Naseera a v. State of Kerala
Case brief
What is this about?
Petitioner, a part-time Arabic teacher appointed against a full-time vacancy, sought conversion to a full-time post relying on Government orders allowing diversion of Group C subjects. The High Court quashed the rejection order and directed respondents to convert her post and grant consequential benefits.
What did the court decide?
Ext.P5 quashed. Respondents directed to convert petitioner's part-time post to full-time with effect from date of appointment and grant consequential benefits within 3 months.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE SMT. JUSTICE P.V.ASHA
FRIDAY, THE 21ST DAY OF AUGUST 2015/30TH SRAVANA, 1937H
WP(C).No. 15650 of 2013 (E)
PETITIONER(S):
NASEERA A AGED 38 YEARS W/O.LATE MR.ALI AHAMED, ARABIC TEACHER C.H.M.K.S.M.U.P.SCHOOL, NANDANKIZHAYA, KOLLENGODE PALAKKAD-678 506.
BY ADVS.SRI.C.A.MAJEED SRI.K.H.ASIF SMT.RAAGA R.RAMALAKSHMI SRI.P.B.UNNIKRISHNAN NAIR
RESPONDENT(S):
1. STATE OF KERALA REPRESENTED BY PRINCIPAL SECRETARY GENERAL EDUCATION DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM. 695 001.
2. THE DIRECTOR OF PUBLIC INSTRUCTIONS JAGATHI, THIRUVANANTHAPURAM. 695 014.
Issues for consideration
3 issues framed by the court
Whether the petitioner, appointed as a part-time Arabic teacher against a full-time retirement vacancy, is entitled to conversion of her post to full-time based on diversion of Group C subjects.
Whether the Government can refuse conversion due to unavailable periods for diversion.
Whether previous Government Orders regarding diversion of Group C subjects remain valid.
Parties & counsel
- petitioner
Naseera A.
- respondent
State of Kerala
- respondent
Director of Public Instructions Jagathi
- respondent
Joint Director of Public Instructions Jagathi
- respondent
Deputy Director of Education
- respondent
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court