Kerala High Court
Prajna R vs State Of Kerala on 13 May, 2025
Author: N. Nagaresh
Bench: N.Nagaresh
2025:KER:33526
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 13TH DAY OF MAY 2025 / 23RD VAISAKHA, 1947
WP(C) NO. 29514 OF 2024
PETITIONER:
PRAJNA R
AGED 42 YEARS, W/O. SANTHOSHAN P
UPST, POYILKAVU UP SCHOOL POST EDAKULAM,
KOYILANDY, KOZHIKODE DISTRICT, PIN - 673306.
BY ADVS.
R.K.MURALEEDHARAN
ATHIRA A.MENON
HARISANKAR.K.V.
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY TO GENERAL
EDUCATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001.
2 THE DEPUTY DIRECTOR OF EDUCATION
OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION
KOZHIKODE, KOZHIKODE DISTRICT, PIN - 673004.
3 THE ASSISTANT EDUCATIONAL OFFICER
OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER
KOYILANDI, KOZHIKODE DISTRICT, PIN - 673305.
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W.P.(C) No.29514/2024
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4 THE MANAGER
POYILKAVU UP SCHOOL, POST EDAKULAM,
KOYILANDY, KOZHIKODE DISTRICT,
PIN - 673306.
5 JITHIN
HST(ENGLISH), THIRUVANGOOR HIGHER SECONDARY
SCHOOL THIRUVANGOOR, KOZHIKODE DISTRICT,
PIN - 678304.
ADDL.R6 THE HEADMISTRESS,
POYILKAVU UP SCHOOL, POYILKAVU, EDAKULAM P O,
KOZHIKODE DISTRICT - 673306
[ADDITIONAL 6TH RESPONDENT IS IMPLEADED AS PER
ORDER DATED 21.02.2025 IN IA 1/2025]
BY ADV.SRI.V.VENUGOPAL, SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 14.03.2025, THE COURT ON 13.05.2025
DELIVERED THE FOLLOWING:
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W.P.(C) No.29514/2024
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N. NAGARESH, J.
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W.P.(C) No.29514 of 2024
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Dated this the 13th day of May, 2025
JUDGMENT
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The petitioner seeks to quash Ext.P4 Staff Fixation
Order to the extent it retrenches the petitioner. The petitioner
also seeks to direct respondents 2 and 3 to accommodate
the petitioner in the HTV Vacancy from 15.07.2024 onwards
after recalling the 5th respondent.
2. The petitioner was appointed as UPST in
the 4th respondent's School with effect from 15.07.2021,
against a retirement vacancy. Her appointment was
provisionally approved as per Ext.P2 order, subject to the
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claims of PwD candidates. In the year 2023-2024, due to
want of building accommodation, one post of UPST was
reduced. However, the petitioner continued in the School,
drawing salary.
3. In the year 2024-2025, the petitioner was
ordered to be retrenched. The 4th respondent-Manager was
required to appoint a protected Teacher in the HTV vacancy.
The Manager informed the 3rd respondent-AEO that the
petitioner is a Rule 51A claimant and therefore entitled to
protection in the HTV vacancy. The Manager requested the
2nd respondent-DDE to set right the illegality in retrenching
the petitioner. The 2nd respondent, however, issued order
deploying the 5th respondent to the HTV vacancy.
4. The petitioner states that she is a protected
Teacher under the same educational agency, whereas the 5 th
respondent is an approved HST from another educational
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agency. The 5th respondent could not have been deployed in
preference to the superior claim of the petitioner. Rule 7
Chapter XXI KER also protects the right of a Rule 51A
claimant. Therefore, Ext.P4 is liable to be set aside to the
extent of retrenching the petitioner.
5. The 3rd respondent opposed the writ
petition. The 3rd respondent stated that Ext.P2 approval
given to the initial appointment of the petitioner was
provisional and conditional. Therefore, when there occurred
a reduction of post of UPST in the year 2024-2025, the
petitioner could not have been taken as a Rule 51A claimant.
