2025:KER:25256 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH TUESDAY, THE 25TH DAY OF MARCH 2025 / 4TH CHAITHRA, 1947 WP(C) NO. 11883 OF 2025 PETITIONER: RESHNA M.K. AGED 34 YEARS W/O SABIN,UPST, MENAPROM EAST UP SCHOOL, KOLAYI-MEKKUNNU, CHOKLI, KANNUR DISTRICT- (RESIDING AT MADATHUMKANDI, THAZHEKUNIYIL, PANOOR P.O., KANNUR DISTRICT), PIN - 670675 BY ADVS. V.A.MUHAMMED M.SAJJAD P.A.JENZIA RESPONDENTS: 1 THE STATE OF KERALA REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE II, THIRUVANANTHAPURAM, PIN - 695001 2 THE DISTRICT EDUCATIONAL OFFICER, THALASSERY, KANNUR DISTRICT, PIN - 670101 3 THE ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICERCHOKLI, KANNUR DISTRICT, PIN - 670672 2025:KER:25256 WP(C) No.11883 of 2025 2 4 THE MANAGER, MENAPROM EAST UP SCHOOL, KOLAYI-MEKKUNNU, CHOKLI, KANNUR DISTRICT, PIN - 670675 5 THE HEADMASTER, MENAPROM EAST UP SCHOOL, KOLAYI-MEKKUNNU, CHOKLI, KANNUR DISTRICT, PIN - 670675 BY ADV. SMT. ANIMA M., GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:25256 WP(C) No.11883 of 2025 3 JUDGMENT Dated this the 25th day of March, 2025 Petitioner was appointed in the School as UPST from 06.10.2022. Approval to Ext.P1 was declined by the Assistant Educational Officer and Distinct Educational Officer as per Exts.P2 and P3. It has not been taken up in Revision Appeal before the Director by the Manager. Seeking approval to Ext.P1, the petitioner moved Revision Petition. 2. The petitioner submits that the post in which the petitioner was appointed is duly sanctioned. Admissibility of the said post is mentioned in the Staff fixation Order for the year 2022-2023. Ext.P5 indicates two additional posts of UPST in the year 2022-2023. Therefore, it cannot be contended that there had been no sanctioned post of UPST to accommodate the petitioner. The petitioner was appointed against an additional post initially. Going by Rule 7(2) Chapter XXI of the KER, one among the two additional posts could be 2025:KER:25256 WP(C) No.11883 of 2025 4 filled up by the Manager. The said aspect of the matter was not gone into either by the AEO or the DEO. 3. Besides, while the petitioner has been continuing in service, there arose a retirement vacancy of UPST on 01.06.2023. To the said vacancy, the petitioner could have been transposed. The Government has been consistently taking the stand that the earlier appointee shall be accommodated against the next arising regular vacancy. In view of Exts.P8 to P11, the petitioner may be appointed against the vacancy of UPST arose on 01.06.2023 in any event, contends the petitioner. 4. I have heard the learned counsel for the petitioner and the learned Government Pleader representing respondents 1 to 3. 5. The petitioner would urge that she was appointed in the School as UPST from 06.10.2022. Approval to Ext.P1 was declined by the Assistant Educational Officer and the Distinct Educational Officer as per Exts.P2 and P3. 2025:KER:25256 WP(C) No.11883 of 2025 5 The petitioner moved the Government filing Ext.P4 Revision Petition, which is pending. 6. Going through the pleadings, I find that the petitioner has preferred Ext.P4 Revision Petition. As Ext.P4 is a statutory Revision Petition, it would be only just and proper that the revisional authority considers the same and passes appropriate orders in accordance with law. The writ petition is therefore disposed of directing the 1st respondent to consider Ext.P4 Revision Petition and take appropriate decision thereon within a period of four months after giving an opportunity of hearing to the petitioner, adverting to Exts.P8 to P11 also. Sd/- N.NAGARESH JUDGE spk 2025:KER:25256 WP(C) No.11883 of 2025 6 APPENDIX OF WP(C) 11883/2025 PETITIONER EXHIBITS Exhibit P-1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 06.10.2022 Exhibit P-2 TRUE COPY OF THE ORDER NO. B/37222/2022 DATED 02.06.2023 OF THE AEO, CHOKLI Exhibit P-3 TRUE COPY OF THE ORDER NO. B5/200459/2023 DATED 06.03.2024 OF THE DEO, THALASSERY Exhibit P-4 TRUE COPY OF THE REVISION PETITION SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT DATED 12.02.2025 (WITHOUT EXHIBITS) Exhibit P-5 TRUE COPY OF THE STAFF FIXATION ORDER FOR THE YEAR 2022-23 VIDE NO. B/45506/2022 DATED 20.08.2022 ISSUED BY THE AEO, CHOKLI Exhibit P-6 TRUE COPY OF THE STAFF FIXATION ORDER FOR THE YEAR 2023-24 VIDE NOD.DIS B/59247/2023 DATED 20.08.2023 ISSUED BY THE AEO, CHOKLI Exhibit P-7 TRUE COPY OF THE STAFF FIXATION ORDER FOR THE YEAR 2024-25 VIDE NOD.DIS. B/745373/2024 DATED 11.07.2024 ISSUED BY THE AEO, CHOKLI Exhibit P-8 TRUE COPY OF THE G.O(MS) NO. 275/1999/G.EDM. DATED 09.11.1999 Exhibit P-9 TRUE COPY OF THE G.O(RT) NO.5533/2019/G.EDN. DATED 18.12.2019 2025:KER:25256 WP(C) No.11883 of 2025 7 Exhibit P-10 TRUE COPY OF THE G.O(RT) NO. 4981/2023/G.EDN. DATED 07.09.2023 Exhibit P-11 TRUE COPY OF THE G.O(RT) NO. 3919/2019/G.EDN. DATED 30.09.2019