← Library
High Court of KeralaWP(C)/3092/2015disposed of

K.Juncy Simon v. The State Of Kerala

2015-01-30Honourable Mr. Justice A.Muhamed Mustaque4 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. 3092 of 2015 (J) --------------------------- PETITIONER(S):

------------ K.JUNCY SIMON, AGED 25 YEARS, W/O.C.P.SEBU, LOWER PRIMARY SCHOOL ASSISTANT, ADLP SCHOOL, KORANHIYOOR, POST EDAKKAZHIYOOR, CHAVAKKAD, THRISSUR DISTRICT.

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 DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM-695 014.

3. THE DEPUTY DIRECTOR OF EDUCATION, THRISSUR AT AYYANTHOLE-680 003.

4. THE ASSISTANT EDUCATIONAL OFFICER, CHAVAKKAD, THRISSUR DISTRICT-680 506.

5. THE MANAGER, A.D.L.P.SCHOOL, KORANHIYOOR, EDAKKAZHIYOOR, CHAVAKKAD SUB DISTRICT, THRISSUR DISTRICT-680 515.

BY SENOR GOVERNMENT PLEADER SRI.V.VIJULAL.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

rvs.

WP(C).No. 3092 of 2015 (J) APPENDIX PETITIONER(S)' EXHIBITS :

----------------------- EXT.P1.

TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 11/12/2012.

EXT.P2.

TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 3/6/2013.

EXT.P3.

TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 5/12/2012.

EXT.P4.

TRUE COPY OF THE ORDER NO.D/2888/14/K.DIS DATED 14/10/2014 OF THE 4TH RESPONDENT.

EXT.P5.

TRUE COPY OF THE APPEAL FILED BEFORE THE 2ND RESPONDENT DATED 20/11/2014 BY THE MANAGER.

EXT.P6.

TRUE COPY OF THE ORDER NO.D/1622/14/K.DIS DATED 11/11/2014 OF THE 4TH RESPONDENT.

EXT.P7.

TRUE COPY OF THE PETITION FILED BEFORE THE 2ND RESPONDENT DATED 15/12/2014 BY THE MANAGER.

RESPONDENT(S)' EXHIBITS :

----------------------- NIL.

/TRUE COPY/ P.A.TO JUDGE RVS.

A.MUHAMED MUSTAQUE, J.

***************************************************** W.P.(C) No.3092 of 2015 ***************************************************** Dated this the 30th day of January, 2015

JUDGMENT

The petitioner was appointed as LPSA with effect from 11.12.2012 in the vacancy occurred on account of the death of Smt.N.R.Bindu, LPSA of an aided school. The petitioner's appointment was approved on daily wage basis upto 31.3.2013. Thereafter, the petitioner was again appointed on 3.6.2013 onwards in the very same vacancy and forwarded proposal for approval. True copy of the reappointment order is Ext.P2. Challenging the approval on daily wages, the petitioner preferred a Revision Petition by Ext.P5 before the Director of Public Instructions.

The petitioner's reappointment also has been rejected. Challenging the above, the petitioner has also preferred Ext.P7 before the Director of Public Instructions.

W.P.(C) No.3092 of 2015 2 In view of the above, there shall be a direction to the second respondent to consider Exts.P5 and P7 after affording an opportunity of hearing to the petitioner and the Manager within a period of three 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