High Court of KeralaWP(C)/15486/2015disposed of

Meenakumary L. v. Assistant Education Officer, Chavara

2015-05-26Honourable Dr. Justice A.K.Jayasankaran Nambiar4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR TUESDAY, THE 26TH DAY OF MAY 2015/5TH JYAISHTA, 1937 WP(C).No. 15486 of 2015 (I) ----------------------------------------- PETITIONER(S):

-------------------------- MEENAKUMARY L. AGED 48 YEARS W/O. JAYAKUMAR, RESIDING AT "JANARDHANAM", CHERUSSERI BHAGAM CHAVARA, KARUNAGAPPALLY TALUK KOLLAM DISTRICT, UP SCHOOL ASSISTANT, KHADIRAYYA UPS, KOTTUKADDU, MUKUNDHAPURAM BY ADVS.SRI.P.V.VENUGOPAL SRI.L.RAJESH NARAYAN RESPONDENT(S):

---------------------------- 1.

ASSISTANT EDUCATION OFFICER, OFFICE OF THE AEO AT CHAVARA PIN CODE 691 583 2.

KHADIRAYYA UPS, REPRESENTED BY ITS MANAGER, KOTTUKADU, MUKUNDAPURAM, PIN 691 585 3.

MOHAMMED KUNJU, MANAGER KHADIRAYYA UPS, KOTTUKADU MUKUNDAPURAM, PIN 691 585 4.

RAHUM BEEVI M., UP SCHOOL ASSISTANT KHADIRAYYA UPS, KOTTUKADU MUKUNDAPURAM, RESIDING AT CRESANT VILLA, MPLAEEKAL, THEVALAKKARA, PIN 691 585 R BY GOVERNMENT PLEADER, SMT. LOWSY A.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 15486 of 2015 (I) ----------------------------------------- APPENDIX PETITIONER'S EXHIBITS:

------------------------------------ EXHIBIT P1 COPY OF CERTIFICATE BEARING SL. NO.531/10 DATED 3.02.2010 IN FAVOUR OF THE PETITIONER.'

EXHIBIT P2 COPY OF CERTIFICATE BEARING SL. NO.532/10 DATED 03.02.2010 IN FAVOUR OF THE PETITIONER.

EXHIBIT P3 COPY OF ANSWER GIVEN BY DPI (DIRECTOR OF PUBLIC INSTRUCTIONS) VIDE BEARING NO.H(2)/48429/2014/DPI DATED 02.07.2014 TO THE QUESTION UNDER RIGHT TO INFORMATION. EXHIBIT P4 COPY OF ANSWER GIVEN BY DPI (DIRECTOR OF PUBLIC INSTRUCTIONS) VIDE BEARING NO.F/4/80603/2014/DPI/K DATED 17/11/2014 TO THE QUESTION UNDER RIGHT TO INFORMATION. EXHIBIT P5 COPY OF REPRESENTATION TO 2ND RESPONDENT DATED 22.05.2015. EXHIBIT P6 COPY OF REPRESENTATION 1ST RESPONDENT DATED 22.05.2015. RESPONDENT'S EXHIBITS :- ----------------------------------------- NIL // True copy // PA to Judge das

A.K.JAYASANKARAN NAMBIAR, J.

=========================================== W.P.(C). No. 15486 of 2015 ===================================================== Dated this the 26th day of May, 2015

JUDGMENT

The petitioner, who has a claim for promotion as Headmistress in the 2nd respondent School, apprehends that the 4th respondent may be appointed as Headmistress overlooking the superior claim of the petitioner. Highlighting her grievance in the matter, the petitioner has preferred Ext.P5 representation before the 3rd respondent. The limited prayer in the writ petition is for a direction to the 3rd respondent to consider and pass orders on Ext.P5 representation, within a stipulated time frame. 2.

I have heard the learned counsel appearing for the petitioner and also the learned Government Pleader appearing on behalf of the respondents.

On a consideration of the facts and circumstances of the case and the submissions made across the bar, I dispose the writ petition with a direction to the 3rd respondent to consider and pass orders on Ext.P5 representation preferred by the petitioner within a period of one month from the date of receipt of a copy of this

-2W.P.(C). No. 15486 of 2015 judgment, after hearing the petitioner. I make it clear that the 3rd respondent Manager shall effect appointments to the post of Headmistress, only after passing orders as directed above, on the representation preferred by the petitioner.

Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE das