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High Court of KeralaWP(C)/3063/2015disposed of

N.Dipina v. The State Of Kerala

2015-01-30Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE FRIDAY, THE 30TH DAY OF JANUARY 2015/10TH MAGHA, 1936 WP(C).No. 3063 of 2015 (G) -------------------------------------- PETITIONER(S):

---------------------- N.DIPINA, AGED 21 YEARS W/O.SHIMJITH, LOWER PRIMARY SCHOOL ASSISTANT KARAYAD A.L.P.SCHOOL, POST KARAYAD, KOYILANDY, KOZHIKODE DISTRICT - 673 524.

BY ADVS.SRI.V.A.MUHAMMED SRI.V.RAJASEKHARAN NAIR RESPONDENT(S):

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

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

2. THE DISTRICT EDUCATIONAL OFFICER VADAKARA, KOZHIKODE DISTRICT - 673 101.

3. THE ASSISTANT EDUCATIONAL OFFICER KOYILANDY, KOZHIKODE DISTRICT - 673 305.

4. THE MANAGER KARAYAD, A.L.P.SCHOOL, POST KARAYAD KOYILANDY, KOZHIKODE DISTRICT - 673 524.

5. THE HEADMASTER KARAYAD A.L.P.SCHOOL, POST KARAYAD, KOYILANDY, KOZHIKODE DISTRICT - 673 524.

R1-3 BY SENIOR GOVERNMENT PLEADER SRI.M.A.FAYAZ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

PJ

WP(C).No. 3063 of 2015 (G) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P-1: TRUE COPY OF THE STAFF FIXATION ORDER 2010 - 2011 DATED 13.8.2010 EXT.P-2: TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 2.6.2014 EXT.P-3: TRUE COPY OF THE ORDER OF THE ASSISTANT EDUCATIONAL OFFICER DATED 16.9.2014 EXT.P-4: TRUE COPY OF THE APPEAL FILED BEFORE THE 2ND RESPONDENT BY THE MANAGER DATED 6.11.2014 RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

A.MUHAMED MUSTAQUE, J.

***************************************************** W.P.(C) No.3063 of 2015 ***************************************************** Dated this the 30th day of January, 2015

JUDGMENT

The petitioner was appointed as LPSA in an aided school with effect from 2.6.2014. The petitioner submits that the approval of appointment has been declined by the Assistant Educational Officer stating that the post is not available under 1:45 teacher students ratio. Ext.P3 is the order passed by the Assistant Educational Officer dated 16.9.2014. Challenging Ext.P3, the petitioner preferred Ext.P4 appeal before the District Educational Officer.

In view of the above, there shall be a direction to the second respondent to consider and pass appropriate orders on Ext.P4 after hearing the petitioner within a period of two months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ln