REKHA K. N. Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner states that she is working as High School Teacher (Social Science) in the BSS Higher Secondary School, Kollengode, an aided school under the Corporate Management of the 7th respondent. According to the petitioner, the YMG High School, Kollengode, is also a school under the very same Corporate Management. The petitioner relies on Ext.P2 staff fixation order and contends that the number of posts of High School Teacher in the BSS HSS is two. Relying on Ext.P3 staff fixation order in respect of YMG High School, it is contended that the number of posts in HST (SS) is five. It is contended that ignoring Exts.P2 and P3, the petitioner has been included in the category of protected teachers and she has been ordered to be deployed. She asserts that in the YMG School, only two approved teachers are working though there are five vacancies. In view of the above, the respondents, instead of deploying the petitioner, ought to have accommodated the petitioner in the YMG School. It is submitted that being aggrieved, the petitioner has preferred Exts.P4 to P6 representations before the 3rd respondent and the same is pending. Relying on Rule 12(c)(2) of Chapter XXIII of KER, the petitioner contends that the 3rd respondentought to have considered the representations and sorted out the anomaly. It is in the afore circumstances that this writ petition is filed seeking to quash Exts.P2 and P7 orders and for a further direction to the respondents to consider Exts.P4 to P6 in the light of Rule 12(c)(2) of Chapter XXIII of KER and for incidental reliefs.

(2.) When the matter came up for consideration on 19/9/2022, this Court directed the learned Government Pleader to get instructions and submit as to whether the petitioner is still continuing in the post of HST (SS) in the 5th respondent school. It was also ordered that if the petitioner is continuing in the same post, she shall not be relieved for the time being.

(3.) An affidavit has been filed by the Headmistress of the School. It is stated that as per Ext.P2 staff fixation order, one post of HSA (SS) has been abolished due to division fall with effect from 15/7/2022 and the petitioner was proposed to be included in the list of protected teachers. Anticipating imminent retrenchment/deployment, the petitioner availed commuted leave which was sanctioned from 25/8/2022 to 19/9/2022. Immediately thereafter, the 4th respondent has issued Ext.P7 order deploying the petitioner to Govt. U.P.School, Puthiyangam. As the petitioner was on leave till 19/9/2022, she could not be relieved. It is also stated that from 15/7/2022 onwards, there is no post of HSA (SS) to accommodate the petitioner and time table has been drawn without providing class to the 3rd HSA. It is stated that as on 19/9/2022, the date on which the interim order was issued, there is no post to accommodate the petitioner.