Kerala High Court
V.A.Ameera vs The State Of Kerala on 28 May, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
TUESDAY, THE 28TH DAY OF MAY 2024 / 7TH JYAISHTA, 1946
WP(C) NO. 19116 OF 2024
PETITIONER/S:
V.A.AMEERA,AGED 40 YEARS
W/O ABDHULLAAA FORMER LPST, DARUSSALAM L P SCHOOL,
THRIKKAKARA, ERNAKULAM - 682021 (RESIDING AT
AMBATTU (H), MERPRATHUPADY, VENGOLA P.O,
PERUMBAVOOR, ERNKNAKULAM) NOW ON DEPLOYMENT AT ST.
GEORGE LP SCHOOL, KOODALAPPADAM), PIN - 683556
BY ADVS.
V.A.MUHAMMED
M.SAJJAD
RESPONDENT/S:
1 THE STATE OF KERALA ,REPRESENTED BY ITS PRINCIPAL
SECRETARY TO GOVERNMENT, GENERAL EDUCATION
DEPARTMENT, SECRETARIAT ANNEX II,
THIRUVANANTHAPURAM, PIN - 695001
2 THE DIRECTOR OF GENERAL EDUCATION
JAGATHY,THIRUVANANTHAPURAM, PIN - 695014
3 THE DEPUTY DIRECTOR OF EDUCATION
CIVIL STATION @ KAKKANAD, ERNAKULAM, PIN - 682030
4 THE ASSISTANT EDUCATIONAL OFFICER,MINICIVIL
STATION, PERIYAR NAGAR, ALUVA, ERNAKULAM, PIN -
683101
5 THE HEADMASTER,DARUSSALAM L P SCHOOL, THRIKKAKARA,
ERNAKULAM, PIN - 682021
ADV NISHA BOSE-GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 28.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.C No. 19116 of 2024
2
JUDGMENT
The petitioner while working as LPSA from 05.06.2006 onwards in the Darussalam L.P School, Thrikkakara has approached this Court seeking the following reliefs:
"(i) declare that the Petitioner is entitled to get the benefit of 1:40 PTR for 2008-09 and 2009-10.
(ii) issue a writ of mandamus or other appropriate writ, order or direction commanding the Respondents to extend the benefits of 1:40 PTR to the Petitioner for the years 2008- 09 and 2009-10.
(iii) issue a writ of mandamus or other appropriate writ, order or direction commanding the Respondents to disburse the service and monetory benefits available to the petitioner under 1:40 PTR for the years 2008-09 and 2009-10.
(iv) issue a writ of mandamus or other appropriate writ, order or direction commanding the 1st Respondent to take a decision on Exhibit P-10, with notice to the Petitioner in a time bound manner.
(v) to dispense with filing of English translation of vernacular documents produced in the Writ Petition.
(vi) pass such other order or direction which this Hon'ble Court may deem fit and proper to grant in the circumstances of the case."
2. The grievance of the petitioner is that, consequent to the staff fixation orders, the petitioner was included in the W.P.C No. 19116 of 2024 3 "teacher bank" and was deployed. The case of the petitioner is that, the petitioner is eligible to be accommodated, by applying the Pupil- Teacher ratio (PTR) of 1:40 for 2008-2009 and 2009- 2010. Highlighting the said aspect, the petitioner submitted Ext.P10 which is now pending before the 1st respondent. The limited prayer sought by the petitioner is for a direction to the 1 st respondent to consider and pass appropriate orders thereon within a time frame.
After hearing the learned counsel for the petitioner and the learned Government Pleader, this Writ Petition is disposed of directing the 1st respondent to take up Ext.P10 and to pass appropriate orders thereon, in accordance with law, after hearing the petitioner and the Manager of the school. The orders in this regard shall be passed within a period of four months from the date of receipt of a copy of this judgment.
Sd/-
ZIYAD RAHMAN A.A. JUDGE rpk W.P.C No. 19116 of 2024 4 APPENDIX OF WP(C) 19116/2024 PETITIONER EXHIBITS Exhibit P-1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 05.06.2006 Exhibit P-2 TRUE COPY OF THE G.O. (RT).NO.588/2020/G.EDN DATED 01.02.2020 Exhibit P-3 TRUE COPY OF THE ORDER OF THE ASSISTANT EDUCATIONAL OFFICER, ALUVA VIDE NO.D/3308/2020 DATED 12/10/2020 Exhibit P-4 TRUE COPY OF THE G.O. (RT).NO.422/2022/GEDN DATED 20.01.2022 Exhibit P-5 TRUE COPY OF THE G.O. (RT).NO.1115/2024/G.EDN DATED 09.02.2024 Exhibit P-6 TRUE COPY OF THE ORDER OF THE DDE VIDE NO.DDEEKM/8752/23-B5 DATED 11.03.2024 Exhibit P-7 TRUE COPY OF THE PROCEEDINGS OF THE AEO, ALUVA VIDE ORDER NO.C/2812/08/ DATED 26.11.2009 Exhibit P-8 TRUE COPY OF THE STAFF FIXATION ORDER FOR THE ACADEMIC YEAR 2009-2010 VIDE NO.D.DIS 2338/09 DATED 31.08.2009 OF THE AEO, ALUVA Exhibit P-9 TRUE COPY OF THE LETTER OF THE AEO, ALUVA ADDRESSING THE SECRETARY VIDE NO.AEOALV/755/2023-D DATED 29.12.2023 Exhibit P-10 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT DATED 08.03.2024