K.T.Elsy v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE THURSDAY, THE 15TH DAY OF JANUARY 2015/25TH POUSHA, 1936 WP(C).No. 1401 of 2015 (A) -------------------------------------- PETITIONER(S):
----------------------- K.T.ELSY, AGED 42 YEARS W/O V.P.PAPACHAN, HEADMISTRESS, ST. ANTONY'S HIGHER SECONDARY SCHOOL PUTHENPEEDIKA, THRISSUR DISTRICT.
BY ADVS.SRI.K.T.SHYAMKUMAR SRI.HARISH R. MENON RESPONDENT(S):
-------------------------
1. STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM-695001.
2. THE DIRECTOR OF PUBLIC INSTRUCTIONS THIRUVANANTHAPURAM-695001.
3. THE DEPUTY DIRECTOR OF EDUCATION THRISSUR-680001.
4. THE DISTRICT EDUCATIONAL OFFICER THRISSUR-680001.
5. CORPORATE EDUCATIONAL AGENCY ARCHIDIOCESE OF THRISSUR CATHOLIC ARCHBISHOP'S HOUSE, THRISSUR-680005. R1-4 BY SENIOR GOVERNMENT PLEADER SRI.V.VIJULAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PJ
WP(C).No. 1401 of 2015 (A) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1:
TRUE COPY OF THE APPOINTING ORDER DATED 1.2.2012 APPOINTING THE PETITIONER AS HEADMISTRESS OF ST.ANTONY'S HSS, PUTHYENPEEDIKA.
EXHIBIT P2:
TRUE COPY OF THE ORDER DATED 11.1.2013 ISSUED BY THE 4TH RESPONDNET.
EXHIBIT P3:
TRUE COPY OF THE ORDER DATED 21.2.2014 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P4:
TRUE COPY OF THE REVISION PETITION DATED 18.8.2014 FILED BY THE MANAGER BEFORE THE IST RESPONDENT.
RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.
/ TRUE COPY / P.S. TO JUDGE PJ
A.MUHAMED MUSTAQUE, J.
***************************************************** W.P.(C) No.1401 of 2015 ***************************************************** Dated this the 15th day of January, 2015
JUDGMENT
The petitioner while working as High School Assistant (Mathematics) in the St.Thomas Higher Secondary School, Engandiyur, was promoted as Headmistress in the St.Antony's HSS, Puthenpeedika by the 5th respondent corporate management with effect from 1.2.2012. It is submitted that the vacancy arose consequent to the appointment of Smt.Reena Anto P., as a Principal of the School. However, appointment of Smt.Reena Anto P. was not approved by the Regional Deputy Director for the reason that the Government has not sanctioned a HSST post in the School. Consequently, the petitioner's appointment was also not approved by the District Educational Officer as per order dated 4.10.2012. Appeals filed before the Deputy Director of
W.P.(C) No.1401 of 2015 2 Education and the Director of Public Instruction were also rejected. It is submitted that the Manager has already filed revision petition before the Government. In the meanwhile, it is submitted that the appointment of Smt.Reena Anto P. as Principal in charge has been approved as per order dated 20.3.2012 by the Regional Deputy Director and hence there is no impediment in approving the appointment of the petitioner as Headmistress of the school. It is also submitted that the Government has sanctioned the post of Principal in the school with effect from 6.8.2011.
In view of Ext.P4 revision petition, I am of the view that an expeditious disposal is required. Accordingly, there shall be a direction to the first respondent to take appropriate decision on Ext.P4 within a period of three months.
The writ petition is disposed of as above.
Sd/- A.MUHAMED MUSTAQUE, JUDGE ln