Kerala High Court
Bincy A B vs The State Of Kerala on 24 September, 2024
2024:KER:71146
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
TUESDAY, THE 24TH DAY OF SEPTEMBER 2024 / 2ND ASWINA, 1946
WP(C) NO. 33300 OF 2024
PETITIONER/S:
BINCY A B
AGED 39 YEARS
WIFE OF ABI M. RAJAN, UPPER PRIMARY SCHOOL TEACHER
(UPST), H M T EDUCATIONAL SOCIETY HIGH SCHOOL,
KALAMASSERY, ALUVA- (RESIDING AT MATTAMMAL HOUSE,
THIRUVANKULAM, KANDANAD, ERNAKULAM-682305), PIN -
683503
BY ADV V.A.MUHAMMED
RESPONDENT/S:
1 THE STATE OF KERALA
REPRESENTED BY ITS PRINCIPAL SECRETARY TO
GOVERNMENT, GENERAL EDUCATION DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 THE DIRECTOR OF GENERAL EDUCATION
OFFICE OF THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THIRUVANANTHAPURAM, PIN - 695014
3 THE DISTRICT EDUCATIONAL OFFICER
OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, ALUVA,
ERNAKULAM DISTRICT, PIN - 683101
4 THE MANAGER
H M T EDUCATIONAL SOCIETY HIGH SCHOOL,
KALAMASSERY, ALUVA, ERNAKULAM DISTRICT, PIN -
683503
W.P.C No. 33300 of 2024
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2024:KER:71146
5 THE HEADMASTER
H M T EDUCATIONAL SOCIETY HIGH SCHOOL,
`KALAMASSERY, ALUVA, ERNAKULAM DISTRICT, PIN
- 683503
6 SMT. T. SREEKALA DEVI
UPPER PRIMARY SCHOOL TEACHER (DEPLOYED), H M T
EDUCATIONAL SOCIETY HIGH SCHOOL, KALAMASSERY,
ALUVA, ERNAKULAM DISTRICT, PIN - 683503
7 SMT. D. SANGEETHA
UPPER PRIMARY SCHOOL TEACHER (DEPLOYED), H M T
EDUCATIONAL SOCIETY HIGH SCHOOL, KALAMASSERY,
ALUVA, ERNAKULAM DISTRICT, PIN - 683503
OTHER PRESENT:
ADV VENUGOPAL V -GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 24.09.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.C No. 33300 of 2024
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2024:KER:71146
JUDGMENT
The petitioner is presently working as UPST in the school
managed by the 4th respondent. The grievance of the petitioner
is that, in the staff fixation order issued for the year 2024-25, in
respect of the 4th respondent, there was reduction of post of
UPSTs and the petitioner is facing retrenchment. The case of
the petitioner is that, the 6th and 7th respondents are protected
Teachers deployed to the 4th respondent's school and according
to the petitioner, the petitioner should have been retained, and
the protected Teachers should have been deployed. In such
circumstances, highlighting the said contention, the petitioner
submitted Ext.P5 before the 2nd respondent which is now
pending consideration. The limited prayer sought by the
petitioner is to direct the 2nd respondent to take a decision on
Ext.P5 within a time frame.
After hearing the learned counsel for the petitioner and the
learned Government Pleader, I am inclined to dispose of this
writ petition. Accordingly, it is ordered that the 2nd respondent
2024:KER:71146
shall take up Ext.P5 and appropriate orders thereon shall be
passed in accordance with law, after hearing the petitioner, the
respondents 4 to 7 and other affected parties, if any. The
orders in this regard shall be passed within a period of two
months from the date of receipt of a copy of this judgment. Till
such a decision is taken, the petitioner shall be permitted to
continue in the 4th respondent school. While considering the
claim of the petitioner, Ext.P4 Government order shall also be
taken into account.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
rpk
2024:KER:71146
APPENDIX OF WP(C) 33300/2024
PETITIONER EXHIBITS
Exhibit P-1 TRUE COPY OF THE ORDER NO. HMT/68/2018
DATED 30.06.2018 OF THE MANAGER
Exhibit P-2 TRUE COPY OF THE ORDER NO.
B3/17410/2019 DATED 29.09.2020 OF THE
3RD RESPONDENT
Exhibit P-3 TRUE COPY OF THE STAFF FIXATION ORDER
FOR THE YEAR 2024-2025 VIDE NO. D.DIS.
B3/747743/2024 DATED 12.09.2024 OF THE
3RD RESPONDENT
Exhibit P-4 TRUE COPY OF THE G.O. (RT.) NO.
3501/2023/GEDN DATED 15.6.2023
Exhibit P-5 TRUE COPY OF THE REVISION PETITION
SUBMITTED BEFORE THE 2ND RESPONDENT
DATED 13.09.2024
Exhibit P-6 TRUE COPY OF THE DECISION REPORTED IN
2002 KHC 386=2002 (2) KLT 73 (P.V R.
KUTTY MENON V. STATE OF KERALA (DECIDED
ON 01-11-2001)
Exhibit P-7 TRUE COPY OF THE DECISION REPORTED IN
2011 (4) KHC 179=2011 (4) KLT 365
(MANAGER, P.K. HIGH SCHOOL AND OTHERS
V. STATE OF KERALA AND OTHERS DECIDED
ON 29.09.2011
Exhibit P-8 TRUE COPY OF THE DECISION REPORTED IN
2012 KHC 181=2012 (1) KLT 867 (CIJI P.
JOSE V. STATE OF KERALA AND OTHERS
DECIDED ON 18.10.2011)