HTV vacancy can be filled up only in accordance with Rule 7
Chapter XXI KER from among the list of protected Teachers
maintained by the Department.
6. The Manager has not provided reservation
to the Physically disabled Persons as required under
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Government Orders. The Manager has not submitted the
roster nor the requisitions seeking the list of persons with
disabilities from the Special Employment Exchange.
Therefore, the petitioner cannot be deployed to the HTV
vacancy which should be filled up by a protected hand. The
deployment of the 5th respondent is therefore justified.
7. I have heard the learned counsel for the
petitioner and the learned Senior Government Pleader
representing the respondents.
8. The petitioner challenges Ext.P4 Staff
Fixation Order to the extent of retrenching the petitioner. The
petitioner states that she is a Rule 51A claimant and has a
superior right over protected Teachers. The petitioner was, in
fact, appointed as UPST with effect from 15.07.2021 and
continued till 15.07.2024. The appointment of the petitioner
was approved as per Ext.P2 order dated 27.11.2023. Ext.P2
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approval order provided that the approval is provisional and
the probation of the petitioner shall not be declared nor the
annual increments granted. The approval is limited to the
date on which PwD candidates join service.
9. As the approval of the petitioner's
appointment is stated to be temporary in Ext.P2 and as it is
with a specific direction not to declare probation and not to
grant increments, the approval cannot be treated as one
subsequently giving rise to a Rule 51A claim. The Manager
has not provided roster for appointment of PwD candidates.
The Manager has not produced requisition seeking
nomination of PwD candidates from the Special Employment
Exchange.
10. In the afore facts of the case, I am not
inclined to hold that the approval granted to the initial
appointment given to the petitioner is absolute. Such a
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provisional appointment cannot give rise to a Rule 51A claim
subsequently, unless the appointment is regularised. There
is no illegality in deploying a protected Teacher to the School.
The writ petition is therefore without any
merit and it is dismissed.
Sd/-
N. NAGARESH, JUDGE
aks/24.04.2025
2025:KER:33526
APPENDIX OF WP(C) 29514/2024
PETITIONER'S EXHIBITS
Exhibit-P1 TRUE COPY OF THE APPOINTMENT ORDER OF
THE PETITIONER AS UPST DATED
15.07.2021
Exhibit-P2 TRUE COPY OF THE ORDER NO. C-
120709/2021 DATED 27.11.2023 ISSUED BY
THE 3RD RESPONDENT
Exhibit-P3 TRUE COPY OF THE RELEVANT PAGES STAFF
FIXATION ORDER NO. D.DIS C/62143/2023
OF THE SCHOOL FOR THE YEAR 2023-24
ISSUED BY THE 3RD RESPONDENT DATED
23.08.2023
Exhibit-P4 TRUE COPY OF THE STAFF FIXATION ORDER
NO. D.DIS C/742699/2024 OF THE SCHOOL
FOR THE YEAR 2024-25 ISSUED BY THE 3RD
RESPONDENT DATED 15.07.2024
Exhibit-P5 TRUE COPY OF THE REQUEST SUBMITTED BY
THE 4TH RESPONDENT TO THE 3RD
RESPONDENT DATED 15.07.2024
Exhibit-P6 TRUE COPY OF THE ORDER NO. 16/2024
DATED 15.07.2024 ISSUED BY THE 4TH
RESPONDENT
Exhibit-P7 TRUE COPY OF THE REQUEST SUBMITTED BY
THE 4TH RESPONDENT TO THE 2ND
RESPONDENT DATED 15.07.2024
Exhibit-P8 TRUE COPY OF THE REQUEST SUBMITTED BY
THE 4TH RESPONDENT DATED 19.07.2024
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Exhibit-P9 TRUE COPY OF THE GO(P) NO.
2/2023/G.EDN ISSUED BY THE GOVERNMENT
DATED 23.01.2023
Exhibit P10 TRUE COPY OF THE REQUEST SUBMITTED
BEFORE THE 3RD RESPONDENT DATED
17.02.2025
