Kerala High Court
Unknown vs By Advs.Sri.V.A.Muhammed on 5 August, 2016
Author: Anil K.Narendran
Bench: Anil K.Narendran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
WEDNESDAY, THE 6TH DAY OF JUNE 2018 / 16TH JYAISHTA, 1940
WP(C).No. 17614 of 2018
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PETITIONER
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T.S. JAYA
WIFE OF Y.I.SABIN KUMAR, AGED 43 YEARS,
HIGH SCHOOL ASSISTANT (MALAYALAM), (ON RETRENCHMENT),
AM HIGHER SECONDARY SCHOOL, TIRUMALA,
THIRUVANANTHAPURAM DISTRICT-695006.
(PRESENTLY ON DEPLOYMENT AS CRC CO-ORDINATOR,
BRC, TIRUR, MALAPPURAM DISTRICT-676562).
BY ADVS.SRI.V.A.MUHAMMED
SRI.M.SAJJAD
RESPONDENTS:
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1. THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE-II,
THIRUVANANTHAPURAM-695014.
2. TEH DIRECTOR OF PUBLIC INSTRUCTIONS
JAGATHY, THIRUVANANTHAPURAM-695014.
3. THE DEPUTY DIRECTOR OF EDUCATION,
THIRUVANANTHAPURAM-695001
4. THE DEPUTY DIRECTOR OF EDUCATION
DOWN HILL, MALAPPURAM DISTRICT-676505.
5. THE HEADMASTER,
AM HIGHER SECONDARY SCHOOL,
TIRUMALA, THIRUVANANTHAPURAM DISTRICT-695006.
R BY SR.GOVERNMENT PLEADER SMT.NISHA BOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06-06-2018,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 17614 of 2018 (B)
APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1 TRUE COPY OF THE G.O.(P) NO.134/2016/G.EDN.DATED
5.8.2016.
EXHIBIT P2 TRUE COPY OF THE LETTER NO.H2/35985/2016/DPI DATED
19.08.2016.
EXHIBIT P3 TRUE COPY OF THE LIST OF TEACHERS WHO GOT
PROTECTION AND ACCOMMODATED IN HOME DISTRICT
OBTAINED UNDER RIGHT TO INFORMATION ACT
EXHIBIT P4 TRUE COPY OF THE LETTER NO.50/18 DATED 14.03.2018
EXHIBIT P5 TRUE COPY OF THE REPRESENTATION SUBMITTED BY
THE PETITIONER BEFORE THE 3RD RESPONDENT DATED
23.04.2018 WITHOUT ANNEXURE.
RESPONDENTS' EXHIBITS : NIL
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/TRUE COPY/
P.A TO JUDGE
AV/7/6
ANIL K.NARENDRAN, J.
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W.P.(C).No.17614 of 2018
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Dated this the 6th day of June, 2018
JUDGMENT
The petitioner, who was appointed as High School Assistant (Malayalam), who is presently on deployment as CRC - Co-Ordinator, BRC, Tirur, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the respondents to accommodate her in Thiruvananthapuram District, by granting protection, in preference to her juniors. The petitioner has also sought for other consequential reliefs, including a writ of certiorari to quash Ext.P4 order of the 5 th respondent dated 14.03.2018 and a writ of mandamus commanding the 3rd respondent to consider and pass orders on Ext.P5 representation dated 23.04.2018, with notice to the petitioner.
2. Heard the learned counsel for the petitioner and also the learned Senior Government Pleader appearing for respondents 1 to 4. Considering the nature of relief proposed to be granted, service of notice on the 5th respondent is dispensed with.
3. Going by the averments in the writ petition, the petitioner commenced regular service as HSA (Malayalam) in the school managed by the 5th respondent, with effect from 05.06.2002. Prior to that, she got approved service against a leave vacancy with effect from 20.09.1999. In terms of G.O(P)No.29/2016/G.Edn dated W.P.(C).No.17614 of 2018 2 29.01.2016 the Government granted protection to the regular teachers who were in service on 31.03.2011. In the staff fixation for the year 2015-16 the post held by the petitioner was abolished. Accordingly, she was deployed as CRC Co-Ordinator in Malappuram District, vide Ext.P3 order dated 01.03.2017. Now, vide Ext.P4 letter, the 5th respondent Headmaster asked her to refund the salary already paid for the months June and August 2016, the period before deployment, while she was retained in the parent school as a protected teacher. Feeling aggrieved by the said recovery, she preferred Ext.P5 representation before the 3 rd respondent Deputy Director of Education. In the said representation, she has also sought for redeployment to her native District.
4. The learned Senior Government Pleader would submit that Ext.P5 representation made by the petitioner is pending consideration before the 3rd respondent.
In such circumstances, leaving open all legal and factual contentions raised by the petitioner, this writ petition is disposed of by directing the 3rd respondent to consider and pass appropriate orders on Ext.P5 representation made by the petitioner, strictly in accordance with law, with notice to the petitioner, the 5 th respondent Headmaster and also the Manager of the school, and after affording them an opportunity of being heard. Necessary orders in this regard shall be passed, as expeditiously as possible W.P.(C).No.17614 of 2018 3 and at any rate, within a period of two months from the date of receipt of a certified copy of this judgment.
Sd/-
ANIL K.NARENDRAN JUDGE AV/7/6