High Court of KeralaWP(C)/13255/2015disposed of

Manager v. State Of Kerala

2015-05-29Honourable Dr. Justice A.K.Jayasankaran Nambiar4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR FRIDAY, THE 29TH DAY OF MAY 2015/8TH JYAISHTA, 1937 WP(C).NO. 13255 OF 2015 (F) ---------------------------- PETITIONER(S):

-------------- MANAGER, KALLAMALA A.U.P.SCHOOL CHOMBALA, KOZHIKODE.

BY ADVS.SRI.JIJI THOMAS SMT.SMITHA MATHEW SRI.P.R.ASHOK KUMAR RESPONDENT(S):

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

1. STATE OF KERALA REPRESENTED BY THE SECRETARY GENERAL EDUCATION DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM-695 303.

2. THE DISTRICT EDUCATIONAL OFFICER VADAKARA, KOZHIKODE 673 001

3. SHIJI V., LPSA KALLAMLA A.U.P. SCHOOL, CHOMBALA, KOZHIKODE 673001. BY GOVERNMENT PLEADER SMT.LOWSY.A THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).NO. 13255 OF 2015 (F) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

----------------------- EXT.P1 - TRUE COPY OF THE APPOINTMENT ORDER DATED 3/6/2013 EXT.P2 - A COPY OF THE REJECTION ORDER DATED 25/11/2014 ISSUED BY THE AEO EXT.P3 - A COPY OF THE INTERIM ORDER IN W.A.812/2015 DATED 9/4/2015 EXT.P4 - TRUE COPY OF THE INTERIM ORDER IN WPC.NO.708/2015 DATED 9/1/2015 EXT.P5 - A COPY OF THE APPEAL DATED 27/12/2014 SUBMITTED BEFORE THE 2ND RESPONDENT RESPONDENT(S)' EXHIBITS:NIL ------------------------- //TRUE COPY// P.A TO JUDGE

A.K.JAYASANKARAN NAMBIAR, J.

............................................................. W.P.(C).No.13255 of 2015 ............................................................. Dated this the 29th day of May, 2015 J U D G M E N T The petitioner is the Manager of the Kallamala A.U.P.School, Kozhikode. In connection with the approval of the appointment of the 3rd respondent as U.P.S.A in the School, the application submitted by the Manager for approval was rejected by the Assistant Educational Officer due to non-implementation of staff fixation for the year 2011-2012. In a further appeal preferred by the petitioner, the District Educational Officer also rejected the request for approval. Against Ext.P2 order of the District Educational Officer, therefore, the petitioner has preferred an appeal before the 2nd respondent and the limited prayer of the petitioner in the writ petition is for a direction to the 2nd respondent to consider and pass orders on Ext.P5 appeal.

2. I have heard the learned counsel for the petitioner as also the learned Government Pleader for the respondents. On a consideration of the facts and circumstances of the case as also the submissions made across the bar, I dispose the writ

W.P.(C).No.13255 of 2015 petition with a direction to the 2nd respondent to consider and pass orders on Ext.P5 appeal, after hearing the petitioner within a period of two months from the date of receipt of a copy of this judgment.

A.K.JAYASANKARAN NAMBIAR JUDGE mns