Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN WEDNESDAY, THE 31ST DAY OF MAY 2023 / 10TH JYAISHTA, 1945 WP(C) NO. 17698 OF 2023 PETITIONER: SUSHA S AGED 40 YEARS UPST, AMRITHA SANSKRIT HIGHER SECONDARY SCHOOL, PARIPPALLY, CURRENTLY WORKING AS LPST, CHENTHIPPIL LPS, CHENTHIPPIL P.O., RESIDING AT NAIVEDYAM, KIZHAKANELA P.O., PARIPALLY, 691574, PIN - 691574 BY ADVS. JOHNSON GOMEZ SANJAY JOHNSON JOHN GOMEZ ARUN JOHNY ABIN JACOB MATHEW DEEBU R. REVATHI.B SANJITH JOHNSON ANN MARIA SEBASTIAN RESPONDENTS:
1 STATE OF KERALA STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVT. SECRETARIAT, TRIVANDRUM, 695001., PIN - 695001 2 DIRECTOR GENERAL OF EDUCTION OFFICE OF THE DIRECTOR OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM, PIN - 695014 3 THE DEPUTY DIRECTOR OF EDUCATION OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, THEVALLY, KOLLAM, KERALA, 691009., PIN - 691009 4 MANAGER CHENTHIPPIL LPS MANAGER, CHENTHIPPIL LPS, CHENTHIPPIL P.O., VILAVOORKONAM, KOLLAM DISTRICT, 691578., PIN - 691578 5 MANAGER, S.M HSS, KOTTARA, VELICHIKALA P.O., KOLLAM DIST.,691573, PIN - 691573
OTHER PRESENT: SMT.SURYA BINOY, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: --------------------- --------------------------- Dated this the 31st day of May, 2023
JUDGMENT
This writ petition is filed with the following prayers:- “1. Call for records leading to Ext. P5 order and to set aside the same to the limited extent it redeployed the Petitioner from Chinthipil LPS to SM HSS, Kottara.
2. To consider Ext. P6 representation submitted by the Petitioner, in accordance with law and within a time frame fixed by this Hon'ble Court, after affording a reasonable opportunity of hearing to the Petitioner.
3. Grant such other relief that this Hon'ble Court may deem fit and proper in the facts and circumstances of this case.” (SIC)
2. The petitioner is mainly aggrieved by Ext.P5
redeployment order. The petitioner submitted Ext.P6 representation against Ext.P5. The apprehension of the petitioner is that, before considering the same, if Ext.P5
order of redeployment is implemented, there will be
difficulties to her. It is also submitted that the petitioner is a lady and having two children.
3. Heard the learned Government Pleader also.
4. After hearing both sides, I am of the considered
opinion that these are matters to be decided by the 3 rd respondent. The petitioner submitted Ext.P6 before the 3 rd respondent. Therefore, there can be a direction to the 3 rd respondent to consider the same. Till then, the petitioner shall be retained in the 4th respondent school. Therefore, this writ petition is disposed of with the following directions:-
i) The 3rd respondent is directed to consider and pass appropriate orders in Ext.P6 representation, as expeditiously as possible, at any rate, within one month from the date of receipt of a certified copy of this judgment.
ii) Till then, the petitioner shall be retained in the 4th respondent school. Sd/- JUDGE bng APPENDIX OF WP(C) 17698/2023 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE ORDER NO. B1/5668/2018 DATED 07-09-2018 ISSUED BY THE 3RD RESPONDENT Exhibit P2 A TRUE COPY OF THE REPRESENTATION DATED 28-06-2022 SUBMITTED BY THE PETITIONER Exhibit P3 A TRUE COPY OF THE CONSENT LETTER DATED 20-06-2022 ISSUED BY THE 4TH RESPONDENT TO THE 3RD RESPONDENT Exhibit P4 A TRUE COPY OF THE RELEVANT PAGES OF
ORDER NO. DEKLM/1061/2022-B1 DDE DATED
25-08-2022 ISSUED BY THE 3RD RESPONDENT Exhibit P5 A TRUE COPY OF THE ORDER NO. DDEKLM/2604/2023-B1 DATED 30-05-2023 ISSUED BY THE 3RD RESPONDENT Exhibit P6 A TRUE COPY OF THE REPRESENTATION DATED 30-05-2023 SUBMITTED BY THE PETITIONER