Disposed

Asla K.a., v. State of Kerala

Kerala HC12 Mar 2024WP(C)/9381/2024

Case brief

AI extract

What is this about?

A teacher challenged her termination from service by way of a writ petition. The court disposed of the petition noting an alternate statutory remedy, directing that if the petitioner avails it within two weeks, it must be decided within three months after hearing all affected parties.

What did the court decide?

Petitioner may avail alternate remedy within two weeks; authority to decide within three months with hearing to affected parties.

Asla K.a., Vs State of Kerala — Service and Employment | Kerala HC (2024)

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WP(C) NO. 9381/2024

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

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TUESDAY, THE 12^TH DAY OF MARCH 2024 / 22ND PHALGUNA, 1945

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WP(C) NO. 9381 OF 2024

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PETITIONER:

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ASLA K.A., AGED 43 YEARS, W/O ABDUL GAFFAR, PATHUKANDATHIL HOUSE, PERUMPADAPPU P.O., MALAPPURAM, PIN – 679580.

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BY ADVS.M/S. S.M.PREM & H.NARAYANAN

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RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695001.

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2 DIRECTOR OF GENERAL EDUCATION, JAGATHY, THYCAUD P.O., THIRUVANANTHAPURAM, PIN – 695014.

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3 DISTRICT EDUCATIONAL OFFICER, TIRUR, NEAR MINI CIVIL STATION, MALAPPURAM, PIN – 676101.

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4 ASSISTANT EDUCATIONAL OFFICER, PONNANI, MALAPPURAM, PIN – 679576.

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5 HEADMASTER, A.M.M. U.P. SCHOOL PERUMPADAPPA, PERUMPADAPPU P.O., MALAPPURAM, PIN – 679580.

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WP(C) NO. 9381/2024

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6 MANAGER, CORPORATE EDUCATIONAL AGENCY, PUTHANPALLI JARAM MADRASSA & HOSPITAL PARIPALANA COMMITTEE, PERUMPADAPPU P.O., MALAPPURAM, PIN – 679580.

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SMT.NISHA BOSE, SR.GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 9381/2024

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MOHAMMED NIAS C. P. , J.

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W. P. (C) No. 9381 of 2024

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Dated this the 12^th day of March, 2024

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J U D G M E N T

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The petitioner challenges Exts.P-3, P-4 & P-7, by which the petitioner was terminated from service. The petitioner has an alternate remedy against the said orders. Without prejudice to the right of the petitioner to avail that, this Writ Petition is disposed of. In case the petitioner prefers the alternate remedy within two weeks from today, the same shall be considered within three months from the date of receipt of the same, in accordance with law and after affording an opportunity of hearing to all the affected parties.

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Sd/-

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MOHAMMED NIAS C. P. , JUDGE

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MMG

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WP(C) NO. 9381/2024

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APPENDIX OF WP(C).NO.9381/2024

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER DATED 12-11-2021 ISSUED BY THE 6TH RESPONDENT - MANAGER APPOINTING THE PETITIONER AS UPST IN A.M.M. U.P. SCHOOL PERUMPADAPPA EXHIBIT P2 TRUE COPY OF ORDER NO.C/22277/2021 DATED 27-03-2022 ISSUED BY THE 4TH RESPONDENT EXHIBIT P3 TRUE COPY OF LETTER DATED 31-03-2022 ISSUED TO THE PETITIONER BY THE HEADMISTRESS-IN-CHARGE OF A.M.M. U.P. SCHOOL PERUMPADAPPA EXHIBIT P4 TRUE COPY OF PROCEEDINGS NO. 73/2022 DATED 30-03-2022 ISSUED BY THE 6TH RESPONDENT - MANAGER TERMINATING THE SERVICE OF THE PETITIONER AS UPST IN A.M.M. U.P. SCHOOL PERUMPADAPPA EXHIBIT P5 TRUE COPY OF THE APPEAL FILED BY THE PETITIONER AGAINST EXHIBIT P2 ORDER OF THE AEO BEFORE THE 3RD RESPONDENT - DEO

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EXHIBIT P6 TRUE COPY OF THE JUDGMENT DATED 19-072022 PASSED IN W.P. (C) NO. 12311 OF 2022

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EXHIBIT P7 TRUE COPY OF ORDER NO. B4/4246/22/K.DIS. DATED 20-09-2022 PASSED BY THE 3RD RESPONDENT REJECTING EXHIBIT P5 APPEAL PREFERRED BY THE PETITIONER

Asla K.a., v. State of Kerala

Case brief

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Asla K.a., v. State of Kerala

Case brief

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