Geetha K.A. v. The Assistant Educational Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE 4TH DAY OF FEBRUARY 2015/15TH MAGHA, 1936 WP(C).No. 13024 of 2014 (C) ---------------------------- PETITIONER(S):

------------- GEETHA K.A.

KUTTAMPARAMBATH HOUSE, THAMBAMKADAVU P.O.

THALIKULAM-680569.

BY ADVS.SRI.M.R.ANISON SMT.T.B.REMANI SMT.K.P.GEETHA MANI SMT.P.A.RINUSA RESPONDENT(S):

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

1. THE ASSISTANT EDUCATIONAL OFFICER VALAPPAD-680567.

2. THE MANAGER AIDED MAPPILA UPPER PRIMARY SCHOOL, THALIKULAM THALIKULAM P.O., PIN-680569.

3. T.R.ANEESHA PART TIME SANSKRIT TEACHER AIDED MAPPILA UPPER PRIMARY SCHOOL, THALIKULAM THALIKULAM P.O., PIN-680569.

4. I.C.RAMACHANDRAN UPPER PRIMARY SCHOOL ASSISTANT AIDED MAPPILA UPPER PRIMARY SCHOOL, THALIKULAM THALIKULAM P.O., PIN-680569.

* 5. THE DISTRICT EDUCATIONAL OFFICER CHAVAKKAD, THRISSUR DISTRICT-680 506 (* - ADDL.5TH RESPONDENT IS IMPLEADED VIDE ORDER IN I.A.NO.16655 OF 2014 DATED 04.02.2015) R2 & 4 BY ADV. SRI.RAJIT R3 BY ADV. SRI.BABU KARUKAPADATH R3 BY ADV. SMT.M.A.VAHEEDA BABU R3 BY ADV. SRI.K.A.NOUSHAD R3 BY ADV. SRI.P.U.VINOD KUMAR R3 BY ADV. SRI.KANDAMPULLY RAHUL R3 BY ADV. SRI.MITHUN BABY JOHN R3 BY ADV. SRI.J.RAMKUMAR R BY GOVERNMENT PLEADER: SRI S JAMAL SR.

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 13024 of 2014 (C) APPENDIX PETITIONER(S)' EXHIBITS:

----------------------- EXHIBIT P1- TRUE COPY OF THE G.O.(MS)92/88/G.EDN DATED 02-05-1988. EXHIBIT P2- TRUE COPY OF THE APPOINTMENT ORDER DATED 07-01-1997 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P3- TRUE COPY OF THE STAFF STATEMENT OF THE SCHOOL AS ON 0710-2013 PREPARED BY THE HEADMISTRESS OF THE SCHOOL. EXHIBIT P4- TRUE COPY OF THE APPOINTMENT ORDER DATED 07-10-2013 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P5- TRUE COPY OF REPRESENTATION DATED 18-03-2014 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

EXHIBIT P6- TRUE COPY OF THE REPRESENTATION DATED 21-04-2014 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXHIBIT P7- TRUE COPY OF THE ORDER NO.G-1508/2014 DATED 07.07.2014 ISSUED BY the 1st RESPONDENT EXHIBIT P8- TRUE COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE ADDL.5TH RESPONDENT DATED 22.08.2014 RESPONDENT(S)' EXHIBITS:

EXHIBIT R3(a):

A TRUE COPY OF THE ORDER DATED 07/07/2014 OF THE ASSISTANT EDUCATIONAL OFFICER, VALAPPAD REJECTING the CLAIM OF the PETITIONER IN EXTS.P5 AND P6.

True Copy/ P A to Judge

A.MUHAMED MUSTAQUE, J.

========================= W.P(C).No.13024 of 2014 ============================ Dated this the 04th day of February, 2015

JUDGMENT

Petitioner is Rule 51A claimant in the second respondent school. Petitioner was appointed in a leave vacancy from 07.01.1997 to 25.03.1997 which was approved by the first respondent. However, ignoring petitioner's claim, Manager appointed respondents 3 and 4 in the regular vacancies. When petitioner was appointed in the leave vacancy of the third respondent, she came to know that regular appointments were effected in the second respondent school ignoring her preferential right. Petitioner challenged approval granted to the appointments of respondents 3 and 4 before the District Education Officer by Ext.P8. Only request made by the petitioner is for an early disposal of Ext.P8 by the additional 5th respondent.

2.

Considering the facts and circumstances, there shall be a direction to the additional 5th respondent to dispose of Ext.P8 after hearing the petitioner and respondents 2 to 4 within a period of six weeks from the date of receipt of a copy of this judgment. The Writ Petition is disposed of.

Sd/- A.MUHAMED MUSTAQUE, JUDGE.

Sbna/06/02/15