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High Court of KeralaWP(C)/10478/2015disposed of

P.Soumya v. The State Of Kerala

2015-04-09Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE THURSDAY, THE 9TH DAY OF APRIL 2015/19TH CHAITHRA, 1937 WP(C).No. 10478 of 2015 (H) ---------------------------- PETITIONER:

-------------------------- P.SOUMYA, AGED 31 YEARS WIFE OF RANJITH, PART-TIME SANSKRIT TEACHER VANMUKAM KODIKKAL A.M.U.P. SCHOOL, P.O.KADALOOR KOZHIKODE DISTRICT.

BY ADVS.SRI.V.A.MUHAMMED SRI.M.SAJJAD RESPONDENTS:-:

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

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

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

3. THE ASSISTANT EDUCATIONAL OFFICER, MELADI, P.O.MELADI, KOZHIKODE DISTRICT - 673 531.

4. THE MANAGER, VANMUKAM KODIKKAL A.M.U.P. SCHOOL, P.O.KADALOOR KOZHIKODE DISTRICT - 673 531.

R1 TO R3 BY SR.GOVERNMENT PLEADER SRI.V.VIJULAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 10478 of 2015 (H) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1.

TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 03.06.2013.

EXHIBIT P2.

TRUE COPY OF THE STAFF FIXATION ORDER 2010-11 DATED 06.08.2010 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P3.

TRUE COPY OF THE STAFF FIXATION ORDER 2013-14 DATED 13.05.2014 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P3(A). TRUE COPY OF THE STAFF FIXATION ORDER 2014-15 DATED 15.07.2014 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P4.

TRUE COPY OF THE APPEAL PETITION FILED BEFORE THE 2ND RESPONDENT DATED 15.10.2014.

EXHIBIT P5.

TRUE COPY OF THE ORDER NO.G(3)88125/2014/DPI/L.DIS DATED 05.02.2015 OF THE 2ND RESPONDENT.

EXHIBIT P6.

TRUE COPY OF THE REVISION PETITION FILED BEFORE THE 1ST RESPONDENT DATED 20.02.2015.

RESPONDENT(S)' EXHIBITS : NIL --------------------------------------- \\ TRUE COPY \\ PA TO JUDGE jm/

A.MUHAMED MUSTAQUE, J.

-------------------------------------------- W.P.(C).No.10478 of 2015 ---------------------------------------------------- Dated this the 9th day of April,2015

J U D G M E N T

------------------------- The petitioner was appointed as full time Sanskarit teacher in Vanmukam Kodikkal AMUP School, Kadaloor Kozhikode. The above post was sanctioned by the Government. However the above sanctioning appears to have been proposed to be cancelled. A communication has been issued by the Director of Public Instructions to the Assistant Educational Officer in this regard. It appears that on account of the pendency of the decision for cancellation, approval has not been granted to the petitioner. It is to be noted that the petitioner was appointed in the year 2013. 2.

The petitioner has approached the Government by Ext.P6. Since Ext.P6 is pending before the 1st respondent, the 1st respondent shall take appropriate decision within a period of two months after hearing the petitioner. The approval of the appointment of the petitioner would depend upon the decision regarding the sanctioning of posts. The

W.P.(C).No.10478 of 2014 petitioner shall produce the copy of the writ petition along with the copy of the judgment before the 1st respondent for compliance.

The writ petition is disposed of as above.

Sd/ A.MUHAMED MUSTAQUE, JUDGE jm/