Manager vs State Of Kerala
2024 Latest Caselaw 31249 Ker

Kerala High Court

Manager vs State Of Kerala on 1 November, 2024

                                                           2024:KER:81347
WP(C) NO. 29275 OF 2023

                                    1


             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. 29275 OF 2023

PETITIONER/S:
    1     MANAGER, CHEMBILODE HIGHER SECONDARY SCHOOL,
          THALAVIL, PODUVACHERRY PO, KANNUR-670 621 SREEJA.K,
          W/O.VALSAN MATATHIL, AGED 53 YEARS MATATHIL HOUSE,
          CHOWA PO, KANNUR-, PIN - 670006
    2     REJI.C.,AGED 42 YEARS
          HIGH SCHOOL TEACHER (SOCIAL SCIENCE), CHEMBILODE
          HIGH SCHOOL, THALAVIL, POTHUVACHERRY PO,
          KANNUR-, PIN - 670621

             BY ADVS.
             K.MOHANAKANNAN
             H.PRAVEEN (KOTTARAKARA)


RESPONDENT/S:

     1       STATE OF KERALA,REPRESENTED BY SECRETARY TO
             GOVERNMENT, GENERAL EDUCATION DEPARTMENT,
              THIRUVANANTHAPURAM, PIN - 695001
     2       THE DIRECTOR OF GENERAL EDUCATION,
             OFFICE OF THE DIRECTORATE OF GENERAL EDUCATION,
             JAGATHI, THIRUVANANTHAPURAM-, PIN - 695014
     3       THE DEPUTY DIRECTOR OF EDUCATION
             PUZHATHI HOUSING COLONY, KANNUR,, PIN - 670002
     4       THE DISTRICT EDUCATIONAL OFFICER
             THAVAKKARA, KANNUR, -, PIN - 670002
     5       THE ASSISTANT ENGINEER,LSGD, CHEMBILODU GRAMA
             PANCHAYAT, MOVVANCHERRY PO-, PIN - 670613
      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   01.11.2024,   THE   COURT    ON    THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
                                                               2024:KER:81347
WP(C) NO. 29275 OF 2023

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                                  JUDGMENT

The first petitioner in this writ

petition is the manager of an aided school and

the second petitioner is working as HSA (social

science) in the said school. The challenge in

this writ petition is against Ext.P2 order so

far as it affects the second petitioner, by

which the second petitioner was ordered to be

deployed to another school in view of the

reduction of post. The case of the petitioners

is that such deployment was made even before the

issuance of staff fixation orders.

Today, this court disposed of WP(C)

No.25953/2023 directing the DEO to reconsider the

staff fixation order in the light of the fitness

certificate submitted by the petitioner. In such

circumstances, this writ petition also can be

disposed of, clarifying that the deployment of

the second petitioner shall be subject to the 2024:KER:81347 WP(C) NO. 29275 OF 2023

decision to be taken by the DEO in the matter of

staff fixation as directed by this court in

WP(C)No.29353/2023. Till such a decision is

taken the interim order passed by this court on

8.09.2023 and being extended from time to time,

will continue.

sd/-

ZIYAD RAHMAN A.A, JUDGE R.AV 2024:KER:81347 WP(C) NO. 29275 OF 2023

APPENDIX OF WP(C) 29275/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE STAFF FIXATION ORDER NO.B1/43802/2022 DATED 20-8-2022 ISSUED BY THE 4TH RESPONDENT

Exhibit P2 TRUE COPY OF THE PROCEEDINGS OF THE 3RD RESPONDENT NO.B4/3537/2023 DATED 23-8-

Exhibit P3 TRUE COPY OF THE COMMUNICATION NO.DEOKNR/1277/2023-B1 SENT BY THE 4TH RESPONDENT TO THE PETITIONERS DATED 26-8-