT/S:
1 THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT DEPARTMENT,
SECRETARIAT ANNEXE-II, THIRUVANANTHAPURAM-692001.
2 THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THIRUVANANTHAPURAM-695014.
3 THE DEPUTY DIRECTOR OF EDUCATION
AYYANTHOLE, THRISSUR DISTRICT-680003.
4 THE DISTRICT EDUCATIONAL OFFICER
IRINJALAKUDA, THRISSUR DISTRICT-680121.
5 THE MANAGER, S N D P HIGHER SECONDARY SCHOOL,
PALISSERY, THRISSUR DISTRICT-680027.
6 THE PRINCIPAL, S N D P HIGHER SECONDARY SCHOOL,
PALISSERY, THRISSUR DISTRICT-680027.
Adv. V.K Sunil, Sr.G.P
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.11.2024, ALONG WITH WP(C).22266/2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 27171 OF 2021
WP(C) NO. 22266 OF 2021
2024:KER:81344
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
FRIDAY, THE 1ST DAY OF NOVEMBER 2024 / 10TH KARTHIKA,
1946
WP(C) NO. 22266 OF 2021
PETITIONER/S:
THE MANAGER, SNDP HIGHER SECONDARY SCHOOL,
PALLISSERY,TRICHUR-680 027.
BY ADV S.SUJIN
RESPONDENT/S:
1 K.M.SREE DEVI,AGED 36 YEARS
W/O.CHATTERJEE, KAIMAPARAMBIL, AZHICODE,
THRISSUR DISTRICT-670 008.
2 DISTRICT EDUCATION OFFICER, IRIJALAKKUDA,
TRICHUR-680 121.
3 DIRECTOR OF GENERAL EDUCATION,
JAGATHY, TRIVANDRUM-695 014.
4 THE SECRETARY TO GOVERNMENT, DEPA
RTMENT OF GENERAL EDUCATION, SECRETARIAT ANNEX
II, THIRUVANANTHAPURAM-695 001.
5 STATE OF KERALA,REPRESENTED BY SECRETARY TO
GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION,
SECRETARIAT ANNE II, THIRUVANANTHAPURAM-695
001.
BY ADVS.
V.A.MUHAMMED
M.SAJJAD
ADV.VENUGOPAL V, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 01.11.2024, ALONG WITH WP(C).27171/2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 27171 OF 2021
WP(C) NO. 22266 OF 2021
2024:KER:81344
3
JUDGMENT
WP(C)NO.27171/2021 was filed by the person
who is presently working as UPSA in the school
managed by the fifth respondent in the said writ
petition. WP(C)No.22266/2021 was filed by the
Manager of the said school. The facts that led
to the filing of these writ petitions are as
follows:
2. The petitioner in WP(C)No.27171/2021,
(hereinafter referred to as teacher) was
appointed as HSA Malayalam in the school with
effect from 15.11.2007 against a resignation
vacancy. In the meanwhile, due to reduction of
post, the teacher was deployed by granting
protection, by the Deputy Director of Education
as per order dated 13.07.2018. Later, in the
staff fixation order for the year 2019-2020, the
petitioner was accommodated against the UPSA
vacancy. The case of the petitioner is that, as
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WP(C) NO. 22266 OF 2021
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the teacher is having approval in the regular
vacancy of HSA, she is entitled to protection in
the post of HSA, and it is not confined in UPSA.
However, the claim raised by the teacher in this
regard was rejected as per Ext.P4 order produced
in WP(C)No.27171/2021. As against the same, the
teacher submitted a revision petition which is
produced as Ext.P5 in WP(C)No.27171/2021 , and
the manager submitted another revision petition
which is produced as Ext.P4 in
WP(C)No.22266/2021.
3. After hearing all the parties, I am of
the view that since statutory remedies were
invoked by the petitioners, it is only proper that
a decision thereon be taken by the first
respondent in WP(C)No.27171/2021.
