High Court of KeralaWP(C)/8847/2015disposed of

Manager v. State Of Kerala

2015-03-20Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE FRIDAY, THE 20TH DAY OF MARCH 2015/29TH PHALGUNA, 1936 WP(C).No. 8847 of 2015 (E) --------------------------- PETITIONER:

------------------- MANAGER, H.N.C.K. A.U.P.SCHOOL KARASSERY, MUKKOM, KOZHIKODE-673 602.

BY ADVS.SRI.JIJI THOMAS SMT.SMITHA MATHEW SRI.P.R.ASHOK KUMAR RESPONDENT(S):

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

1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 303.

2. THE DISTRICT EDUCATIONAL OFFICER, THAMARASSERY, KOZHIKODE 673 573.

3. THE ASSISTANT EDUCATIONAL OFFICER, MUKKOM, KOZHIKODE - 673 602.

4. SHAHIR P.U., UPSA, H.N.C.K. A.U.P.SCHOOL, KARASSERY, MUKKOM, KOZHIKODE 673 602.

R1 TO R3 BY GOVERNMENT PLEADER SRI.M.A.FAYAZ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

vmr

WP(C).No. 8847 of 2015 (E) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1 - TRUE COPY OF THE APPOINTMENT ORDER DATED 28-11-2014. EXT.P2 - A COPY OF THE REJECTION ORDER DATED 10-09-2014 ISSUED BY THE 3RD RESPONDENT.

EXT.P3 - TRUE COPY OF THE G.O(P) 199/2011/G.EDN. DATED 1-10-2011. EXT.P4 - TRUE COPY OF THE G.O(P) 313/2013/G.EDN.DATED 29-11-2013, ISSUED BY THE GOVERNMENT.

EXT.P5 - TRUE COPY OF THE GOVERNMENT ORDER ISSUED ON 4-07-14 FOR STAFF FIXATION FOR 2014.

EXT.P6 - TRUE COPY OF THE CIRCULAR ISSUED BY THE D.P.I. DATED 10-07-2014. EXT.P7 -TRUE COPY OF THE INTERIM ORDER IN WPC.NO.19510/14 DATED 31-07-2014. EXT.P8 - TRUE COPY OF THE CIRCULAR DATED 26-08-14 ISSUED BY THE GOVERNMENT FOR STAFF FIXATION FOR 2014.

EXT.P9 - TRUE COPY OF THE INTERIM ORDER IN WPC.NO.708/2015 DATED 9-01-2015. EXT.P10- TRUE COPY OF THE APPEAL DATED 9-10-2014 ISSUED BY THE PETITIONER. RESPONDENT(S)' EXHIBITS :

NIL --------------------------------------- /TRUE COPY/ P.A.TO JUDGE vmr

A. MUHAMED MUSTAQUE, J.

= = = = = = = = = = = = = W.P.(C) No.8847 of 2015 = = = = = = = = = = = = = = Dated this the 20 th day of March, 2015

JUDGMENT

Petitioner is the Manager of H.N.C.A.U.P.School, Karassery, Kozhikode. The 4th respondent herein was appointed as a UPSA by the petitioner in his school in a retired vacancy. The said appointment was rejected by the AEO as per Ext.P2 order. As against Ext.P2 order of the AEO, the petitioner submitted Ext.P10 appeal before the 2nd respondent. No action has been taken by the 2nd respondent till date.

2. The short prayer of the petitioner is to direct the 2nd respondent to take expeditious decision on Ext.P10.

3. In the facts and circumstances, there shall be a direction to the 2nd respondent to consider and pass appropriate orders on Ext.P10, after affording an opportunity of hearing to the petitioner, within two months from the date of receipt of a copy of the judgment.

The writ petition is disposed of.

A. MUHAMED MUSTAQUE, JUDGE sj