Petitioner challenged reversion and promotion orders due to alleged lack of qualification for Headmistress. Court allowed continuation as Teacher-in-charge and remanded issue to AEO for adjudication after opportunity of hearing.
Petitioner allowed to continue as Teacher-in-charge; AEO directed to consider challenge after hearing parties.
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
MONDAY, THE 03RD DAY OF JUNE 2019 / 13TH JYAISHTA, 1941
WP(C).No. 15214 of 2019
PETITIONER:
K.P.FATHIMATH SUHARA, AGED 50 YEARS WIFE OF O.NASAR, TEACHER-IN-CHARGE, MOLOOR SOUTH A.M.L.P. SCHOOL, NELLAYA, SHORNUR-679335.
BY ADVS. SRI.V.A.MUHAMMED SRI.M.SAJJAD
RESPONDENTS:
1 THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.
3 THE ASSISTANT EDUCATIONAL OFFICER, SHORNUR, PALAKKAD DISTRICT-679121.
5 SMT. M.SAFIYA MUHSIN, LOWER PRIMARY SCHOOL TEACHER, MOLOOR SOUTH A.M.L.P.SCHOOL, NELLAYA, SHORNUR-679335.
BY SMT.NISHA BOSE, SENIOR GOVT. PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.06.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 15214 of 2019
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JUDGMENT
Petitioner claims that she has been working as Teacher-incharge from 4.6.2017 and the 4th respondent has reverted her as LPSA and promoted the 5th respondent as Headmistress as per Ext.P3 order. The petitioner points out that she is yet to handover charge on the basis of Ext.P3 order. It is also pointed out that the 5th respondent does not have 12 years' service to be promoted as Headmistress.
In view of the circumstances pointed out by the petitioner, the petitioner would be free to approach the 3rd respondent challenging Ext.P3 proceedings of the Manager. The AEO shall consider the same and pass orders after affording an opportunity of hearing to the petitioner as well respondents 4 and 5. In the meanwhile, the petitioner shall be allowed to continue as Teacherin-charge.
Sd/-
P.V. ASHA, JUDGE
jv
WP(C).No. 15214 of 2019
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE SENIORITY LIST OF THE SCHOOL APPROVED ON 31.07.2017. EXHIBIT P2 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER AS TEACHER IN CHARGE ON 04.06.2017. EXHIBIT P3 TRUE COPY OF THE PROCEEDINGS OF THE MANAGER DATED 28.05.2017. EXHIBIT P4 TRUE COPY OF THE G.O.(P) NO.16/2018/GEDN DATED 09.07.2018 OF THE GOVERNMENT.
2 issues framed by the court
Whether the petitioner can continue as Teacher-in-charge while challenging the promotion proceedings of the 4th and 5th respondents.
Whether the Assistant Educational Officer should consider the challenge to the Manager's proceedings after affording an opportunity of hearing.
K.P.FATHIMATH SUHARA
THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT
THE DISTRICT EDUCATIONAL OFFICER OTTAPPALAM
THE ASSISTANT EDUCATIONAL OFFICER SHORNUR
THE MANAGER MOLOOR SOUTH A.M.L.P.SCHOOL NELLAYA
SMT. M.SAFIYA MUHSIN
P.V. ASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
