Kerala High Court
Shojna P vs The State Of Kerala on 7 January, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:572
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 7TH DAY OF JANUARY 2025 / 17TH POUSHA, 1946
WP(C) NO. 407 OF 2025
PETITIONER:
SHOJNA P
AGED 43 YEARS, W/O SADANANDAN C
UPST, MUZHAPPILANGAD SOUTH UP SCHOOL,
MUZHAPPILANGAD, KANNUR DISTRICT
(NOW WORKING UNDER DEPLOYMENT AT
KUNNIRIKKA UP SCHOOL, KUNNIRIKKA,
KANNUR DISTRICT (RESIDING AT SOURABHAM VILLA
NO. E5 KEEZHUNNA P O THOTTADA, KANNUR ),
PIN - 670662.
BY ADVS.
V.A.MUHAMMED
P.A.JENZIA
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY ITS PRINCIPAL SECRETARY TO
GOVERNMENT, GENERAL EDUCATION DEPARTMENT,
SECRETARIAT ANNEXE II,
THIRUVANANTHAPURAM, PIN - 695001.
2 THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY,THIRUVANANTHAPURAM, PIN - 695014.
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3 THE DEPUTY DIRECTOR OF EDUCATION,
OFFICE OF THE DEPUTY DIRECTOR OF
EDUCATION KANNUR, PIN - 670002.
4 THE ASSISTANT EDUCATIONAL OFFICER
KANNUR SOUTH, KANNUR PIN - 670613.
5 THE MANAGER
MUZHAPPILANGAD SOUTH UP SCHOOL,
MUZHAPPILANGAD, KANNUR PIN - 670662.
6 THE MANAGER
KUNNIRIKKA UP SCHOOL, KUNNIRIKKA,
KANNUR, PIN - 670612.
7 THE HEADMASTER,
MUZHAPPILANGAD SOUTH UP SCHOOL,
MUZHAPPILANGAD, KANNUR, PIN - 670662.
8 THE HEADMASTER,
KUNNIRIKKA UP SCHOOL, KUNNIRIKKA,
KANNUR, PIN - 670612.
SRI.SUNIL V.K. - SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 07.01.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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JUDGMENT
Dated this the 7th day of January, 2025
The petitioner was appointed as UPSA in the School
against retirement vacancy. The appointment was approved
with effect from 01.06.2011. In the academic year 2017-2018,
two posts of UPSA were reduced and the petitioner was
deployed to another School. It was challenged by the
petitioner before the 2nd respondent on the ground that when
LPSA was promoted as Headmaster one post should be
reduced in LPSA and not in UPSA.
2. The petitioner filed W.P.(C) No.37713 of 2017.
Purported to be in compliance with the judgment therein, the
2nd respondent issued an order directing to recall the
petitioner to parent School by sanctioning the post of UPSA
and reducing one post of LPSA.
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3. There is absolutely no justification in reducing one
post of UPSA in the Staff Fixation Order for the year 2023-
2024 and 2024-2025 as three Divisions were sanctioned in
the UP Section. Staff Fixation Order for the year 2023-2024
and 2024-2025 were issued with three Divisions of UP and
four Divisions of LP. But only two posts of UPSA, four posts of
LPST and one post of Headmaster, were sanctioned. As the
Headmaster was promoted from Junior Language Teacher
(Arabic), the reduction of post should be in Junior Language
Teacher Arabic. Hence, three posts of UPSA, three posts of
LPSA, and one post of Headmaster should be sanctioned.
However, in Exts.P3 and P4 Staff Fixation Orders, only two
posts of UPSA were sanctioned. Hence, Exts.P3 and P4 are
liable to be set aside.
4. The reduction of post from the category of
Assistant Teacher in terms of Rule 5 of Chapter XXIII of KER
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should be from the category of LPSA in the instant case. In
short, there should be as many as UPSA posts as the number
of class Divisions from 01.04.2019 onwards. Resultantly, an
open vacancy of UPSA is available to accommodate the
petitioner in her parent School. Exts.P3, P4, P6 and P7 are
highly arbitrary and grossly unjust in view of Exts.P8 to P14,
contends the petitioner.
5. I have heard the learned counsel for the petitioner
and the learned Senior Government Pleader representing
respondents 1 to 4.
6. Against the Staff Fixation Order, the petitioner has
preferred Ext.P8 Revision Petition before the 2 nd respondent.
In the facts of the case, it would be only appropriate that the
revisional authority considers Ext.P8 and pass appropriate
orders thereon expeditiously.
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The writ petition is accordingly disposed of directing the
2nd respondent-Director of General Education to consider
Ext.P8 Revision Petition within a period of two months.
Sd/-
N.NAGARESH
JUDGE
ams
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APPENDIX OF WP(C) 407/2025
PETITIONER EXHIBITS
EXHIBIT P-1 TRUE COPY OF APPOINTMENT ORDER OF THE
PETITIONER DATED 01.06.2011 (ALONG WITH
TYPED COPY)
EXHIBIT P-2 TRUE COPY OF THE G.O(RT) NO.
3343/2018/G.EDN DATED 04.09.2018
EXHIBIT P-3 TRUE COPY OF THE STAFF FIXATION ORDER FOR
THE YEAR 2023-2024 VIDE ORDER NO. D.DIS
D/60137/2023 DATED 19.08.2023
EXHIBIT P-4 TRUE COPY OF THE STAFF FIXATION ORDER FOR
THE ACADEMIC YEAR 2024-25 VIDE ORDER NO.
D.DIS D/745533/2024 DATED 14.07.2024
EXHIBIT P-5 TRUE COPY OF THE DETAILS OF STAFF STRENGTH
AS ON 03.06.2024
EXHIBIT P-6 TRUE COPY OF THE ORDER NO. B4/3537/2023
DATED 21.08.2023
EXHIBIT P-7 TRUE COPY OF THE ORDER NO. B4/3362/2024(1)
DATED 18.06.2024
EXHIBIT P-8 TRUE COPY OF THE REVISION PETITION
SUBMITTED BY THE PETITIONER BEFORE THE
DIRECTOR DATED 23.12.2024
EXHIBIT P-9 TRUE COPY OF THE DECISION REPORTED IN 2014
(4) KHC 822 (THRESIA M. L. V. PREETHY M.
P. AND OTHERS) DATED 13.11.2014
EXHIBIT P-10 TRUE COPY OF THE JUDGMENT IN O. P.
NO.8827/2001 DATED 12.06.2009
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EXHIBIT P-11 TRUE OF THE JUDGMENT IN W.A. NO. 1783/2009
DATED 30.08.2016
EXHIBIT P-12 TRUE COPY OF THE G.O.(RT)
NO.518/2020/G.EDN. DATED 28.01.2020
EXHIBIT P-13 TRUE COPY OF THE G.O.(RT)
NO.4779/2017/G.EDN. DATED 13.12.2017
EXHIBIT P-14 TRUE COPY OF THE G.O.(RT)
NO.205/2019/G.EDN DATED 18.01.2019
