LAWS(KER)-2018-2-521

ANNIE CHACKO Vs. STATE OF KERALA AND OTHERS

Decided On February 09, 2018
Annie Chacko Appellant
V/S
STATE OF KERALA AND OTHERS Respondents

JUDGEMENT

(1.) The petitioner is working as a Lower Grade Hindi Teacher at St:Ignatius Vocational & Higher Secondary School, Kanjiramattom. The petitioner says that she joined duty on 01.06.1999 and she has produced Ext.P1 appointment order in evidence of this assertion.

(2.) According to her, the 'Teachers Package' was introduced in the year 2011 ordering that "staff fixation for the academic year 2010-11 will continue for the academic year 2011-12 and that further staff fixation will be done only after finalising the 'Unique Identification Method'. As per her, the said order also mandates that no fresh appointments shall be made in additional division vacancies, except in the case of death, retirement, resignation or promotion and that all other appointments will be made from the 'Teachers Bank'. She contends that this Government Order was challenged in several writ petitions, which led to the Government issuing a fresh Order on 29.01.2016 in this matter and that it consequently issued Ext.P2, under which the 3rd respondent revised the staff fixation of the School for the years from 2011-12 to 2015-16 and she has produced Ext.P3, a copy of the said staff fixation order.

(3.) The petitioner's grievance is that the post of the petitioner was abolished by the above exercise, by ignoring her seniority and availability of sufficient number of divisions in the Upper Primary Classes. She asserts that in the present academic year also there are sufficient students in the Upper Primary Classes and that, since a Teacher does not have a statutory remedy against the staff fixation order, she preferred Ext.P8 representation before the District Educational Officer (DEO)-the 3rd respondent herein, detailing all her contentions. She has filed this writ petition because, even though Ext.P8 was submitted by her as early as on 28.08.2016, the same has not been disposed of by the said Authority. She requests for various other reliefs also in this writ petition, including that Ext.P7 order be quashed.