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High Court of KeralaWP(C)/5458/2015disposed of

P.Suja Jacob v. The State Of Kerala

2015-02-20Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE A.MUHAMED MUSTAQUE FRIDAY, THE 20TH DAY OF FEBRUARY 2015/1ST PHALGUNA, 1936 WP(C).No.5458 of 2015 (F) ------------------------------------- PETITIONER:

------------------- P.SUJA JACOB,AGED 42 YEARS, W/O.JOSE MATHEW,HIGH SCHOOL ASSISTANT (HINDI), CMS HIGH SCHOOL,KUMPALAMPOIKA, PATHANAMTHITTA DISTRICT.

BY ADVS.SRI.V.A.MUHAMMED SMT.P.A.JENZIA RESPONDENTS:

------------------------ 1.

THE STATE OF KERALA, REP. 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, PATHANAMTHITTA-689 582.

4.

THE DISTRICT EDUCATIONAL OFFICER, PATHANAMTHITTA-689 582.

5.

THE ASSISTANT EDUCATIONAL OFFICER, RANNI,PATHANAMTHITTA DISTRICT-689 672.

6.

THE CORPORATE MANAGER,CMS SCHOOLS, CATHEDRAL ROAD,KOTTAYAM-686 001.

7.

THE HEADMASTER,CMS HIGH SCHOOL, KUMPALAMPOIKA,PATHANAMTHITTA DISTRICT-689 661. R1 TO R5 BY SENIOR GOVT. PLEADER SRI.V.VIJULAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

pk

WP(C).No.5458 of 2015 (F) ------------------------------------ APPENDIX PETITIONER'S EXHIBITS:

------------------------------------ EXT P1:TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 1.2.2001.

EXT P2:TRUE COPY OF THE PROCEEDINGS OF THE MANAGER DATED 12.7.2001. EXT P3:TRUE COPY OF THE APPEAL FILED BEFORE THE DISTRICT EDUCATIONAL OFFICER DATED 11.4.2002.

EXT P4:TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 27.6.2002 AND APPROVAL THEREON.

EXT P5:TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 13.8.2005.

EXT P6:TRUE COPY OF THE PROCEEDINGS ORDER OF THE DISTRICT EDUCATIONAL OFFICER DATED 23.5.1009.

EXT P7:TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 2.1.2007.

EXT P8:TRUE COPY OF THE PROCEEDINGS OF THE MANAGER DATED 5.8.2010. EXT P9:TRUE COPY OF THE REVISION APPEAL FILED BEFORE THE GOVERNMENT DATED 14.10.2010 BY THE MANAGER.

EXT.P10:TRUE COPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT DATED 18.6.2010.

EXT.P11:TRUE COPY OF THE ORDER OF THE DISTRICT EDUCATIONAL OFFICER DATED 18.1.2012.

EXT.P12:TRUE COPY OF THE APPEAL FILED BEFORE THE DEPUTY DIRECTOR OF EDUCATION DATED 27.2.2012.

EXT.P12(a):TRUE COPY OF THE LETTER OF THE MANAGER DATED 1.6.2011. EXT.P13:TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 3.6.2013.

EXT.P14:TRUE COPY REPRESENTATION SUBMITTED BEFORE THE GOVERNMENT DATED 31.12.2014 BY THE PETITIONER. EXT.15:TRUE COPY OF THE SENIORITY LIST.

RESPONDENT'S EXHIBITS:

NIL --------------------------------------- //TRUE COPY// P.S. TO JUDGE pk

A.MUHAMED MUSTAQUE, J.

***************************************************** W.P.(C) No.5458 of 2015 ***************************************************** Dated this the 20th day of February, 2015

JUDGMENT

The petitioner approached the Government on account of non-approval of the period of his service. The above period is stated as follows:

a 16.7.2001 to 27.3.2002 CMS UPS LG PT Hindi Tr.

AEO Ranni Ranni b 28.7.2005 to 11.7.2006 CMS HS LG FT DEO Kumpalampoika Hindi Tr.

Pathanamthitta c 5.8.2008 to 31.5.2011 -do- -do- -dod 1.6.2011 to 31.5.2013 -doHSA (Hindi) -doe 3.6.2013 to 31.5.2015 -do- -do- -do2.

Ext.P14 is the consolidated revision petition before the Government. The petitioner seeks an early disposal of Ext.P14.

3.

The learned Government Pleader points out that certain approval was rejected in the years 2002 and 2006 and the petitioner has not chosen to challenge those rejection and therefore, the petitioner's claim for approval has become

W.P.(C) No.5458 of 2015 2 stale. It is also stated that the consolidated revision petition is also not maintainable.

I am of the view, these are all matters to be adverted by the Government while considering Ext.P14. Therefore, there shall be a direction to the first respondent to consider Ext.P14 after hearing the petitioner and the Manager within a period of four months.

The writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ln