2025:KER:28507 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 WP(C) NO. 13659 OF 2025 PETITIONER: JYOTHY.V.V AGED 45 YEARS W/O. KRISHNADAS.S.R, HST ENGLISH, VALANCHERY HIGHER SECONDARY SCHOOL VALANCHERY- (NOW DEPLOYED TO V.P.AUP SCHOOL VENDALLOOR, MALAPPURAM) (RESIDING AT KRISHNA NIVAS, PERAMBALAM, KUMBIDY.P.O, PALAKKAD-, PIN - 679553 BY ADVS. T.T.MUHAMOOD A.RENJIT GOKUL R.NAIR ANSALAM N.X. VENUGOPAL C. RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 THE DIRECTOR OF GENERAL EDUCATION, DIRECTORATE OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM-, PIN - 695014 3 THE DEPUTY DIRECTOR OF EDUCATION OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION MALAPPURAM, PIN - 676505 2025:KER:28507 WP(C) No.13659 of 2025 2 4 THE DISTRICT EDUCATIONAL OFFICER OFFICE OF THE DISTRICT EDUCATIONAL OFFICER TIRUR,MALAPPURAM DISTRICT, PIN - 676101 5 THE MANAGER, VALANCHERY HIGHER SECONDARY SCHOOL VALANCHERY, PIN - 600042 BY ADV. SMT. ANIMA M., GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:28507 WP(C) No.13659 of 2025 3 JUDGMENT Dated this the 3rd day of April, 2025 The petitioner was appointed as UPST on 01.06.1999 and the said appointment was approved. While working so, the petitioner was promoted to the post of HST (English) with effect from 18.06.2007 to 31.07.2010 against a leave vacancy. While so, another regular vacancy of HST (English) arose and the petitioner was shifted against the said vacancy from 19.06.2008. The said appointment was not approved saying that the appointments of seniors are not approved. However, the petitioner was continuing in service without interruption. 2. Thereafter, the Educational Officers in Exts.P3 and P4, have found that there is absolute vacancy to accommodate the petitioner from 2009-2010 onwards. Therefore, non-approval of the petitioner as HST (English), despite having found that there is clear vacancy to 2025:KER:28507 WP(C) No.13659 of 2025 4 accommodate the petitioner, is absolutely illegal. 3. While so, Exts.P3 and P4 orders were issued deploying the petitioner as UPST to another School, saying that there is no vacancy of HST (English) with effect from 15.07.2019. Exts.P3 and P4 orders, to the extent of deploying the petitioner to the post of UPST, is absolutely illegal, contends the petitioner. Since the petitioner is entitled for approval as HST (English), she should have been deployed as HST alone in the light of Ext.P5 order. She is also entitled for salary in the cadre of HST. Therefore, the petitioner filed Ext.P7 Revision Petition before the Government and the same is pending without consideration, contends the petitioner. 4. I have heard the learned counsel for the petitioner and the learned Government Pleader representing respondents 1 to 4. 5. The petitioner would submit that Exts.P3 and P4 orders deploying the petitioner against a HTV vacancy in UP School, denying deployment as HST (English), is in 2025:KER:28507 WP(C) No.13659 of 2025 5 violation of Ext.P5 Government Order. As per Ext.P5 Government Order, the Teachers have been granted protection based on their status as on 31.03.2011. Therefore, the petitioner has to be deployed as HST. 6. Be that as it may, from the pleadings, I find that aggrieved by ExtsP3 and P4, the petitioner has preferred Ext.P7 representation before the 1st respondent. Therefore, it would be only just and proper that the 1st respondent considers the same and passes appropriate orders thereon in accordance with law, within a reasonable time. The writ petition is accordingly disposed of directing the 1st respondent to consider Ext.P7 representation filed by the petitioner and pass appropriate orders thereon within a period of four months. Sd/- N.NAGARESH JUDGE spk 2025:KER:28507 WP(C) No.13659 of 2025 6 APPENDIX OF WP(C) 13659/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF ORDER NO. B4/21618/2019/K.DIS DATED 20.09.2019 ISSUED BY THE 3RD RESPONDENT Exhibit P2 TRUE COPY OF ORDER NO. B5/5021/2019 DATED 17.12.2019 ISSUED BY THE 4TH RESPONDENT Exhibit P3 TRUE COPY OF ORDER NO. DEOTIR/745/2023-B5 DATED 03.06.2024 ISSUED BY THE 4TH RESPONDENT Exhibit P4 TRUE COPY OF ORDER NO. DDEMPM/B- 1/8220/2024/K.DIS DATED 04.06.2024 ISSUED BY THE 3RD RESPONDENT Exhibit P5 TRUE COPY OF GO(P) NO.29/16/G.EDN DATED 29.01.2016 Exhibit P6 TRUE COPY OF THE REPRESENTATION DATED 12.07.2024 SUBMITTED Y THE PETITIONER BEFORE THE 3RD RESPONDENT Exhibit P7 TRUE COPY OF THE REVISION PETITION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT ON 04.12.2024