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High Court of KeralaWP(C)/2232/2015disposed of

Valsan Matathil Manager, Uliyil South Lp School v. State Of Kerala

2015-01-22Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE THURSDAY, THE 22ND DAY OF JANUARY 2015/2ND MAGHA, 1936 WP(C).No. 2232 of 2015 (D) --------------------------- PETITIONER(S):

------------- VALSAN MATATHIL, MANAGER, ULIYIL SOUTH LP SCHOOL, KANNUR DISTRICT. BY ADVS.SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA RESPONDENT(S):

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1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT THIRUVANANTHAPURAM-695 001.

2. DEPUTY DIRECTOR OF EDUCATION, KANNUR-670 001.

3. ASST. EDUCATIONAL OFFICER, IRRITTY, KANNUR DISTRICT-670 001.

4. SMITHA V.P., L.P.S.A., ULIYIL SOUTH LP SCHOOL KANNUR DISTRICT-670 702.

5. RESMI A.M., L.P.S.A., ULIYIL SOUTH LP SCHOOL KANNUR DISTRICT-670 702.

6. SARASWATHI V., L.P.S.A., ULIYIL SOUTH LP SCHOOL KANNUR DISTRICT-670 702.

R BY GOVERNMENT PLEADER: SRI V VIJULAL SR.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 2232 of 2015 (D) APPENDIX PETITIONER(S)' EXHIBITS:

----------------------- EXT P1 : TRUE COPY OF THE ORDER NO.E8760/2010/KDIS DATED 23-02-2011. EXT P2 : TRUE COPY OF THE APPOINTMENT ORDER ISSUED BY THE PETITONER TO THE 4TH RESPONDENT DATED 01-06-2010.

EXT P3 : TRUE COPY OF THE ORDER ISSUED BY THE PETITIONER TO 5TH RESPONDENT DATED 01-06-2011.

EXT P4 : TRUE COPY OF THE APPOINTMENT ORDER ISSUED BY THE PETITIONER TO THE 6TH RESPONDENT DATED 01-06-2011.

EXT P5 : TRUE COPY OF THE ORDER NO.G4/4835/12/DPI/K.DIS DATED OF THE DPI DATED 12-07-2012 EXT P6 : TRUE COPY OF THE LIST OF ORDER NO.USLPS 4/12-13 DATED 1607-2012 ISSUED BY THE PETITIONER. EXT P7 : TRUE COPY OF THE ORDER NO.D.DIS.B 3155/2014 DATED 25-072014. EXT P8 : TRUE COPY OF THE APPEAL DATED 16-09-2014 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

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

A.MUHAMED MUSTAQUE, J.

========================= W.P(C).No.2232 of 2015 ============================ Dated this the 22nd day of January, 2015

JUDGMENT

Petitioner is the Manager of an aided School. Petitioner appointed respondents 4, 5 and 6 as LPSAs in the School. Petitioner submitted proposal for approval before the third respondent produced as Ext.P6. No approval was granted so far. Petitioner also have further grievance in the matter. Ext.P7 is the staff fixation order for the year 2014-2015. Petitioner submits that no sufficient post was sanctioned in spite of sufficient students available in the school. Petitioner challenging Ext.P7 staff fixation order preferred Ext.P8 appeal before the second respondent on 16.09.2014. Petitioner submits that the above appeal is also pending. Petitioner approached this Court for a direction to the third respondent to approve the appointment of teachers appointed as per Ext.P6. In the facts and circumstances, the Writ Petition is disposed of as follows:

(i) There shall be a direction to the third respondent to dispose of Ext.P6 proposal within a period of two months after affording an opportunity of hearing to the petitioner if the proposal has not been already disposed of.

W.P(C).No.2232 of 2015 (ii) There shall also be a direction to the second respondent to dispose of Ext.P8 appeal within a period of six weeks after hearing the petitioner.

Sd/- A.MUHAMED MUSTAQUE, JUDGE.

Sbna/22/01/15