High Court of KeralaWP(C)/9369/2015disposed of

P.S.Viji v. State Of Kerala

2015-03-24Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 24TH DAY OF MARCH 2015/3RD CHAITHRA, 1937 WP(C).No. 9369 of 2015 (U) --------------------------- PETITIONER:

------------------ P.S.VIJI, AGED 33 YEARS, W/O.MADHANA MOHAN, UPPER PRIMARY SCHOOL ASSISTANT, DHARMA VEEDU M NARAYANAN NAIR MEMORIAL HIGHER SECONDARY SCHOOL, MARANALLOOR, NEYYATTINKARA EDUCATION DISTRICT, THIRUVANANTHAPURAM DISTRICT.

BY ADVS.SRI.V.A.MUHAMMED SRI.M.SAJJAD RESPONDENT(S):

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

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 DEPUTY DIRECTOR OF EDUCATION, THIRUVANANTHAPURAM - 695 014.

4. THE DISTRICT EDUCATIONAL OFFICER, NEYYATTINKARA, THIRUVANANTHAPURAM - 695 121.

5. THE MANAGER, DHARMA VEEDU M NARAYANAN NAIR MEMORIAL HIGHER SECONDARY SCHOOL, MARANALLOOR, NEYYATTINKARA EDUCATION DISTRICT, THIRUVANANTHAPURAM DISTRICT - 695 121.

R1 TO R4 BY SENIOR GOVERNMENT PLEADER SRI.M.A.FAYAZ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 9369 of 2015 (U) -------------------------------------- APPENDIX PETITIONER'S EXHIBITS:

------------------------------------ EXHIBIT P1 :

TRUE COPY OF THE APPOINTMENT ORDER DATED 1.6.2005 AND APPROVAL THEREOF DATED 28.3.2006.

EXHIBIT P2 :

TRUE COPY OF THE APPOINTMENT ORDER DATED 16.9.2008 AND APPROVAL THEREOF DATED 16.1.2009.

EXHIBIT P3 :

TRUE COPY OF THE ORDER NO.B3/10300/11 K.DIS. DATED 9.12.2011 OF THE 4TH RESPONDENT.

EXHIBIT P4 :

TRUE COPY OF THE G.O.(MS).NO.275/99/G.EDN. DATED 9.11.1999 OF THE GOVERNMENT.

EXHIBIT P5 :

TRUE COPY OF THE ORDER NO.ET4/23504/13/DPI/K.DIS. DATED 20.8.2013 OF THE ADDL. DIRECTOR.

EXHIBIT P6 :

TRUE COPY OF THE G.O.(RT)NO.4574/2014/G.EDN. DATED 28.10.2014 OF THE GOVERNMENT.

EXHIBIT P7 :

TRUE COPY OF THE APPOINTMENT ORDER DATED 2.2.2012 AND APPROVAL THEREOF DATED 31.1.2015.

EXHIBIT P8 :

TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE GOVERNMENT DATED 28.2.2015.

RESPONDENT'S EXHIBITS:

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

A.MUHAMED MUSTAQUE, J.

~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C).No.9369 of 2015 ~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 24th day of March, 2015

J U D G M E N T

The petitioner has approached the Government by Ext.P8, aggrieved by the direction of the District Educational Officer limiting her appointment as Principal from 02/02/2012 to 31/03/2014. Petitioner submits that this is against the earlier order passed by the Government produced as Ext.P6 wherein it was ordered to approve the appointment of the petitioner from 02/02/2012 onwards in a regular vacancy. 2.

In view of the limited request made by the petitioner, there shall be a direction to the first respondent to consider Ext.P8 after hearing the petitioner and other affected parties within a period of four months.

The writ petition is disposed of as above No costs.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ms