LAWS(KER)-2018-3-807

RANJITH. G., Vs. STATE OF KERALA AND OTHERS

Decided On March 14, 2018
Ranjith. G., Appellant
V/S
STATE OF KERALA AND OTHERS Respondents

JUDGEMENT

(1.) The petitioners, who are working as UPSAs in S.M.H.S. Cherayi, an aided school under V.V.Sabha Educational Agency, have approached this Court under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Exts.P12 and P13 orders of the 2nd respondent dated 21.2.2018 and seeking a writ of mandamus commanding the respondents to permit them to continue as UPSA. The petitioners have also sought for a writ of mandamus commanding respondents 1 to 5 to accommodate them as LPSAs after shifting respondents 6 to 8 as UPSA, in the alternative.

(2.) On 28.2.2018, when this writ petition came up for admission, the learned counsel for the petitioners sought time to file revision petitions against Exts.P12 and P13 orders. Accordingly, the writ petition was ordered to be listed today for further consideration and this Court has ordered that status quo as on 28.2.2018 shall be maintained till this date.

(3.) By Exts.P12 and P13 orders, the 2nd respondent has ordered rearrangement of the teaching staff under V.V.Sabha Educational Agency, as per which, the petitioners are included in the teachers bank and deployed on the ground that they are excess teachers. The grievance of the petitioners is that the process undertaken by the 2nd respondent in Exts.P12 and P13 is ignoring the fact that they were working as UPSAs for the last so many years and nobody challenged their appointments. The petitioners would also contend that there are sufficient vacancies to accommodate them as UPSAs. Moreover, Exts.P12 and P13 orders have been passed without hearing them.