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G.S. Sruthi vs State Of Kerala
2024 Latest Caselaw 32608 Ker

Citation : 2024 Latest Caselaw 32608 Ker
Judgement Date : 11 November, 2024

Kerala High Court

G.S. Sruthi vs State Of Kerala on 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

2024:KER:84289

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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