High Court of KeralaWP(C)/3268/2015disposed of

The Manager,Senior Basic School v. The Director Of Public Instructions

2015-02-03Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 3RD DAY OF FEBRUARY 2015/14TH MAGHA, 1936 WP(C).No. 3268 of 2015 (G) --------------------------- PETITIONER(S):

--------------- THE MANAGER,SENIOR BASIC SCHOOL, AGED 54 YEARS PATHIRIPALA, PALAKKAD DISTRICT BY ADVS.SRI.SAJAN VARGHEESE K.

SRI.LIJU. M.P RESPONDENT(S):

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

1. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM 695 001

2. THE DEPUTY DIRECTOR OF EDUCATION, PALAKKAD 678001

3. THE ASSISTANT EDUCATIONAL OFFICER OTTAPPALAM , PALAKKAD DISTRICT 678 101 R BY GOVERNMENT PLEADER SRI.V.VIJULAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 3268 of 2015 (G) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------- P1- TRUE COPY OF THE GO(P) NO.124/2014/G/EDN. DATED 4.7.2014 P2- TRUE COPY OF THE ORDER NO. D/1625/2013/K.DIS. DATED 12.6.2014 ISSUED BY THE RESPONDENT NO.3 P3- TRUE COPY OF THE STAFF FIXATION ORDER NO. D.DIS/D/2050/2014 DATED 15.7.2014 PASSED BY THE RESPONDENT NO.3 P4- TRUE COPY OF THE ORDER DATED 9.12.2014 PASSED BY THE RESPONDENT NO.2 P5- TRUE COPY OF THE REVISION PETITION SUBMITTED BEFORE THE RESPONDENT NO.1 P6- TRUE COPY OF THE POSTAL RECEIPT GOT ISSUED ON SENDING EXT- P5 RESPONDENT(S)' EXHIBITS ------------------------ : NIL /TRUE COPY/ P.S. TO JUDGE.

A.MUHAMED MUSTAQUE, J.

- - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 3268 OF 2015 - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of February, 2015

JUDGMENT

The petitioner is the Manager of Senior Basic School (SBS), Pathiripala in Ottappalam Educational District. The petitioner appointed one Bareeramol in a retirement vacancy of one Nafeesa P., who retired as L.G. Urdu teacher. Petitioner submitted that in the Government Order GO(P) No.124/2014/G.Edn.dated 4/7/2014 it was specifically ordered that all posts and divisions existing during 2010 - 11 would be continued in 2013 - 14 also. It is further submitted that there are sufficient students strength to maintain a Lower Grade Urdu Teacher. However, the authorities declined to approve the appointment. Ext.P2 is the rejection order. Ext.P3 is the staff fixation order in respect of that post. The petitioner -manager preferred Ext.P5 revision before the 1st respondentDirector of Public Instructions.

2. I am of the opinion that since the matter is pending

W.P.(c).No.3268 of 2015 : 2 :

before the higher authority-Director of Public Instructions, an appropriate decision shall be taken on Ext.P5, after hearing the petitioner and other affected parties, 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.

dpk /true copy/ P.S to Judge