High Court of KeralaWP(C)/11526/2015disposed of

Sabreena T. v. State Of Kerala

2015-04-08Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE 8TH DAY OF APRIL 2015/18TH CHAITHRA, 1937 WP(C).No. 11526 of 2015 (M) ---------------------------- PETITIONER:

---------- SABREENA T., AGED 34 YEARS UPPER PRIMARY SCHOOL ASSISTANT (UNAPPROVED), BEM UPPER PRIMARY SCHOOL, FEROKE, CALICUT DISTRICT. BY ADVS.SRI.POOVAMULLE PARAMBIL ABDULKAREEM SRI.K.N.KUMARASWAMY SARMA RESPONDENTS:

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

1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM- 695001.

2. THE DIRECTOR OF PUBLIC INSTRUCTION, OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM-695001.

3. THE DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, KANNUR-670001.

4. THE ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, KANNUR NORTH, KANNR DISTRICT-670001.

5. THE CORPORATE MANAGER, CISI SCHOOLS IN MALABAR & WYNAD, KOZHIKODE- 673001.

6. THE ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, FEROKE, KOZHIKODE DISTRICT-673 631. R BY SENIOR GOVERNMENT PLEADER SRI. V.VIJULAL. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 11526 of 2015 (M) APPENDIX PETITIONER(S)'S EXHIBITS:

---------------------- EXHIBIT P1: TRUE COPY OF THE APPOINTMENT ORDER DATED 13/7/2011 ISSUED BY THE 5TH RESPONDENT.

EXHIBIT P2: TRUE COPY OF THE PROCEEDINGS NO.B 3384/12 DATED 30/4/2012 OF THE 4TH RESPONDENT.

EXHIBIT P3: TRUE COPY OF THE ORDER NO.B6/6705/12/K.DIS. DATED 17/1/2013 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P4: TRUE COPY OF THE REVISION PETITION DATED 20/3/2013 SUBMITTED BY THE 5TH RESPONDENT BEFORE THE 2ND RESPONDENT. EXHIBIT P5: TRUE COPY OF THE REVISION PETITION DATED 10/3/2015 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXHIBIT P6: TRUE COPY OF THE ORDER NO.CM/CSI/75/13(16) DATED 12/7/2013 ISSUED BY THE 5TH RESPONDENT.

RESPONDENT'S EXHIBITS: NIL ---------------------- TRUE COPY PA TO JUDGE Scl.

A.MUHAMED MUSTAQUE, J.

------------------------------------- W.P.(C) No.11526 of 2015 ------------------------------ Dated this the 8th day of April, 2015.

JUDGMENT

The petitioner was appointed as UPSA at BEM Upper Primary School, Feroke. Her proposal of appointment has been rejected by Ext.P2. The manager moved before the Director of Public Instruction by Ext.P4 to take up the appeal by condoning the delay. The petitioner approached the Government by Ext.P5. I am of the view that appropriate decision shall be taken by the Government, after hearing the petitioner and the manager within a period of four months. In view of the above direction, the Director of Public Instruction shall drop all further proceedings pursuant to Ext.P4. The petitioner shall produce copies of the writ petition along with the judgment before the first respondent for compliance. Sd/- A.MUHAMED MUSTAQUE JUDGE Scl.