LIZAMMA JOSEPH Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, who has retired as a HSST Junior (Malayalam), seeks to quash Exts.P3, P6 and P8 and to declare that she was appointed by transfer as HSST Junior (Malayalam) against a sanctioned post available in Exts.P9 and P10 Staff Fixation Orders. In the alternative, the petitioner prays that the workload of HSST Junior (Malayalam) is to be fixed in the light of Ext.P16 Government Order prescribing 50 students for a language Batch and an additional Batch at every point the Batch strength exceeds 50 by margin of 10 students.

(2.) The petitioner was appointed as HSST Junior (Malayalam) with effect from 19/6/2019 at St. Joseph's Higher Secondary School, Kodenchery. The appointment was against the 25% quota set apart for qualified HSSTs. The appointment of the petitioner as HSA (Malayalam) with effect from 18/6/2024 was approved as per Ext.P2. The petitioner has approved service as LPSA also. The Regional Deputy Director of Education rejected the proposal for appointment of the petitioner as HSST Junior (Malayalam) stating that the post against which the petitioner was appointed was a supernumerary post. The petitioner states that till Ext.P3 was issued, there was no objection as regards workload available.

(3.) The Manager submitted appeal against Ext.P3 order. The appeal was rejected as per Ext.P6 order as per order dtd. 17/2/2023. The Manager filed revision petition before the Government which was also dismissed as per Ext.P7 order dtd. 21/6/2023. The petitioner thereupon filed W.P.(C) No.36807/2023. Ext.P7 order was set aside by this Court on the ground of violation of principles of natural justice. The Government, however, again rejected the revision mechanically as per Ext.P8 order dtd. 29/8/2024.