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High Court of KeralaWP(C)/2260/2015disposed of

Sreeja E.V v. State Of Kerala

2015-01-22Honourable Mr. Justice A.Muhamed Mustaque3 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. 2260 of 2015 (F) --------------------------- PETITIONER(S):

-------------- SREEJA E.V AGED 35 YEARS D/O.A.G.VISWANADHAN NAIR, EDACKATTIL, VALLICHIRA P.O. ERATTUPETTA, KOTTAYAM DISTRICT PIN - 686 121. BY ADVS.SRI.M.RAJENDRAN NAIR SMT.M.SANTHY RESPONDENT(S):

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

1. STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO EDUCATION DEPARTMENT GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM. PIN - 695 001.

2. THE DEPUTY DIRECTOR OF EDUCATION KOTTAYAM DISTRICT --

3. THE DISTRICT EDUCATIONAL OFFICER KANJIRAPPALLY, KOTTAYAM DISTRICT -68661

4. THE MANAGER MUSLIM GIRLS HIGHER SECONDARY SCHOOL, ERATTUPETTA KOTTAYAM DISTRICT, PIN - 686 121.

5. V.M.MUHAMMED LAISAL HIGH SCHOOL ASSISTANT MUSLIM GIRLS HIGHER SECONDARY SCHOOL, ERATTUPETTA KOTTAYAMDISTRICT, PIN - 686 121.

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. 2260 of 2015 (F) APPENDIX PETITIONER(S)' EXHIBITS:

------------------------ EXT.P-1: THE TRUE COPY OF THE APPOINTMENT ORDER DATED 2.6.2014 EXT.P-2: THE TRUE COPY OF THE STATEMENT OF CHANGE OF STAFF DULY CERTIFIED BY THE MANAGER EXT.P-3: THE TRUE COPY OF THE ORDER OF THE DISTRICT EDUCATIONAL OFFICER DATED 29.10.2014 EXT.P-4:

A TRUE COPY OF THE GOVERNMENT ORDER G.O(P) NO.220/2005/EDN. DATED 19.7.2005 EXT.P-5: A TRUE COPY OF THE ORDER G.O(P) 165/2008 DATED 19.9.2008 EXT.P-6: THE TRUE COPY OF THE APPEAL PETITION DATED 10.11.2014 SUBMITTED BY THE PETITIONER RESPONDENT(S)' EXHIBITS:NIL True Copy/ P A to Judge

A.MUHAMED MUSTAQUE, J.

========================= W.P(C).No.2260 of 2015 ============================ Dated this the 22nd day of January, 2015

JUDGMENT

Petitioner was appointed as UPSA in an aided school under the management of the 4th respondent in a leave vacancy. Petitioner submits that thereafter, she was reappointed in regular vacancy in the year 2005. The Manager sought for approval of the appointment of the petitioner. This was rejected by the third respondent. It is submitted that in the place of petitioner, 5th respondent was appointed without hearing the petitioner. Challenging appointment of the 5th respondent and seeking approval of petitioner's appointment, he preferred Ext.P6 appeal before the Deputy Director of Education, Kottayam/second respondent. Aggrieved by nonconsideration of Ext.P6 appeal by the second respondent, petitioner filed this Writ Petition.

2.

In view of the limited request for early disposal of Ext.P6, there shall be a direction to the second respondent to dispose of Ext.P6 within a period of two months after affording an opportunity of hearing to the petitioner and respondents 4 and 5. The Writ Petition is disposed of.

Sd/- A.MUHAMED MUSTAQUE, JUDGE.

Sbna/23/01/15