In such circumstances, these writ petitions
are disposed of, directing the first respondent in
WP(C)No.27171/2021 to take up the revisions
petitions referred to above, and to pass orders
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WP(C) NO. 22266 OF 2021
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thereon in accordance with law, after giving the
petitioners an opportunity of being heard. A
decision in this regard shall be taken by
following the timeline and priorities contemplated
in G.O.(Ms)No.54/2024/G.EDN dated 01.06.2024.
sd/-
ZIYAD RAHMAN A.A, JUDGE
R.AV
WP(C) NO. 27171 OF 2021
WP(C) NO. 22266 OF 2021
2024:KER:81344
APPENDIX OF WP(C) 27171/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER
DATED 15.11.2011 AND APPROVAL
RECORDED THEREON.
Exhibit P1(A) TRUE COPY OF THE APPOINTMENT ORDER
DATED 04.06.2012 AND APPROVAL
RECORDED THEREON.
Exhibit P1(B) TRUE COPY OF THE ORDER
NO.B6/2622/20168K.DIS DATED
22.10.2017 OF THE DEO, IRINJALAKUDA.
Exhibit P2 TRUE COPY OF THE ORDER
NO.B5/13780/2018 DATED 13.07.2018 OF
THE DDE, THRISSUR ALONG WITH LIST OF
PROTECTED TEACHERS.
Exhibit P2(A) TRUE COPY OF THE ORDER
NO.A-84/SSA/TSR/2018-19 DATED
17.07.2018 OF THE DISTRICT PROJECT
OFFICER, SSA, THRISSUR.
Exhibit P3 TRUE COPY OF THE STAFF FIXATION ORDER
2019-2020 OF THE DEO, IRINJALAKUDA.
Exhibit P4 TRUE COPY OF THE ORDER
NO.H2/6361/2020/DGE DATED 15.09.2021
OF THE 2ND RESPONDENT.
Exhibit P5 TRUE COPY OF THE REVISION PETITION
FILED BEFORE THE GOVERNMENT DATED
30.10.2021 (WITHOUT EXHIBITS).
Exhibit P6 TRUE COPY OF THE G O (P)
NO.29/16/G.EDN DATED 29.01.2016 OF
THE GOVERNMENT.
Exhibit P7 TRUE COPY OF THE LETTER
NO.H2/35985/2016/DPI DATED 19.08.2016
WP(C) NO. 27171 OF 2021
WP(C) NO. 22266 OF 2021
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OF THE DIRECTOR.
Exhibit P8 TRUE COPY OF THE G O (RT)
NO.3130/2019/G.EDN DATED 02.08.2019
OF THE GOVERNMENT.
Exhibit P9 TRUE COPY OF THE G O (RT)
NO.795/2020/G.EDN DATED 17.02.2020 OF
THE GOVERNMENT.
Exhibit P10 TRUE COPY OF THE G O (RT)
NO.4396/2019/G.EDN DATED 24.10.2019
OF THE GOVERNMENT.
Exhibit P11 TRUE COPY OF THE G O (RT)
NO.2684/2017/G.EDN DATED 09.08.2017
OF THE GOVERNMENT.
Exhibit P12 TRUE COPY OF THE INTERIM ORDER IN WPC
NO.2226682021 DATED 13.10.2021.
WP(C) NO. 27171 OF 2021
WP(C) NO. 22266 OF 2021
2024:KER:81344
APPENDIX OF WP(C) 22266/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE ORDER
NO.H2/6361/2020/DGE DATED 15.09.2021.
Exhibit P2 TRUE COPY OF THE ORDER OF GO(RT)
NO.2684/17 DATED 09.08.2017.
Exhibit P3 TRUE COPY OF THE ORDER DATED
145.12.2017 ISSUED BY THE DEPUTY
SECRETARY, GENERAL EDUCATION
DEPARTMENT.
Exhibit P4 TRUE COPY OF THE REVISION PETITION
FILED BY THE PETITIONER BEFORE THE
SECRETARY TO GOVERNMENT, GENERAL
EDUCATION DEPARTMENT GOVERNMENT OF
KERALA, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM DATED 08.102.2021.
