Kerala High Court
Unknown vs By Adv.Sri.Paulson Thomas on 1 October, 2012
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE SMT. JUSTICE P.V.ASHA
WEDNESDAY, THE 25TH DAY OF JULY 2018 / 3RD SRAVANA, 1940
WP(C).No. 3583 of 2013
PETITIONER
BINDU K.S.,
W/O.RAJEEV,AGED 39, RADHAKRISHNA NILAYAM PULLIKANAKKU P.O
KAYAMKULAM LOWER PRIMARY SCHOOL ASSISTANT S.K.V LOWER
PRIMARY SCHOOL PANAKKAL PERUMPALLY VALIYAZHEEKKAL P.O
ARATTUPUZHA
BY ADV.SRI.PAULSON THOMAS
RESPONDENTS:
1. STATE OF KERALA
REPRESENTED BY THE SECRETARY, GENERAL EDUCATION
DEPARTMENT, THIRUVANANTHAPURAM 695 001.
2. THE DIRECTOR OF PUBLIC INSTRUCTIONS,
THIRUVANANTHAPURAM 695 001
3. THE DEPUTY DIRECTOR OF EDUCATION,
ALAPPUZHA 688 001
4. THE ASSISTANT EDUCATIONAL OFFICER,
AMBALAPPUZHA 688 051
5. THE MANAGER
S.K.V. LPS PANAKKAL, AMBALAPPUZHA,
ALAPPUZHA DISTRICT 688 051
R1 TO R4 BY SR GOVERNMENT PLEADER SMT. MARY BEENA JOSEPH
R5 BY ADV. SRI.V.A.SHAJI, SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 25-07-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 3583 of 2013
APPENDIX
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PETITIONERS EXHIBITS
EXT.P1 TRUE COPY OF THE STRENGTH VERIFICATION DONE BY THE VERIFYING
OFFICER AND THE HIGHER LEVEL VERIFICATION BY D.E.O. ALAPPUZHA
EXT.P2 TRUE COPY OF THE G.O.(P) 199/2012/GEN.EDN. DATED 01.10.2012
EXT.P3 TRUE COPY OF THE ORDER ISSUED BY THE GOVERNMENT
EXT.P4 TRUE COPY OF THE GOVERNMENT ORDER G.O.(MS) 92/2010
DATED 04.06.2010
EXT.P5 TRUE COPY OF THE STAFF FIXATION ORDER FOR THE YEAR 2011-2012
RESPONDENTS EXHIBITS NIL
/TRUE COPY/
PA TO JUDGE
sdr/-
27.7.18
P.V.ASHA J.
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W.P.(C).No.3583 of 2013
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Dated this the 25th day of July, 2018
J U D G M E N T
The petitioner worked as LPSA in the 5 th respondent School from 05.06.2004 onwards. In the staff fixation for the year 2009, she was retrenched due to fall in division consequent to dearth of students. Petitioner was thereupon posted in the Block Resource Centre as Cluster Co-ordinator under the SSA. Petitioner claims that in the academic year 2011-12, there was justification for one more post. In the year 2014, petitioner is posted in the school against a sanctioned post. This writ petition was filed seeking a direction to the respondents to issue W.P.(C).No.3583 of 2013 2 orders of staff fixation for the year 2011-12 in tune with the verification report Ext.P1, which indicates justification for one more post in which she could have been accommodated.
2. Respondents have filed a counter affidavit stating the petitioner was included under the Teachers Package of retrenched teachers and was posted as Cluster Co-ordinator based on the order dated 01.10.2011. It is stated that there was division fall in the year 2009-10; there were only 5 divisions with 5 posts including Headmaster, during 2010-11. It is further stated that due to existence of shift system in the School, no additional post is admissible for 2011-12, though, the pupils' strength warrants 2 class divisions in Std.II. It is stated that Std.I is working under the shift system, therefore there is no change in number of posts of W.P.(C).No.3583 of 2013 3 LPSAs during 2010-11 and 2011-12 as compared to that of 2009-10 and therefore there would not be any additional post for accommodating the petitioner in 2011-12. It is stated that even if the shift system is abolished, there would not have been any change in the school.
3. As per orders then existed, the staff fixation for the year 2010-11 was to to followed in the subsequent years. Staff fixation orders were issued thereafter in 2016. Petitioner has produced Ext.P5 staff fixation order for the year 2011-12, issued on 11.02.2016, according to which, 5 divisions are sanctioned. In that order, there is a remark to the effect b