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Fathima V.P vs State Of Kerala
2024 Latest Caselaw 27791 Ker

Citation : 2024 Latest Caselaw 27791 Ker
Judgement Date : 13 September, 2024

Kerala High Court

Fathima V.P vs State Of Kerala on 13 September, 2024

                                              2024:KER:70879

         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                          PRESENT

        THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.

FRIDAY, THE 13TH DAY OF SEPTEMBER 2024 / 22ND BHADRA, 1946

                  WP(C) NO. 32687 OF 2024

PETITIONERS:

    1    FATHIMA V.P
         AGED 37 YEARS
         W/O SHAMSAD K, HSA(MATHEMATICS), SEETHI SAHIB
         HSS, TALIPARAMBA, KANNUR (RESIDING AT VACHAPURAM
         HOUSE, MAZUR, PANNIYUR P.O, KANNUR - 670 142 ),
         PIN - 670 141

    2    UNAIS K,
         AGED 31 YEARS
         S/O MOOSA K, HSA(MALAYALAM), SEETHI SAHIB HSS,
         TALIPARAMBA, KANNUR (RESIDING AT KANIYAMKUNNIMMAL
         HOUSE, KOLAYAD P.O, KANNUR – 670650),
         PIN - 670 141

         BY ADVS.
         V.A.MUHAMMED
         M.SAJJAD




RESPONDENTS:

    1    STATE OF KERALA
         REPRESENTED BY ITS PRINCIPAL SECRETARY TO
         GOVERNMENT GENERAL EDUCATION DEPARTMENT,
         SECRETARIAT ANNEXE - II, THIRUVANANTHAPURAM,
         PIN - 695 001

    2    THE DIRECTOR OF GENERAL EDUCATION,
         JAGATHY, THIRUVANANTHAPURAM,
         PIN - 695 014

    3    THE DEPUTY DIRECTOR OF EDUCATION,
         KANNUR, PIN - 670 002
     WP(C)No. 32687 of 2024

                                              2024:KER:70879
                                2
    4     THE DISTRICT EDUCATIONAL OFFICER,
          TALIPARAMBA, KANNUR DISTRICT, PIN - 670 141

    5     THE MANAGER,
          SEETHI SAHIB HSS, TALIPARAMBA, KANNUR,
          PIN - 670 141

    6     THE HEADMASTER,
          SEETHI SAHIB HSS, TALIPARAMBA, KANNUR,
          PIN - 670 141

          ADV NISHA BOSE-SR GP


     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 13.09.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
     WP(C)No. 32687 of 2024

                                              2024:KER:70879
                               3


                      JUDGMENT

The petitioners are the teachers in the school

managed by the 5th respondent with approved service..

Their grievance is that they are facing retrenchment

consequent to the staff fixation order issued for the year

2024-25. The case of the petitioners is that, there arose

some discrepancy in the uploading of UID details of the

students who were present on the 6th working day and this

resulted in the staff fixation order leading to the

abolishment of the post held by the petitioners. In such

circumstances highlighting their grievances, the petitioners

have submitted Ext.P6 revision petition before the 1 st

respondent. The limited prayer sought by the petitioner is

to direct the 1st respondent to consider and pass orders

within a time frame.

After hearing the learned Counsel for the petitioner

2024:KER:70879

and the learned Government Pleader, I am inclined to

dispose of this Writ Petition. Accordingly, it is ordered

that, the 1st respondent shall take up Ext.P6 Revision

Petition and appropriate orders thereon shall be passed in

accordance with law after hearing the petitioner, the 5 th and

6th respondents, and also the affected parties, if any. The

orders in this regard shall be passed by following priorites

and timeline contemplated in Government Order G.O.

(MS) 54/2024/GEDN dated 01.06.2024.

Sd/-

ZIYAD RAHMAN A A JUDGE AKH

2024:KER:70879

APPENDIX OF WP(C) 32687/2024

PETITIONER EXHIBITS

EXHIBIT P-1 TRUE COPY OF THE STAFF FIXATION ORDER FOR THE ACADEMIC YEAR 2023-2024 VIDE NO.B1/59556/2023 DATED 21.08.2023

EXHIBIT P-2 TRUE COPY OF THE 6TH WORKING DAY STRENGTH 2023-24

EXHIBIT P-3 TRUE COPY OF THE A LIST OF SSLC STUDENTS

EXHIBIT P-4 TRUE COPY OF THE APPEAL MEMORANDUM SUBMITTED BY THE MANAGER BEFORE THE DEPUTY DIRECTOR OF EDUCATION DATED 04.09.2023

EXHIBIT P-5 TRUE COPY OF THE ORDER NO. B4/61529/2023 DATED 07.05.2024 ALONG WITH TYPED COPY

EXHIBIT P-6 TRUE COPY OF THE REVISION PETITION SUBMITTED BYTHE PETITIONERS BEFORE THE 1ST RESPONDENT DATED 07.08.2024

EXHIBIT P-7 TRUE COPY OF THE SAID CIRCULAR NO.

DGE/21163/2023/S3/(B) DATED 04.12.2023 OF THE 2ND RESPONDENT

EXHIBIT P-8 TRUE COPY OF THE CIRCULAR NO.DGE/7208/2024-H2 DATED 30.05.2024

EXHIBIT P-9 TRUE COPY OF THE CIRCULAR NO.

DGE/9439/2024-H2 DATED 10.06.2024

EXHIBIT P-10 TRUE COPY OF THE CIRCULAR NO.

DGE/9439/2024-H2 DATED 20.06.2024

 
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