High Court of KeralaWP(C)/5625/2015disposed of

Nini P.Varkey v. The State Of Kerala

2015-02-23Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE MONDAY, THE 23RD DAY OF FEBRUARY 2015/4TH PHALGUNA, 1936 WP(C).No. 5625 of 2015 (C) -------------------------------------- PETITIONER(S):

----------------------- NINI P. VARKEY, AGED 32 YEARS, WIFE OF ABHILASH JOHN, LOWER PRIMARY SCHOOL ASSISTANT, HOLY FAMILY L.P.SCHOOL, SOUTH PARUR - 682 320. BY ADVS.SRI.V.A.MUHAMMED SRI.V.RAJASEKHARAN NAIR RESPONDENT(S):

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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 ASSISTANT EDUCATIONAL OFFICER, TRIPUNITHURA, ERNAKULAM DISTRICT - 682301.

4. THE CORPORATE OFFICER, ARCH DIOCESAN CORPORATE EDUCATIONAL AGENCY, RENEWAL CENTRE, KALOOR, COCHIN - 682 017.

5. THE HEADMASTER, HOLY FAMILY L.P. SCHOOL, SOUTH PARUR - 682 320, ERNAKULAM DISTRICT.

R1 TO R3 BY SENIOR GOVERNMENT PLEADER M.A.FAYAZ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: msv/

WP(C).No. 5625 of 2015 (C) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT. P1: TRUE COPY OF THE APPROVED APPOINTMENT ORDER OF THE PETITIONER DATED 28/6/2005.

EXT. P2: TRUE COPY OF THE ORDER OF THE DEPUTY DIRECTOR OF EDUCAITION, ERNAKULAM DATED 31/12/2009.

EXT. P3: TRUE COPY OF THE ORDER OF THE ASSISTANT EDUCATIONAL OFFICER DATED 7/1/2010.

EXT. P4: TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT DATED 3/12/2013. EXT. P5: TRUE COPY OF THE ORDER OF THE MANANGER DATED 2/12/2013. EXT. P6: TRUE COPY OF THE LETTER UNDER RIT ACT BY THE 3RD RESPONDENT DATED 23/5/2014.

EXT. P7: TRUE COPY OF THE REVISION PETITION FILED BEFORE THE 2ND RESPONDENT DATED 8/8/2014, WITHOUT ANNEXURES. EXT. P8: TRUE COPY OF THE HEARING NOTE SUBMITTED BEFORE THE 2ND RESPONDENT, WITHOUT ANNEXURES.

EXT. P9: TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT DATED 13/1/2015. EXT. P10: TRUE COPY OF THE REVISION PETITION FILED BEFORE THE GOVERNMENT DATED 7/2/2015.

RESPONDENT(S)' EXHIBITS:

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

A.MUHAMED MUSTAQUE, J.

***************************************************** W.P.(C) No.5625 of 2015 ***************************************************** Dated this the 23rd day of February, 2015

JUDGMENT

The petitioner approached the first respondent by Ext.P10 Revision Petition. The grievance of the petitioner is that even though the Director of Public Instructions has passed Ext.P9 order to include her in the teachers package, no action has been taken by the Assistant Educational Officer, Tripunithura to implement Ext.P9 order. The petitioner submits that even though she was directed to be included in the teachers package, the Director of Public Instructions while passing the order, did not order payment of salary from December, 2013 onwards.

In view of the pendency of the above, an appropriate decision shall be taken by the first respondent on Ext.P10 in respect of the salary claimed by the petitioner from December, 2013 onwards within a period of four months after hearing the petitioner. The writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ln