High Court of KeralaWP(C)/684/2015disposed of

Leena N v. State Of Kerala

2015-01-084 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM THURSDAY, THE 8TH DAY OF JANUARY 2015/18TH POUSHA, 1936 WP(C).No. 684 of 2015 (I) -------------------------- PETITIONER:

-------------------- LEENA. N., AGED 42 YEARS, W/O.VINAYA CHANDRAN, L.P.S.A, H.L.P.S. MALESAMANGALAM, RESI:THIRUVILLWAMALA, WADAKKANCHERRY, THRISSUR DISTRICT.

BY ADV. SRI.U.BALAGANGADHARAN.

RESPONDENTS:- --------------------------

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

2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM - 695 001.

3. THE DEPUTY DIRECTOR OF EDUCATION, CIVIL LINES, THRISSUR - 680 001.

4. THE ASSISTANT EDUCATION OFFICER, WADAKENCHERY - 680 582.

5. THE MANAGER, H.L.P.S. MALESAMANGALAM, THIRUVILLWAMALA, WADAKKANCHERRY, THRISSUR - 680 582.

R1 TO R4 BY SR. GOVT. PLEADER SRI.V. VIJULAL. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

rs.

WP(C).No. 684 of 2015 (I) APPENDIX PETITIONER'S EXHIBITS:- EXHIBIT P1. A TRUE COPY OF THE STAFF FIXATION PROCEEDINGS D.DIS/E/3499/06 DATED 25.10.2006 ISSUED BY 4TH RESPONDENT AEO.

EXHIBIT P2. A TRUE COPY OF THE GOVERNMENT ORDER NO.GO(P)10/10/G.EDN. DATED 12.01.2010 ISSUED BY 1ST RESPONDENT.

EXHIBIT P3. A TRUE COPY OF THE BOND EXECUTED BY THE 5TH RESPONDENT SCHOOL DATED 18.03.2011.

EXHIBIT P4. A TRUE COPY OF THE APPOINTMENT ORDER CARRYING THE ENDORSEMENT OF 4TH RESPONDENT DATED 10.01.2012. EXHIBIT P5. A TRUE COPY OF THE GOVERNMENT ORDER GO(P)199/2011/G.EDN DATED 01.10.2011 ISSUED BY 1ST RESPONDENT.

EXHIBIT P6. A TRUE COPY OF THE REVISED STAFF FIXATION ORDER NO.D.DIS/II/312/2011 DATED 02.02.2011 ISSUED BY 4TH RESPONDENT AEO.

EXHIBIT P7. A TRUE COPY OF THE STAFF FIXATION ORDER FOR THE YEAR 2014 AND 2015 NO.D.DIS/II/2520/2014 DATED 15.07.2014 ISSUED BY 4TH RESPONDENT AEO.

EXHIBIT P8. A TRUE COPY OF THE REPRESENTATION DATED 10.12.2014 OF THE PETITIONER TO 1ST RESPONDENT.

RESPONDENT'S EXHIBITS:- NIL.

//TRUE COPY// P.A. TO JUDGE rs.

C.K. ABDUL REHIM, J.

------------------------------------------------- W.P.(c) No. 684 OF 2015-I ------------------------------------------------- DATED THIS THE 8th DAY OF JANUARY, 2015.

J U D G M E N T

The petitioner was appointed as L.P.S.A under the 5th respondent management with effect from 25-10-2006 against an anticipated vacancy of additional post for the year 2006-07. But the 4th respondent had approved the appointment only on a daily wage basis for the period from 25-10-2006 to 31-03-2007 and on a scale of pay basis from 01-06-2007 onwards, subject to condition that salary can be claimed only from 01-06-2007 as per Government order G.O (P) No.199/2011. Aggrieved by non-approval of the appointment on a regular basis with effect from 25-10-2006, the petitioner had preferred Ext.P8 revision petition before the 1st respondent. Since the said revision petition is not considered and disposed of, this writ petition is filed. 2.

Heard; Government Pleader appearing on behalf of respondents 1 to 4. Considering pendency of Ext.P8 revision petition before the Government this court is of the

W.P.(c) No.684/2015 -2opinion that direction for an early disposal of the same would suffice to meet to ends of justice.

Therefore this writ petition is disposed of by directing the 1st respondent to consider Ext.P8 and to pass appropriate orders after affording opportunity of personal hearing to the petitioner and all others concerned, at the earliest possible, at any rate within a period of 3 months from the date of receipt of a copy of this judgment. Sd/- C.K. ABDUL REHIM JUDGE AMG True copy P.A. to Judge