Research › Search › Judgment

High Court of Kerala · body

2025 DAILYLAW 6202 (KER)

SREELAKSHMI M P v. STATE OF KERALA

WP(C)/12805/2025 · 2025-03-27

N Nagaresh

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:KER:26173 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 WP(C) NO. 12805 OF 2025 PETITIONER: SREELAKSHMI M P AGED 38 YEARS W/O. MANOJKUMAR N V, LPST, MOWERI MOPLA LP SCHOOL, KINAVAKKAL, KOTTAYAM, MALABAR POST, KANNUR DISTRICT RESIDING AT ANUGRAHA, 19TH MILE, CHAVASSERY POST, KANNUR DISTRICT, PIN - 670702 BY ADVS. POOVAMULLE PARAMBIL ABDULKAREEM K.N.KUMARASWAMY SARMA RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 DIRECTOR OF GENERAL EDUCATION OFFICE OF THE DIRECTOR OF GENERAL EDUCATION, JAGATHI, THIRUVANANTHAPURAM, PIN - 695014 3 DISTRICT EDUCATIONAL OFFICER OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, THALASSERY, KANNUR DISTRICT, PIN - 670101 2025:KER:26173 WP(C) No.12805 of 2025 2 4 ASSISTANT EDUCATIONAL OFFICER OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, THALASSERY NORTH, KANNUR DISTRICT, PIN - 670101 5 MANAGER MOWERI MOPLA LP SCHOOL, KINAVAKKAL, KOTTAYAM MALABAR POST, KANNUR DISTRICT, PIN - 670643 BY ADV. SMT. ANIMA M., GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:26173 WP(C) No.12805 of 2025 3 JUDGMENT Dated this the 27th day of March, 2025 The petitioner is working as LPST in Moweri Mopla LP School with effect from 01.06.2017. The appointment was approved on daily wages as the School was uneconomic during that year. However, from the Academic Year 2022- 2023 onwards, total strength of the pupils in the School increased to 70 and in the subsequent years also, the School has maintained the effective strength for sanctioning minimum strength of Teachers. 2. Though the petitioner has not acquired K-TET qualification for the time being, the 1st respondent has granted relaxation for acquiring the said qualification till May, 2025. In Ext.P8 order, it is directed to finalise the process of granting approval to those Teachers, who are waiting for approval on the issue of K-TET during the period from 2025:KER:26173 WP(C) No.12805 of 2025 4 01.06.2012 to 2019-2020. This aspect was not properly considered by the 4th respondent while issuing Ext.P9 order. 3. Though the petitioner moved a Revision Petition before the 2nd respondent, the same was rejected as per Ext.P12 stating that the petitioner is not a permanent Teacher in the School as her appointment is approved on daily wages. The contention of the 2nd respondent is illegal and against Ext.P13 order issued by the 1st respondent as her appointment is in the regular established vacancy, contends the petitioner. 4. I have heard the learned counsel for the petitioner and the learned Government Pleader representing respondents 1 to 4. 5. Against Ext.P12 order, which is impugned in this writ petition, the petitioner has preferred Ext.P14 Revision Petition before the 1st respondent. As Ext.P14 Revision Petition is filed invoking Rule 92 of Chapter XIVA of the KER, 2025:KER:26173 WP(C) No.12805 of 2025 5 it would be only appropriate that the 1st respondent considers the same and takes appropriate decision thereon expeditiously. The writ petition is therefore disposed of directing the 1st respondent to consider Ext.P14 Revision Petition and take appropriate decision thereon within a period of four months, adverting to Exts.P8 and P13. Sd/- N.NAGARESH JUDGE spk 2025:KER:26173 WP(C) No.12805 of 2025 6 APPENDIX OF WP(C) 12805/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER DATED 01/06/2017 ISSUED BY THE 5TH RESPONDENT Exhibit P2 TRUE COPY OF THE ORDER NO. D/627/2018 DATED 20/03/2018 ISSUED BY THE 4TH RESPONDENT Exhibit P3 TRUE COPY OF THE STAFF FIXATION ORDER NO. D.DIS. D/51870/2022 DATED 19/08/2022 FOR THE YEAR 2022-23 ISSUED BY THE 4TH RESPONDENT Exhibit P4 TRUE COPY OF THE STAFF FIXATION ORDER NO. D.DIS. D/63316/2023 DATED 18/08/2023 FOR THE YEAR 2023-24 ISSUED BY THE 4TH RESPONDENT Exhibit P5 TRUE COPY OF THE STAFF FIXATION ORDER NO. D.DIS. D/748910/2024 DATED 11/07/2024 FOR THE YEAR 2024-5ISSUED BY THE 4TH RESPONDENT Exhibit P6 TRUE COPY OF THE CIRCULAR NO.58604/J2/12/GEDN DATED 06/11/2012 ISSUED BY THE 1ST RESPONDENT Exhibit P7 TRUE COPY OF THE ORDER NO. B5/200114/2023 DATED 11/07/2023 ISSUED BY THE 3RD RESPONDENT Exhibit P8 TRUE COPY OF THE G.O(MS)NO. 133/2024/GEDN DATED 05/11/2024 ISSUED BY THE 1ST RESPONDENT 2025:KER:26173 WP(C) No.12805 of 2025 7 Exhibit P9 TRUE COPY OF THE REPLY DATED 02/12/2024 ISSUED BY THE 4TH RESPONDENT Exhibit P10 TRUE COPY OF THE REVISION PETITION DATED 05/12/2024 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P11 TRUE COPY OF THE JUDGMENT DATED 11/12/2024 IN WP(C)NO. 44096/2024 ISSUED BY THIS HON’BLE COURT Exhibit P12 TRUE COPY OF THE ORDER NO.G4/27050/2024/DGE DATED 11/03/2025 ISSUED BY THE 2ND RESPONDENT Exhibit P13 TRUE COPY OF THE G.O(MS) NO.51/2023/GEDN DATED 02/05/2023 ISSUED BY THE 1ST RESPONDENT Exhibit P14 TRUE COPY OF THE REVISION PETITION DATED 20/03/2025 SUBMITTED BY THE PETITIONER