High Court of KeralaWP(C)/268/2015disposed of

Dishila U.K. v. State Of Kerala

2015-01-06Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 6TH DAY OF JANUARY 2015/16TH POUSHA, 19361 WP(C).No. 268 of 2015 (G) -------------------------- PETITIONER:

---------- DISHILA U.K.

URDU TEACHER, ORKKATTERI NORTH UP SCHOOL KOZHIKODE DISTRICT.

BY ADV. SRI.R.K.MURALEEDHARAN RESPONDENTS:

------------

1. STATE OF KERALA REPRESENTED BY SECRETARY TO GENERAL EDUCATION DEPARTMENT TRIVANDRUM - 695 001.

2. THE ASSISTANT EDUCATIONAL OFFICER CHOMBALA, KOZHIKODE DISTRICT - 673 308.

3. THE MANAGER ORKKATTERI NORTH UP SCHOOL KOZHIKODE DISTRICT - 673 101.

R BY GOVERNMENT PLEADER: SRI V VIJULAL SR.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 268 of 2015 (G) APPENDIX PETITIONER(S)' EXHIBITS:

----------------------- EXHIBIT P1: A TRUE COPY OF THE APPOINTMENT ORDER DATED 16/06/2008 IN FORM 27 ALONG WITH THE PROCEEDINGS FOR APPROVAL DATED 26/03/2009. EXHIBIT P2: A TRUE COPY OF THE GO(RT) NO. 2590/10/G.EDN. DATED 15/06/2010.

EXHIBIT P3: A TRUE COPY OF THE GO(P) NO. 144/2013/G.EDN. DATED 22/04/2013.

EXHIBIT P4: A TRUE COPY OF THE REVISION PETITION DATED 20/10/2014 ALONG WITH THE POSTAL RECEIPT.

RESPONDENT(S)' EXHIBITS:NIL True Copy/ P A to Judge

A.MUHAMED MUSTAQUE, J.

========================= W.P(C).No.268 of 2015 ============================ Dated this the 06th day of January, 2015

JUDGMENT

Petitioner submits that she was appointed as a Urdu teacher in a retirement vacancy from 16.06.2008 onwards. However, it is submitted that the appointment was only approved on daily wages between the period from 16.06.2008 to 31.03.2009. Challenging the above, petitioner filed a revision under Rule 92 of Chapter XIV A of Kerala Education Rules 1959 before the second respondent. Petitioner relies on the judgment in State of Kerala Vs. Sneha Cheriyan & Ors (2013(1) KLT

755) and submits that the she is entitled for approval of appointment on regular basis for the above period. 2.

In view of pendency of Ext.P4, there shall be a direction to the first respondent to take up Ext.P4 revision after affording an opportunity of hearing to the petitioner and pass appropriate orders within a period of four months after affording an opportunity of hearing to the petitioner.

The Writ Petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE.

Sbna/06/01/15