High Court of KeralaWP(C)/514/2015disposed of

B. Syamala v. The State Of Kerala

2015-01-07Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE 7TH DAY OF JANUARY 2015/17TH POUSHA, 1936 WP(C).No. 514 of 2015 (L) ---------------------------------- PETITIONER(S):

-------------------------- B. SYAMALA, AGED 55 YEARS, WIFE OF C.B.MANMADHAN NAIR, TEACHER-IN-CHARGE, S N M VOCATIONAL HIGHER SECONDARY SCHOOL, VANNAPPURAM, THODUPUZHA, IDUKKI DISTRICT.

BY ADVS.SRI.V.A.MUHAMMED SRI.M.SAJJAD RESPONDENT(S):

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

1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.

2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM. 695 014.

3. THE DEPUTY DIRECTOR OF EDUCATION, IDUKKI AT THODUPUZHA. 685 584.

4. THE DISTRICT EDUCATIONAL OFFICER, THODUPUZHA, IDUKKI DISTRICT. 685 584.

5. THE MANAGER, S N M VOCATIONAL HIGHER SECONDARY SCHOOL, VANNAPPURAM, THODUPUZHA, IDUKKI DISTRICT. 685 607. R1 TO R4 BY SENIOR GOVERNMENT PLEADER SRI.V.VIJULAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: msv/

WP(C).No. 514 of 2015 (L) ----------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT. P1- TRUE COPY OF THE G.O.(P) NO.93/2010/G.EDN. DATED 8.6.2010 OF THE GOVERNMENT.

EXT. P2- TRUE COPY OF THE JUDGMENT IN W.P[C] NO.22756/2010-T DATED 16.7.2014. EXT. P3- TRUE COPY OF THE ORDER OF THE DISTRICT EDUCATIONAL OFFICER DATED 20.09.2014.

EXT. P4- TRUE COPY OF THE REVISION PETITION FILED BEFORE THE 2ND RESPONDENT DATED 27.11.2014.

RESPONDENT(S)' EXHIBITS:

----------------------------------------- NIL //TRUE COPY// P.S.TO JUDGE Msv/

A.MUHAMED MUSTAQUE, J.

***************************************************** W.P.(C) No.514 of 2015 ***************************************************** Dated this the 7th day of January, 2015

JUDGMENT

The petitioner claims that she is the senior most H.S.A. in S.N.M. Vocational Higher Secondary School, Vannappuram and the petitioner is qualified for the post of Headmistress. The petitioner submits that there is some dispute pending in relation to the management of the School and the Government has taken over the School as per G.O.(P) No.93/2010/G.Edn dated 8.6.2010. However, the petitioner submits that the District Educational Officer posted the petitioner as teacherin-charge instead of Headmistress. The petitioner submits that there is no dispute regarding the post of the Headmistress. Therefore, the petitioner being the senior most claimant is entitled for the post of Headmistress. Accordingly, the petitioner has approached the Director of Public Instructions by Ext.P4 Revision Petition.

W.P.(C) No.514 of 2015 2 In view of the above, there shall be a direction to the second respondent to consider Ext.P4 within a period of three months. Ext.P4 shall be considered notwithstanding the fact that the management dispute of the School is pending before the court for adjudication.

The writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ln