High Court of KeralaWP(C)/11347/2015disposed of

Nisreen Abdul Kader v. The State Of Kerala

2015-04-07Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 7TH DAY OF APRIL 2015/17TH CHAITHRA, 1937 WP(C).No. 11347 of 2015 (P) ---------------------------- PETITIONER(S):

-------------- NISREEN ABDUL KADER AGED 33 YEARS W/O P.V. NAWFEL HIGH SCHOOL ASSISTANT(ENGLISH) GIRLS HIGH SCHOOL PONNANI, MALAPPURAM 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 INSTRUCTION JAGATHY, THIRUVANANTHAPURAM-695-014

3. THE DEPUTY DIRECTOR OF EDUCATION DOWN HILL, MALAPPURAM -676 519

4. THE DISTRICT EDUCATIONAL OFFICER TIRUR, MALAPPURAM DISTRICT 676 101

5. SHRI.P. PRADEEP HIGH SCHOOL ASSISTANT (ENGLISH), GIRLS HIGH SCHOOL PONNANI, MALAPPURAM DISTRICT-676 101 R BY GOVERNMENT PLEADER: ADV. SRI.M A FAYAZ SR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 11347 of 2015 (P) APPENDIX PETITIONER(S)' EXHIBITS :

------------------------ EXT.P1 TRUE COPY OF THE STAFF FIXATION ORDER 2013-2014 DATED 14/05/2014 OF THE 4TH RESPONDENT EXPT.P2 TRUE COPY OF THE STAFF FIXATION ORDER 2014-2015 DATED 15/07/2014 OF THE 4TH RESPONDENT EXT.P3 TRUE COPY OF THE G.O.(MS) NO 187/03/G.EDN. DATED 16/7/2003 OF THE GOVERNMENT EXT.P4 TRUE COPY OF THE G.O.(MS)NO.300/03/G.EDN. DATED 1/11/2013 OF THE GOVERNMENT EXT.P5 TRUE COPY OF G.O(MS) NO. 144/2005/GE DATED 7/5/2005 OF THE GOVERNMENT EXTP6. TRUE COPY OF THE REVISION PETITION FILED BEFORE THE 2ND RESPONDENT DATED 11-8-2014 EXT.P7 TRUE COPY OF THE ORDER NO.RA(3)/62241/2014/DPI/K.DIS. DATED 11/12/2014 OF THE DIRECTOR EXT.P8 TRUE COPY OF THE REVISION PETITION FILED BEFORE THE GOVERNMENT DATED 20/02/2015 EXT.P9 TRUE COPY OF THE G.O.(P) NO.154/2014/G.EDN. DATED 11/08/2014 OF THE GOVERNMENT RESPONDENT(S)' EXHIBITS:NIL -------------------------- True Copy/ P A to Judge

A.MUHAMED MUSTAQUE, J.

========================= W.P(C).No.11347 of 2015 ============================ Dated this the 07th day of April, 2015

JUDGMENT

Petitioner approached the Government by Ext.P8 challenging Ext.P7 order passed by the Director of Public Instruction. Petitioner submits that she is senior to the 5th respondent in the category of H.S.A (English) and therefore, she should be retained in the school in the place of 5th respondent. 2.

In view of pendency of Ext.P8 before the Government, I am of the view, appropriate decision shall be taken on Ext.P8 after hearing the petitioner and 5th respondent within a period of four months from the date of receipt of a copy of this judgment. The Writ Petition is disposed of. No costs.

Sd/- A.MUHAMED MUSTAQUE, JUDGE.

Sbna/07/04/15