← Library
High Court of KeralaWP(C)/1998/2015disposed of

E.G.Ginsha v. The State Of Kerala

2015-01-20Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 20TH DAY OF JANUARY 2015/30TH POUSHA, 1936 WP(C).No. 1998 of 2015 (Y) ---------------------------------------- PETITIONER(S):

-------------------------- E.G.GINSHA, AGED 31 YEARS, WIFE OF NITHIN RAJ, UPSA, ST.SEBASTIAN ANGLO INDIAN UP SCHOOL, PADIYOOR IRINJALAKUDA, THRISSUR DISTRICT - 680 124 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, THRISSUR AT AYYANTHOLE - 680 003.

4. THE DISTRICT EDUCATIONAL OFFICER, IRINJALAKUDA, THRISSUR DISTRICT - 680 121.

5. THE ASSISTANT EDUCATIONAL OFFICER, IRINJALAKUDA, THRISSUR DISTRICT - 680 121.

6. THE MANAGER, ST.SEBASTIAN ANGLO INDIAN U.P SCHOOL, PADIYOOR IRINJALAKKUDA, THRISSUR DISTRICT - 680 124.

BY GOVERNMENT PLEADER SRI.V.VIJULAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Msd.

WP(C).No. 1998 of 2015 (Y) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1:

TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 01.06.2010.

P2:

TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 03.07.2013.

P3:

TRUE COPY OF THE ORDER NO. C/2553/13/K.DIS DATED 03.07.2014 OF THE 5TH RESPONDENT.

P4:

TRUE COPY OF THE APPEAL FILED BEFORE THE 4TH RESPONDENT BY THE MANAGER DATED 25.07.2014.

P5:

TRUE COPY OF THE REVISION PETITION FILED BEFORE THE GOVERNMENT DATED 31.12.2014, WITHOUT ANNEXURE.

P6:

TRUE COPY OF THE G.O.(MS) NO. 275/1999/G.EDN DATED 09.11.1999 OF THE GOVERNMENT.

RESPONDENT(S)' EXHIBITS ----------------------------------------- NIL //TRUE COPY// P.A.TO JUDGE.

Msd.

A.MUHAMED MUSTAQUE, J.

***************************************************** W.P.(C) No.1998 of 2015 ***************************************************** Dated this the 20th day of January, 2015

JUDGMENT

The petitioner was appointed as per Ext.P1 as UPSA in the vacancy of one Smt.V.R.Suraji who was promoted as teacher-in-charge with effect from 29.6.2009 in St. Sebastian Anglo Indian U.P.School, Padiyoor, Ernakulam. The appointment was approved in a leave vacancy. The leave was extended. The petitioner was reappointed and it was declined by Ext.P3 stating that the vacancy is not available. Challenging Ext.P3 order, the Manager preferred an appeal before the District Educational Officer, Irinjalakuda by Ext.P4. The petitioner preferred a revision before the Government by Ext.P5.

In view of the pendency of Ext.P5 revision, there shall be a direction to the first respondent to dispose Ext.P5 revision after hearing the petitioner and the Manager within

W.P.(C) No.1998 of 2015 2 a period of four months. In view of the above direction, the appeal filed by the Manager as per Ext.P4 before the District Educational Officer, Irinjalakuda shall be treated as redundant. The petitioner shall produce a copy of this judgment before the Manager as well as the District Educational Officer, Irinjalakuda.

The writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ln