Writ petition disposed of directing the Government to consider a pending revision petition regarding the petitioner's retrenchment and deployment under the teachers package within three months, after affording a hearing.
Direction issued to the Government to decide the pending revision petition within three months after hearing the petitioner.
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 MR. JUSTICE P.M.MANOJ
WEDNESDAY, THE 17TH DAY OF JULY 2024 / 26TH ASHADHA, 1946
WP(C) NO. 38445 OF 2015
PETITIONER:
K.I.ASHIRA AGED 33 YEARS WIFE OF MOHAMMED SHAMEEM, LOWER PRIMARY SCHOOL TEACHER (RETRENCHED) AMLP SCHOOL, VEMBALLOOR, KODUNGALLOOR, (RESIDING AT KALAPARAMBATH HOUSE, P.O.KOOLIMUTTOM, THATTUNGAL, KODUNGALLUR, THRISSUR 680691)
BY ADVS. SRI.V.A.MUHAMMED SRI.M.SAJJAD
RESPONDENTS:
2 THE DIRECTOR OF PUBLIC INSTUCTIONS JAGATHY, THIRUVANANTHAPURAM 695014
BY ADVS.SRI.K.H.ASIF SRI.C.A.MAJEED SMT.MOLTY MAJEED SRI.K.J.SHARATH KUMAR SRI.P.B.UNNIKRISHNAN NAIR
W.P(C) No.38445 OF 2015
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OTHER PRESENT:
R1 to R4 – SRI..E.G.GORDEN,SENIOR GOVT.PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(C) No.38445 OF 2015
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P.M.MANOJ, J.
W.P.(C).No.38445 of 2015
Dated this the 17th day of July 2024
JUDGMENT
The petitioner is working as LPSA in AMLP School, Vemballoor. She was appointed in the school from 7/7/2003 to 12/11/2003 against a maternity leave vacancy. The said period of appointment was approved by the 4th respondent -Assistant Educational Officer. Thereafter, the petitioner was granted with regular appointment from 2/8/2004 and that appointment was also approved. However, on the basis of staff fixation order, on 15/7/2008, due to depletion in students' strength, the post in which the petitioner was appointed was abolished.
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and posts, were included in the “teachers' package” and they were granted deployment elsewhere.
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pending before the Government. The petitioner's prayer is limited only to the extent of disposal of Ext.P11 revision petition by the Government.
The writ petition is disposed of accordingly.
Sd/-
P.M.MANOJ
dpk
Judge
W.P(C) No.38445 OF 2015
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APPENDIX OF WP(C) 38445/2015
PETITIONER EXHIBITS
P1:TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 07.07.2003 AND APPROVAL THEREOF
P2:TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 02.08.2004 APPROVAL THEREOF
P3:TRUE COPY OF THE SERVICE CERTIFICATE OF THE PETITIONER DATED 04.03.2011
P4:TRUE COPY OF THE CERTIFICATRE ISSUED BY THE HEADMISTRESS OF THE SCHOOL DATED 01.12.2015
P5:TRUE COPY OF THE RELEVANT PAGE OF THE SERVICE BOOK OF THE PETITIONER
P6:TRUE COPY OF THE CIRCULAR OF THE GOVERNMENT 2ND RESPONDENT DATED 12.10.2011
P7:TRUE COPY OF THE GO(MS) NO.102/2012/G.EDN DATED 29.03.2012 OF THE GOVERNMENT
P8:TRUE COPY OF THE GO(RT) NO.4537/2013/G.EDN DATED 28.10.2013 OF THE GOVERNMENT
P9:TRUE COPY OF THE JUDGMNET IN WPC.NO.29244/2013 E DATED 27.02.2015
P10:TRUE COPY OF THE JUDGMENT IN WA.NO.1379/2015 DATED 01.07.2015 OF THSI HON'BLE COURT
P11:TRUE COPY OF THE REVISION PETITION FILED BEFORE THE GOVERNMENT DATED 07.08.2015 WITHOUT EXHIBITS
2 issues framed by the court
Should the Government consider the petitioner's pending revision petition regarding her retrenchment period and deployment under the teachers package?
Is the petitioner entitled to have her service period as a retrenched teacher recognized and her case decided within a reasonable time?
K.I. Ashira
The State of Kerala
The Director of Public Instructions
The Deputy Director of Education Thrissur
The Assistant Education Officer Kodungallur
The Manager AMLP School
P.M. Manoj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
