Citation : 2024 Latest Caselaw 27791 Ker
Judgement Date : 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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