T.N. SANILA Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition is filed by the petitioner seeking to quash Ext.P14 Government Order dated 23.02.2010, whereby petitioner is found not eligible for any protection, and the retrenchment of the petitioner from service with effect from 15.07.2003 is not illegal, requiring interference, and for other related and consequential reliefs. Brief material facts for the disposal of the writ petition are as follows:

(2.) Petitioner was appointed as H.S.A (Social Studies) in R.N.M High School, Naripatta, managed by the 3rd respondent, as per Ext.P1 order. The said appointment was approved by the 2nd respondent and thereafter the 3rd respondent appointed the petitioner as H.S.A (English) vide Ext.P10 order. When Ext.P10 order was forwarded for approval, the same was rejected by the 2nd respondent vide Ext.P11 order. Aggrieved by Ext.P11 order, petitioner filed appeal before the Deputy Director of Education, Kozhikode, which was dismissed as per Ext.P12 order. It was thus challenging Ext.P12 order, petitioner filed a Revision before the Director of Public Instruction, which was also dismissed as per Ext.P13 order. Thereafter, second Revision was preferred before the State Government, which was declined by an order dated 11.06.2007. Thereupon, petitioner has approached this Court by filing W.P.(C) No.1278/2008. The said writ petition was allowed by this Court and the order of the Government in revision was set aside, and further directed the Government to pass fresh orders on the revision filed by the petitioner after providing an opportunity of hearing to the petitioner. It was thereafter that Ext.P14 order was passed, dismissing the Revision.

(3.) A detailed counter affidavit is filed by the 1st respondent, justifying the stand adopted in Ext.P14 order. Among other contentions, it is stated that, the Manager appointed the petitioner as H.S.A. (Social Studies) with effect from 06.11.1997 onwards against the vacancy of K. Gopalakrishnan, H.S.A. (SS) who resigned from service. Petitioner possesses B.A. (English) and B.Ed. (English). Her appointment was approved as H.S.A (SS) with effect from 06.11.1997, as per the order dated 16.08.1999, and she was appointed against the 11th post of H.S.A (SS) existed in the school.