NAICYMOL C S CLUSTER CO-ORDINATOR (FORMERLY HSA (SOCIAL SCIENCE) Vs. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) This writ petition is filed seeking the following relief:-

(2.) Heard learned Senior Counsel appearing for the petitioner as well as learned Government Pleader.

(3.) It is submitted that the petitioner had been appointed as HSA (Social Science) with effect from 04.06.1999 and her appointment had been approved. It is stated that during the year 2010-11, there was division fall and the third respondent retained the petitioner in the parents school. One Smt.A.R.Smitha HSA(Maths) is senior to the petitioner challenged the retention of the petitioner on the ground that she is a senior claimant and is entitled for retention. By Ext.P1 judgment dated 14.11.2016, this Court held that Smt.Smitha, being senior to the petitioner in service, is entitled to be retained in the existing vacancy of HSA(English) and the petitioner would have to face retrenchment pursuant to the staff fixation order for the academic year 2010-11 and orders of the Government clarifying this aspect thereafter. The writ petition No.5791 of 2016 and connected case was dismissed with the following directions:-