Kerala High Court
Reshna M.K vs The State Of Kerala on 25 March, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:25256
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 25TH DAY OF MARCH 2025 / 4TH CHAITHRA, 1947
WP(C) NO. 11883 OF 2025
PETITIONER:
RESHNA M.K.
AGED 34 YEARS
W/O SABIN,UPST, MENAPROM EAST UP SCHOOL,
KOLAYI-MEKKUNNU, CHOKLI, KANNUR DISTRICT-
(RESIDING AT MADATHUMKANDI, THAZHEKUNIYIL,
PANOOR P.O., KANNUR DISTRICT), PIN - 670675
BY ADVS.
V.A.MUHAMMED
M.SAJJAD
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 DISTRICT EDUCATIONAL OFFICER,
THALASSERY, KANNUR DISTRICT, PIN - 670101
3 THE ASSISTANT EDUCATIONAL OFFICER,
OFFICE OF THE ASSISTANT EDUCATIONAL
OFFICERCHOKLI, KANNUR DISTRICT,
PIN - 670672
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WP(C) No.11883 of 2025
2
4 THE MANAGER,
MENAPROM EAST UP SCHOOL, KOLAYI-MEKKUNNU,
CHOKLI, KANNUR DISTRICT, PIN - 670675
5 THE HEADMASTER,
MENAPROM EAST UP SCHOOL, KOLAYI-MEKKUNNU,
CHOKLI, KANNUR DISTRICT, PIN - 670675
BY ADV.
SMT. ANIMA M., GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 25.03.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WP(C) No.11883 of 2025
3
JUDGMENT
Dated this the 25th day of March, 2025
Petitioner was appointed in the School as UPST from
06.10.2022. Approval to Ext.P1 was declined by the Assistant
Educational Officer and Distinct Educational Officer as per
Exts.P2 and P3. It has not been taken up in Revision Appeal
before the Director by the Manager. Seeking approval to
Ext.P1, the petitioner moved Revision Petition.
2. The petitioner submits that the post in which
the petitioner was appointed is duly sanctioned. Admissibility
of the said post is mentioned in the Staff fixation Order for the
year 2022-2023. Ext.P5 indicates two additional posts of
UPST in the year 2022-2023. Therefore, it cannot be
contended that there had been no sanctioned post of UPST to
accommodate the petitioner. The petitioner was appointed
against an additional post initially. Going by Rule 7(2) Chapter
XXI of the KER, one among the two additional posts could be
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filled up by the Manager. The said aspect of the matter was
not gone into either by the AEO or the DEO.
3. Besides, while the petitioner has been
continuing in service, there arose a retirement vacancy of
UPST on 01.06.2023. To the said vacancy, the petitioner
could have been transposed. The Government has been
consistently taking the stand that the earlier appointee shall
be accommodated against the next arising regular vacancy. In
view of Exts.P8 to P11, the petitioner may be appointed
against the vacancy of UPST arose on 01.06.2023 in any
event, contends the petitioner.
4. I have heard the learned counsel for the
petitioner and the learned Government Pleader representing
respondents 1 to 3.
5. The petitioner would urge that she was
appointed in the School as UPST from 06.10.2022. Approval
to Ext.P1 was declined by the Assistant Educational Officer
and the Distinct Educational Officer as per Exts.P2 and P3.
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The petitioner moved the Government filing Ext.P4 Revision
Petition, which is pending.
6. Going through the pleadings, I find that the
petitioner has preferred Ext.P4 Revision Petition. As Ext.P4 is
a statutory Revision Petition, it would be only just and proper
that the revisional authority considers the same and passes
appropriate orders in accordance with law.
The writ petition is therefore disposed of directing the
1st respondent to consider Ext.P4 Revision Petition and take
appropriate decision thereon within a period of four months
after giving an opportunity of hearing to the petitioner,
adverting to Exts.P8 to P11 also.
Sd/-
N.NAGARESH
JUDGE
spk
2025:KER:25256
APPENDIX OF WP(C) 11883/2025
PETITIONER EXHIBITS
Exhibit P-1 TRUE COPY OF THE APPOINTMENT ORDER OF
THE PETITIONER DATED 06.10.2022
Exhibit P-2 TRUE COPY OF THE ORDER NO.
B/37222/2022 DATED 02.06.2023 OF THE
AEO, CHOKLI
Exhibit P-3 TRUE COPY OF THE ORDER NO.
B5/200459/2023 DATED 06.03.2024 OF THE
DEO, THALASSERY
Exhibit P-4 TRUE COPY OF THE REVISION PETITION
SUBMITTED BY THE PETITIONER BEFORE THE
GOVERNMENT DATED 12.02.2025 (WITHOUT
EXHIBITS)
Exhibit P-5 TRUE COPY OF THE STAFF FIXATION ORDER
FOR THE YEAR 2022-23 VIDE NO.
B/45506/2022 DATED 20.08.2022 ISSUED
BY THE AEO, CHOKLI
Exhibit P-6 TRUE COPY OF THE STAFF FIXATION ORDER
FOR THE YEAR 2023-24 VIDE NOD.DIS
B/59247/2023 DATED 20.08.2023 ISSUED
BY THE AEO, CHOKLI
Exhibit P-7 TRUE COPY OF THE STAFF FIXATION ORDER
FOR THE YEAR 2024-25 VIDE NOD.DIS.
B/745373/2024 DATED 11.07.2024 ISSUED
BY THE AEO, CHOKLI
Exhibit P-8 TRUE COPY OF THE G.O(MS) NO.
275/1999/G.EDM. DATED 09.11.1999
Exhibit P-9 TRUE COPY OF THE G.O(RT)
NO.5533/2019/G.EDN. DATED 18.12.2019
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Exhibit P-10 TRUE COPY OF THE G.O(RT) NO.
4981/2023/G.EDN. DATED 07.09.2023
Exhibit P-11 TRUE COPY OF THE G.O(RT) NO.
3919/2019/G.EDN. DATED 30.09.2019
