Kerala High Court
Sameera Beevi Thekkepurayil vs The State Of Kerala on 7 November, 2024
2024:KER:84556
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W.P.(C) No.38848 of 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
THURSDAY, THE 7TH DAY OF NOVEMBER 2024 / 16TH KARTHIKA,
1946
WP(C) NO. 38848 OF 2024
PETITIONER:
SAMEERA BEEVI THEKKEPURAYIL
AGED 41 YEARS
W/O RAFEEK A.C LG (ARABIC) TEACHER, THAVATH
DEVIVILASAM LP SCHOOL, THAVAM, KANNUR DISTRICT,
RESIDING AT NOORUL HUDA,- KUNHIMANAGALAM,
KOVAPPURAM, KANNUR DISTRICT, PIN - 670301
BY ADVS.
V.A.MUHAMMED
M.SAJJAD
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY ITS PRINCIPAL SECRETARY TO
GOVERNMENT, GENERAL EDUCATION DEPARTMENT,
SECRETARIAT ANNEXE II, THIRUVANANTHAPURAM,
PIN - 695001
2 THE DIRECTOR OF GENERAL EDUCATION
JAGATHY, THIRUVANANTHAPURAM, PIN - 695014
3 THE DEPUTY DIRECTOR OF EDUCATION
OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION,
KANNUR, PIN - 670002
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W.P.(C) No.38848 of 2024
4 THE DISTRICT EDUCATIONAL OFFICER
OFFFICE OF THE DISTRICT EDUCATIONAL OFFICER,
THALIPARAMBA, KANNUR, PIN - 670141
5 THE ASSISTANT EDUCATIONAL OFFICER
OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER,
MADAI, KANNUR DISTRICT, PIN - 670002
6 THE MANAGER
THAVATH DEVIVILASAM LP SCHOOL, THAVAM, KANNUR
DISTRICT, PIN - 670301
7 THE HEADMASTER
THAVATH DEVIVILASAM LP SCHOOL, THAVAM, KANNUR
DISTRICT, PIN - 670301
ADV. VENUGOPAL.V, G.P
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 07.11.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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W.P.(C) No.38848 of 2024
ZIYAD RAHMAN A.A , J
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W.P.(C) No.38848 of 2024
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Dated this the 07th day of November, 2024
JUDGMENT
The petitioner was appointed as LG (Arabic) Teacher
in the School managed by the 6 th respondent with effect from
06.06.2019 against an additional post. However, the approval
was rejected by the 5th respondent, on the reason that the
post was not sanctioned in the staff fixation order as the
school is working in a temporary building. As against the staff
fixation order the Manager, the 2nd respondent, submitted
Ext.P4 revision petition, which is now pending consideration.
2. The petitioner, also submitted Ext.P17
revision petition before the 2nd respondent, being aggrieved
by the staff fixation order. The limited prayer sought by the
petitioner is to direct the 2nd respondent to pass order on
Exts.P4 and P17.
After hearing the learned counsel appearing for the
petitioner and the learned Government Pleader, this writ
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petition is disposed of directing the 2nd respondent to take up
Exts.P4 and P17, and to pass appropriate orders after hearing
the petitioner, 6th respondent and the affected parties if any,
in case the said revision petitions are pending consideration.
The decision in this regard shall be taken within a period of
two months from the date of receipt of copy of this judgment.
ZIYAD RAHMAN A.A,
JUDGE
GBG
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APPENDIX OF WP(C) 38848/2024
PETITIONER EXHIBITS
Exhibit P-1 TRUE COPY OF THE APPOINTMENT ORDER OF
THE PETITIONER DATED 06.06.2019
Exhibit P-2 TRUE COPY OF THE ORDER OF THE AEO
NO.C/5644/2019 DATED 18.11.2019
Exhibit P-3 TRUE COPY OF THE STAFF FIXATION ORDER
FOR THE ACADEMIC YEAR 2019-20
Exhibit P-4 TRUE COPY OF THE REVISION PETITION
Exhibit P-5 TRUE COPY OF THE STAFF FIXATION ORDER
FOR THE ACADEMIC YEAR 2022-23
Exhibit P-6 TRUE COPY OF THE ORDER OF THE AEO,
MADAI VIDE NO. F/52548/2023 DATED
22.11.2023
Exhibit P-7 TRUE COPY OF THE APPEAL MEMORANDUM
SUBMITTED THROUGH SAMANWAYA
Exhibit P-8 TRUE COPY OF THE ORDER NO.
B5/202102/2023 DATED 12.03.2024
Exhibit P-9 TRUE COPY OF THE ORDER NO.
G2/13090/2024/DGE DATED 10.07.2024 BY
THE DEPUTY DIRECTOR OF EDUCATION
Exhibit P-10 TRUE COPY OF THE GO(RT)
NO.2031/2021/G.EDN DATED 01.03.2021
ISSUED BY THE GOVERNMENT
Exhibit P-11 TRUE COPY OF THE GO(RT)
NO.4675/2021/G.EDN DATED 18.10.2021
ISSUED BY THE GOVERNMENT
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Exhibit P-12 TRUE COPY OF THE GO(RT)
NO.437/2020/G.EDN DATED 23.01.2020
ISSUED BY THE GOVERNMENT
Exhibit P-13 TRUE COPY OF THE G.O ( MS) NO.
29/2023/G.EDN DATED 24.03.2023 ISSUED
BY THE GOVERNMENT
Exhibit P-14 TRUE COPY OF THE CIRCULAR NO.
DGE/15133-2023(2)-H2 DATED 03.02.2024
Exhibit P-15 TRUE COPY OF THE GOVERNMENT LETTER NO.
JR1/502/2023-PWD DATED 01.11.2023
Exhibit P-16 TRUE COPY OF THE G.O (MS) NO.102/2022/
G.EDN DATED 08.06.2022
Exhibit P-17 TRUE COPY OF THE REVISION PETITION
SUBMITTED BY THE PETITIONER BEFORE THE
DIRECTOR DATED 12.10.2024
