Bvoby Thomas v. The State Of Kerala

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. 15996 of 2015 (Y) ---------------------------- PETITIONER(S):

-------------------------- BOBY THOMAS, AGED 40 YEARS W/O.C.A.JOHN, CHENNATTU NEDIYAKALAYIL, VADASSERIKKARA P.O., PATHANAMTHITTA - 689662 (UPPER PRIMARY SCHOOL ASSISTANT, TTTM (TT THOMAS MEMORIAL), VOCATIONAL HIGHER SECONDARY SCHOOL, VADASSERIKKARA).

BY ADV. SRI.S.SUBHASH CHAND RESPONDENT(S):

---------------------------- 1.THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.

2.THE DIRECTOR OF PUBLIC INSTRUCTIONS, OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM 695001. 3.THE DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, PATHANAMTHITTA. 4.THE MANAGER, TT THOMAS MEMORIAL VOCATIONAL HIGHER SECONDARY SCHOOL (TTTMVHSS), VADASSERIKKARA P.O., PATHANAMTHITTA.

R BY GOVERNMENT PLEADER SMT.M.J.RAJASREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P.(C).NO.15996/2015 APPENDIX PETITIONER'S EXHIBITS:

EXT.P1: COPY OF THE APPROVED APPOINTMENT ORDER DATED 15.9.1999 ISSUED BY RESPONDENT NO.4 AND APPROVED BY RESPONDENT NO.3. EXT.P2: COPY OF THE APPROVED APPOINTED ORDER DATED 28.1.2000 ISSUED BY RESPONDENT NO.4 AND APPROVED BY RESPONDENT NO.3. EXT.P3: COPY OF THE APPROVED APPOINTED ORDER DATED 9.1.2001 ISSUED BY RESPONDENT NO.4 AND APPROVED BY RESPONDENT NO.3. EXT.P4: COPY OF THE APPROVED APPOINTMENT ORDER DATED 6.6.2001 ISSUED BY RESPONDENT NO.4 AND APPROVED BY RESPONDENT NO.3. EXT.P5: COPY OF THE APPOINTMENT ORDER DATED 16.7.2004 ISSUED BY RESPONDENT NO.4.

EXT.P6: COPY OF THE APPOINTMENT ORDER DATED 1.11.2004 ISSUED BY RESPONDENT NO.4.

EXT.P7: COPY OF THE ORDER DATED 3.3.2008 PASSED BY RESPONDENT NO.3. EXT.P8: COPY OF THE APPROVED APPOINTMENT ORDER DATED 7.9.2005 ISUSED BY RESPONDENT NO.4 AND APPROVED BY RESPONDENT NO.3. EXT.P9: COPY OF THE APPROVED APPOINTMENT ORDERS DATED 5.6.2006 ISSUED BY RESPONDENT NO.4 AND APPROVED BY RESPONDENT NO.3. EXT.P10: COPY OF THE APPOINTMENT ORDER DATED 1.6.2011 ISSUED BY RESPONDENT NO.4.

EXT.P10(A): COPY OF THE ORDER BEARING NO.B3/4352/12/K.DIS. DATED 23.12.2014 PASSED BY RESPONDENT NO.3.

EXT.P11:

COPY OF THE GOVERNMENT ORDER BEARING GO(P) NO.199/2011/G.EDN. DATED 1.6.2011.

EXT.P12:

COPY OF THE GOVERNMENT CIRCULAR BEARING NO.31904/J2/12/G.EDN. DATED 6.6.2012.

EXT.P13:

COPY OF THE GOVERNMENT ORDER BEARING GO(P) NO.124/2014/G.EDN. DATED 4.7.2014.

EXT.P14:

COPY OF THE GOVERNMENT ORDER BEARING GO(P) NO.278/2014/G.EDN. DATED 23.12.2014.

W.P.(C).NO.15996/2015 EXT.P15: COPY OF THE CIRCULAR DATED 1.8.2014 ISSUED BY RESPONDENT NO.2.

EXT.P16: COPY OF THE STATUTORY REVISION PETITION SUBMITTED BY THE PETITIONER BEFORE RESPONDENT NO.2.

RESPONDENTS EXHIBITS: NIL.

//TRUE COPY// P.S. TO JUDGE

A.K.JAYASANKARAN NAMBIAR, J.

------------------------------- W.P.(C).NO.15996 OF 2015 (Y) ----------------------------------- Dated this the 29th day of May, 2015

J U D G M E N T

The petitioner, who is presently working as an Upper Primary School Assistant in TTTM Vocational Higher Secondary School, Vadasserikkara, is aggrieved by the limits imposed while approving the appointment order issued to her. In the writ petition, it is stated that against Ext.P10 approval order, the petitioner has preferred Ext.P16 revision before the 2nd respondent and the prayer in the writ petition is for a direction to the 2nd respondent to consider and pass orders on Ext.P16 revision, after hearing the petitioner.

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 petition with a direction to the 2nd respondent to consider and pass orders on Ext.P16 revision, after hearing the petitioner, within a period of two

W.P.(C).No.15996/2015 months from the date of receipt of a copy of this judgment. While passing orders as directed above, the 2nd respondent shall also take note of Exts.P11 to P15 Government Orders.

A.K.JAYASANKARAN NAMBIAR JUDGE prp