Citation : 2024 Latest Caselaw 32608 Ker
Judgement Date : 11 November, 2024
2024:KER:84289
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
MONDAY, THE 11TH DAY OF NOVEMBER 2024 / 20TH KARTHIKA, 1946
WP(C) NO. 39724 OF 2024
PETITIONER/S:
1 G.S. SRUTHI,
AGED 35 YEARS
UPSA, S.N.U.P. SCHOOL, THEVALAKKADU, VELLALLOOR
P.O., KILIMANOOR, THIRUVANANTHAPURAM DISTRICT, PIN
- 695601
2 V. SASEENDRAN,
AGED 70 YEARS
MANAGER, S.N.U.P. SCHOOL, THEVALAKKADU, VELLALLOOR
P.O., KILIMANOOR, THIRUVANANTHAPURAM DISTRICT, PIN
- 695601
BY ADVS.
GEORGE ABRAHAM
MARY CATHERINE PRIYANKA P.S.
ALEX TOM JOSEPH
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL
EDUCATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THIRUVANANTHAPURAM, PIN - 695014
W.P.C No. 39724 of 2024
2
2024:KER:84289
3 ASSISTANT EDUCATIONAL OFFICER,
KILIMANOOR, THIRUVANANTHAPURAM DISTRICT, PIN -
695601
4 HEADMISTRESS,
S.N.U.P. SCHOOL, THEVALAKKADU, VELLALLOOR P.O.,
KILIMANOOR, THIRUVANANTHAPURAM DISTRICT, PIN -
695601
OTHER PRESENT:
ADV. VENUGOPAL.V, G.P
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 11.11.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.C No. 39724 of 2024
3
2024:KER:84289
JUDGMENT
The petitioner was appointed in a vacancy that arose
consequent to the promotion given to one A.S Anila, the senior
most LPSA as Headmistress. In the meanwhile Smt. S Sheeja
the Headmistress in the school retired from service on attaining
superannuation. Smt. S.Sheeja was a UPSA prior to her
appointment as Headmistress. Accordingly, the Manager
appointed Smt. A.S.Anila, the senior most LPSA as
Headmistress. Since the Smt. S. Sheeja was an UPSA prior to
her appointment as the Headmistress, the Manager requested to
reduce one post of LPSA and sanction one post of UPSA so as to
enable the 2nd petitioner to accommodate the 1 st petitioner in
that vacancy. The same was rejected as per Ext.P7. Being
aggrieved the petitioner submitted Ext.P14 revision petition
before the 1st respondent. The limited prayer sought by the
petitioner is to direct the 1st respondent to pass orders on the
revision petition within a time frame.
After hearing the learned counsel for the petitioner and the
2024:KER:84289
learned Government Pleader, I am inclined to dispose of this
writ petition. Accordingly, it is ordered that the 1 st respondent
shall take up Ext.P14 and to pass appropriate orders thereon ,
after hearing the petitioners and the other affected parties, if
any, by adverting to the observations made in Exts.P12 and P13
judgments. A decision in this regard shall be taken, by the 1 st
respondent, as expeditiously as possible, by following the
timeline and the priorities contemplated in G.O.
(Ms)No.54/2024/GEDN dated 01.06.2024.
Sd/-
ZIYAD RAHMAN A.A. JUDGE rpk
2024:KER:84289
APPENDIX OF WP(C) 39724/2024
PETITIONER EXHIBITS
Exhibit P1 A COPY OF THE ORDER NO.C/23718/2022 DATED 23/4/2022 ISSUED BY THE ASSISTANT EDUCATIONAL OFFICER, KILIMANOOR
Exhibit P2 A COPY OF THE ORDER NO.C/726629/2024 DATED 4/6/2024 ISSUED BY THE ASSISTANT EDUCATIONAL OFFICER
Exhibit P3 A COPY OF THE REQUEST NO.M10/2024 DATED 3/6/2024 SUBMITTED BY THE 2ND PETITIONER
Exhibit P4 A COPY OF THE APPOINTMENT ORDER ISSUED BY THE MANAGER DATED 3/6/2024
Exhibit P5 A COPY OF THE ORDER NO.C/392/2024 DATED 17/7/2024 ISSUED BY THE 3RD RESPONDENT
Exhibit P6 A COPY OF THE STAFF FIXATION ORDER NO.C/749581/2024 DATED 9/7/2024 ISSUED BY THE CONTROLLING OFFICER
Exhibit P7 A COPY OF THE ORDER NO.C/748795/2024 DATED 20/10/2024 OF REJECTION ISSUED BY THE CONTROLLING OFFICER
Exhibit P8 TRUE COPY OF THE G.O(RT) NO.
518/2020/G.EDN DATED 28/1/2020
Exhibit P9 A COPY OF THE ORDER NO.F1/235136/2021 DATED 19/12/2022 ISSUED BY THE 2ND RESPONDENT
Exhibit P10 A COPY OF THE COMMUNICATION NO.F1/20967/2023/DGE DATED 30/3/2024
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Exhibit P11 A COPY OF THE ORDER NO.C/719253/2024 DATED 25/4/2024 ISSUED BY THE 3RD RESPONDENT
Exhibit P12 A COPY OF THE JUDGMENT IN W.A. NO.
1273/2004 DATED 11/8/2008
Exhibit P13 A COPY OF THE JUDGMENT IN W.A. NO.
783/2016 DATED 17/5/2016
Exhibit P14 A COPY OF THE REVISION PETITION SUBMITTED BY THE 2ND PETITIONER DATED 29/10/2024
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