IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH MONDAY, THE 10^TH DAY OF MARCH 2025 / 19TH PHALGUNA, 1946 WP(C) NO. 25513 OF 2023 PETITIONER:

B. SREEDEVI, AGED 41 YEARS WIFE OF PRABBAKARA PAI, UPPER PRIMARY SCHOOL ASSISTANT, AIDED UPPER PRIMARY SCHOOL, PALLIKKAL, PALLAM, WADAKANCHERY, THRISSUR DISTRICT, PIN - 680582 BY ADVS.

P.A.JENZIA V.RAJASEKHARAN NAIR RESPONDENTS:

1 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE – II, THIRUVANANTHAPURAM, PIN - 695001

2 THE DIRECTOR OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM, PIN - 695014

3 THE DEPUTY DIRECTOR OF EDUCATION, CIVIL STATION, AYYANTHOLE, THRISSUR DISTRICT, PIN - 680003

4 THE DISTRICT EDUCATIONAL OFFICER, CHAVAKKAD,THRISSUR DISTRICT, PIN - 680020

5 THE ASSISTANT EDUCATIONAL OFFICER, VALAPPAD, THRISSUR DISTRICT, PIN - 680567

6 THE ASSISTANT EDUCATIONAL OFFICER, WADAKANCHERI, THRISSUR DISTRICT, PIN - 680582

7 THE MANAGER, KOORIKUZHI AM UP SCHOOL, KAIPAMANGALAM, THRISSUR DISTRICT & AIDED UPPER PRIMARY SCHOOL, PALLIKKAL, PALLAM, WADAKANCHERI THRISSUR DISTRICT – 680 582. & JANAKIYA VIDHYALAM MACHADU, WADAKKANCHERY, THRISSUR DISTRICT – 680 623, PIN - 680681

8 THE HEADMASTER, AIDED UPPER PRIMARY SCHOOL, PALLIKKAL, PALLAM, WADAKANCHERI, THRISSUR DISTRICT, PIN - 680582

9 SMT. BEENA C THAMBI, LPSA, JANAKEEYA VIDYALAYAM, MACHADU, WADAKKANCHERY , THRISSUR DISTRICT, PIN - 680582

0 SMT. STEPHY M.K., LPSA, AMUP SCHOOL KOORIKUZHI, KAIPAMANGALAM, THRISSUR DISTRICT, PIN - 680681

11 SMT. SREEJA K.S., LPST, GLP SCHOOL, THRITHALA, PALAKKAD DISTRICT, PIN - 679534 BY ADVS.

C.D.DILEEP FAYAZ M A C.B. ABHINAVA VISHNUPRIYA M SHYLAJA VARGHESE(K/855/1992)

M.L.REMYA(K/1239/2006)

SRI.PREMCHAND R. NAIR, SR. GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27.01.2025, THE COURT ON 10.03.2025 DELIVERED THE FOLLOWING:

N. NAGARESH, J.

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W.P.(C) No.25513 of 2023 `````````````````````````````````````````````````````````````

Dated this the 10<sup>th</sup> day of March, 2025

J U D G M E N T

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The 7<sup>th</sup> respondent is the Manager of three Schools, the Koorikuzhi AMUP School, the Aided Upper Primary School, Pallikkal and the Janakeeya Vidyalayam, Machadu. The petitioner is working as UPSA in AUPS, Pallikkal. The petitioner seeks to set aside Exts.P3 and P7 to P9 and to declare that the petitioner is entitled to get appointment covered by Ext.P2 approval.

2. The petitioner was appointed as UPSA on

02.06.2014 in AMUP School, Koorikuzhi, as per Ext.P1. The petitioner was appointed against an anticipated post of UPSA on granting independent charge to the Headmaster. For want of established post, the appointment as per Ext.P1 was not approved.

3. While continuing in the said post, the petitioner was again appointed as UPSA in Koorikuzhi AMUP School with effect from 01.06.2016 against a transfer vacancy, as per Ext.P2. The AEO rejected approval to Ext.P2 appointment as per Ext.P3 noting certain defects. The Manager moved a revision petition before the Director which revision petition was rejected as per Ext.P4 order dated 03.03.2020 of the Additional Director General of Education (Academic).

4. The petitioner states that she was appointed against a transfer vacancy of Sri. Victor Prince. The transfer of Sri. Victor Prince stands approved. Moreover, one more Division in UP Section was sanctioned during 2016-2017. Thus, there were two vacancies available during 2016-2017. During the subsequent year, the petitioner was transferred to AUPS, Pallikkal as per Ext.P6 order dated 29.05.2017 and she is continuing as such.

5. Aggrieved by Exct.P3 rejection of approval, the petitioner moved a revision petition before the Government. By Ext.P7 order dated 05.01.2021, the Government ordered to approve the appointment of the petitioner covered by Ext.P1, if there is vacancy available after approving senior appointees. The Manager resubmitted the proposal. Again, the AEO re