Resmi B. v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE SMT. JUSTICE P.V.ASHA WEDNESDAY, THE 27TH DAY OF MAY 2015/6TH JYAISHTA, 1937 WP(C).No. 485 of 2013 (I) -------------------------- PETITIONER:
----------- SMT.RESMI B. AGED 41 YEARS HSA (MALAYALAM), TD HIGHER SECONDARY SCHOOL THIRUMALABHAGAM P.O., THURAVOOR, CHERTHALA ALAPPUZHA DISTRICT, PIN-688 540 RESIDING AT PUTHUPARAMBIL HOUSE, PATTANAKKAD P.O. CHERTHALA-688 531.
BY ADVS.SMT.SUMATHY DANDAPANI (SR.) SRI.MILLU DANDAPANI RESPONDENTS:
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1. STATE OF KERALA REPRESENTED BY THE SECRETARY GENERAL EDUCATION DEPARTMENT THIRUVANANTHAPURAM-695 001.
2. DIRECTOR HIGHER SECONDARY EDUCATION THIRUVANANTHAPURAM, HOUSING BOARD BUILDING THIRUVANANTHAPURAM-695 001.
3. REGIONAL DEPUTY DIRECTOR HIGHER SECONDARY EDUCATION, CORPORATION BUILDING PALAYAM, THIRUVANANTHAPURAM-695 033.
4. CORPORATE MANAGEMENT TD SCHOOL THURAVOOR, ALAPPUZHA-688 532 REPRESENTED BY THE CORPORATE MANAGER, TD SCHOOL ALAPPUZHA.
5. SRI.G. SAJIKUMAR HSST MALAYALAM (JUNIOR), TD HIGHER SECONDARY SCHOOL THURAVOOR-688 532, RESIDING AT SUNITHA BHAVAN NEDUVALI, KONCHIRA P.O., VEMBAYAM THIRUVANANTHAPURAM-695 615.
SRI.NOUSHAD THOTTATHIL, GOVERNMENT PLEADER R4 BY ADV. SRI.V.A.MUHAMMED R4 BY ADV. SRI.V.RAJASEKHARAN NAIR R5 BY ADV. SRI.KALEESWARAM RAJ THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: RKC
APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF THE APPOINTMENT ORDER DTD.5.6.2000 APPROVED BY THE DEO, ALAPPUZHA.
P2 : COPY OF THE REPRESENTATION DTD.27.3.2011 SUBMITTED BY THE PETITIONER.
P3 : COPY OF THE APPOINTMENT ORDER DTD.3.9.2012 OBTAINED THROUGH APPLICATION UNDER THE RIGHT TO INFORMATION ACT. P4 : COPY OF THE REPRESENTATION DTD.4.10.2012 SUBMITTED BY THE PETITIONER.
P4(a): COPY OF THE ACKNOWLEDGMENT CARD DTD.17.10.2012. P5 : COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
P5(a): COPY OF THE REPLY DTD.6.10.2012 ISSUED BY THE 2ND RESPONDENT. RESPONDENTS' EXHIBITS: NIL RKC TRUE COPY PA TO JUDGE
P.V.ASHA, J., W.P.(C) No.485 of 2013 Dated this the 27th day of May, 2015
JUDGMENT
The petitioner is working as HSA (Malayalam) in T.D.Higher Secondary School, Thuravoor. She is aggrieved by the appointment given to the 5th respondent as HSST(Junior) Malayalam, on the ground that the vacancy should have been filled up by appointing qualified hands from among High School Assistants under the 25% quota reserved for them in accordance with the provisions contained in Rule 4(3) of Chapter XXXII of KER. It is the case of the petitioner that no appointments have been made so far under this rule in the Higher Secondary Schools under the Corporate Management-4th respondent, from among HSAs. The petitioner has already approached the Regional Deputy Director of Higher Secondary Education, Thiruvananthapruam as against the appointment, filing Ext P4 representation.
2. I heard the learned counsel appearing for the petitioner, the learned Government Pleader and the learned counsel
W.P.(C) No.485 of 2013 :2:
appearing for the party respondents. It is pointed out by the learned Government Pleader that the representation, Ext.P4, is pending before the 3rd respondent.
3. In the circumstances of the case, there will be a direction to the 3rd respondent to consider Ext.P4 representation and pass orders in accordance with law, after hearing respondents 4 and 5 and other affected parties, if any, within a period of two months from the date of receipt of a copy of this judgment. The approval, if any, granted to the 5th respondent shall be subject to the outcome of the decision to be taken by the 3rd respondent. The writ petition is disposed of accordingly. P.V.ASHA, JUDGE.
rkc The figures "3 and 4" occurring in the 3rd line of paragraph 3 of the judgment dated 27/05/2015 in W.P.(C) No.485/2013 are corrected as "4 and 5", vide order dated 25.6.2015 in I.A.No.7932/2015 in W.P.(C) No.485/2013.
Sd/- Registrar(Judicial)