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High Court of KeralaWP(C)/3578/2015disposed of

Varsha Manoharan v. The State Of Kerala

2015-02-04Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE 4TH DAY OF FEBRUARY 2015/15TH MAGHA, 1936 WP(C).No. 3578 of 2015 (V) --------------------------- PETITIONER(S):

-------------------------- VARSHA MANOHARAN, D/O.K.I.MANOHARAN, AGED 24 YEARS, LOWER PRIMARY SCHOOL ASSISTANT, D.M.L.P. SCHOOL, POTTUCHIRA, THRISSUR DISTRICT, (RESIDING AT KALAPPURAYIL HOUSE, ETTUMUNA P.O., KARUVANNUR, THRISSUR DISTRICT). BY ADVS.SRI.V.A.MUHAMMED, SRI.M.SAJJAD.

RESPONDENTS:- ------------------------

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

2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, THIRUVANANTHAPURAM - 695 014.

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

4. THE DISTRICT EDUCATIONAL OFFICER, THRISSUR DISTRICT - 680 001.

5. THE ASSISTANT EDUCATIONAL OFFICER, CHERPU, THRISSUR DISTRICT - 680 561.

6. THE MANAGER, D.M.L.P. SCHOOL, POTTUCHIRA, P.O. KARIVANNUR THRISSUR DISTRICT - 680 711.

R1 TO R5 BY SR. GOVT. PLEADER SRI.V. VIJULAL. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

rs.

WP(C).No. 3578 of 2015 (V) APPENDIX PETITIONER'S EXHIBITS:- EXHIBIT P1. TRUE COPY OF THE APPOINTMENT ORDER DATED 01.06.2011 OF THE PETITIONER.

EXHIBIT P2. TRUE COPY OF THE ORDER NO.D-1728/11/K.DIS DATED 07.03.2012 OF THE 5TH RESPONDENT.

EXHIBIT P3. TRUE COPY OF THE LETTER NO.B1-1915/2010 DATED 30.03.2012 OF THE 4TH RESPONDENT.

EXHIBIT P4. TRUE COPY OF THE LETTER NO.D-1321/2012 DATED 29.06.2012 OF THE 5TH RESPONDENT.

EXHIBIT P5. TRUE COPY OF THE REVISION PETITION BEFORE THE 2ND RESPONDENT BY THE MANAGER.

EXHIBIT P6. TRUE COPY OF THE ORDER NO.F2-78818/2012/K.DIS DATED 25.02.2013 OF THE 2ND RESPONDENT.

EXHIBIT P7. TRUE COPY OF THE REVISION PETITION BEFORE THE GOVERNMENT DATED 10.04.2013 BY THE MANAGER.

EXHIBIT P8. TRUE COPY OF THE STAFF FIXATION ORDER FOR THE YEAR 2013-14 DATED 15.05.2014.

EXHIBIT P9. TRUE COPY OF THE STAFF FIXATION ORDER FOR THE YEAR 2014-15 DATED 14.07.2014.

RESPONDENT'S EXHIBITS:- NIL.

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

A.MUHAMED MUSTAQUE, J.

***************************************************** W.P.(C) No.3578 of 2015 ***************************************************** Dated this the 4th day of February, 2015

JUDGMENT

The petitioner was appointed as LPSA in an aided school in the promotion vacancy as per Ext.P1. Approval to the appointment of the petitioner was declined by the Assistant Educational Officer. Thereafter, in appeal, the District Educational Officer allowed the petitioner's claim on daily wages. Aggrieved by the order, the Manager approached the Director seeking approval in the scale of pay. This was rejected as per Ext.P6. Challenging Ext.P6 order, the Manager preferred Ext.P7 Revision Petition before the Government. In view of the limited request made by the petitioner before this Court, there shall be a direction to the first respondent to consider and pass appropriate orders on Ext.P7 after hearing the petitioner and the Manager within a period of four 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