High Court of KeralaWP(C)/11886/2015disposed of

Geetha K.A. v. State Of Kerala

2015-04-09Honourable Mr. Justice A.Muhamed Mustaque3 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. 11886 of 2015 (I) ---------------------------- PETITIONER(S):

-------------- GEETHA K.A. AGED 47 YEARS KUTTAMPARAMBATH HOUSE, THAMBAMKADAVU PO THALIKULAM 680569 BY ADVS.SRI.M.R.ANISON SMT.P.A.RINUSA RESPONDENT(S):

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

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

2. THE DIRECTOR OF PUBLIC INSTRUCTION THIRUVANANTHAPURAM

3. THE DISTRICT EDUCATIONAL OFFICER CHAVAKKAD, THRISSUR DISTRICT

4. THE ASSISTANT EDUCATIONAL OFFICER VALAPPAD 680567

5. THE MANAGER AIDED MAPPILA UPPER PRIMARY SCHOOL, THALIKULAM THALIKULAM PO, PIN 680569

6. T.R.ANEESHA PART TIME SANSKRIT TEACHER AIDED MAPPILA UPPER PRIMARY SCHOOL, THALIKULAM THALIKULAM PO, PIN 680569

7. IC.RAMACHANDRAN UPPER PRIMARY SCHOOL ASSISTANT AIDED MAPPILA UPPER PRIMARY SCHOOL, THALIKULAM THALIKULAM PO, PIN 680569 R BY GOVERNMENT PLEADER(SR): ADV.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. 11886 of 2015 (I) APPENDIX PETITIONER(S)' EXHIBITS :

----------------------- EXT P1:A TRUE COPY OF THE GO (MS) NO.92/88/G.EDN. DATED 02.05.1988 EXT P2:TRUE COPY OF THE PETITIONER'S APPOINTMENT AS ON 07.01.1997 ISSUED BY THE 5TH RESPONDENT EXT P3:TRUE COPY OF THE STAFF STATEMENT OF THE SCHOOL AS ON 07.10.2013 PREPARED BY THE HEADMISTRESS OF THE SCHOOL EXT P4:TRUE COPY OF APPOINTMENT ORDER DATED 07.10.2013 ISSUED BY THE 5TH RESPONDENT EXT P5:A TRUE COPY OF THE ORDER NO.1508/2014 DATED 07.07.2014 ISSUED BY THE 4TH RESPONDENT EXT P6:A TRUE COPY OF THE RELINQUISHMENT LETTER DATED 31.03.1999 ALLEGEDLY SUBMITTED BY THE PETITIONER EXT P7:TRUE COPY OF THE ORDER NO.B 17044/14/K.DIS DATED 19.12.2014 ISSUED BY THE 3RD RESPONDENT EXT P8:A TRUE COPY OF THE REVISION PETITION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 12.03.2015 EXT P9:A TRUE COPY OF THE LETTER NO.15754/E2/2015/G.EDN. DATED 25.03.2015 ISSUED BY THE 1ST RESPONDENT RESPONDENT(S)' EXHIBITS:NIL True Copy/ P A to Judge

A.MUHAMED MUSTAQUE, J.

========================= W.P(C).No.11886 of 2015 ============================ Dated this the 09th day of April, 2015

JUDGMENT

Petitioner challenging Exts.P5 and P7 approached the Government by Ext.P8 revision. Petitioner filed this Writ Petition aggrieved by return of revision by the first respondent directing the petitioner to exhaust the procedures under Rule 8A of Chapter XIV of the Kerala Education Rules.

Learned counsel for the petitioner submits that Rule 8A is not applicable in this matter as petitioner is a 51A claimant and submits that revision under Rule 92 of Chapter XIVA of the KER is maintainable.

Government has power to interfere with any order passed by any subordinate Educational Officer. In that view of the matter, Ext.P9 is set aside. Government is directed to reconsider Ext.P8 revision after affording an opportunity of hearing to the petitioner and party respondent within a period of three months from the date of receipt of a copy of this judgment. Petitioner shall thereafter resubmit revision petition along with judgment before the first respondent for compliance.

The Writ Petition is disposed of. No costs.

Sd/- A.MUHAMED MUSTAQUE, JUDGE.

Sbna/10/04/15