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High Court of KeralaWP(C)/16077/2015disposed of

Vineetha Palodan v. The State Of Kerala

2015-06-01Honourable Dr. Justice A.K.Jayasankaran Nambiar4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR MONDAY, THE 1ST DAY OF JUNE 2015/11TH JYAISHTA, 1937 WP(C).No. 16077 of 2015 (H) ---------------------------- PETITIONER(S):

-------------------------- VINEETHA PALODAN, AGED 26 YEARS LPSA, POOMANGALAM U.P SCHOOL W/O. PRIYESH M.P., SOPANAM, CHERIYOOR P.O. KUTTIYERI - 670 141.

BY ADVS.SRI.P.SANKARANKUTTY NAIR SRI.K.SANDESH RAJA SRI.VENU MENON RESPONDENT(S):

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

1. THE STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY, GENERAL EDUCATION DEPARTMENT, TRIVANDRUM-1.

2. THE DISTRICT EDUCATIONAL OFFICER, TALIPARAMBA NORTH, KANNUR - 670 141.

3. THE ASSISTANT EDUCATIONAL OFFICER, TALIPARAMBA NORTH, KANNUR - 670 141.

4. THE MANAGER, POOMANGALAM AIDED U.P. SCHOOL, POOMANGALAM PANNIYUR P.O. - 670 142, KANNUR DISTRICT.

R BY GOVERNMENT PLEADER SMT.LOWSY.A.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 16077 of 2015 (H) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT-P1-TRUE COPY OF THE FORM 27 (SEE RULE XIV (A) 7) APPOINTMENT ORDER DATED 02/06/2014.

EXHIBIT-P1(A)-TRUE COPY OF THE COVERING LETTER NO. 1/14-15/AUPS DATED 02/06/2014 ISSUED TO THE 2ND RESPONDENT.

EXHIBIT-P2-TRUE COPY OF THE STAFF FIXATION ORDER NO. D.DIS/2236/2014 DATED 15/07/2014.

EXHIBIT-P3-TRUE COPY OF THE ORDER NO. C/1971/2014/K.DIS DATED 03/09/2014. EXHIBIT-P3(A)-TRUE COPY OF THE ENGLISH TRANSLATION OF EXHIBIT-P3 EXHIBIT-P4-TRUE COPY OF THE APPEAL DATED 30/09/2014. EXHIBIT-P5-TRUE COPY OF THE JUDGMENT DATED 25/11/2014 IN W.P(C0 31380/2014.

EXHIBIT-P6-TRUE COPY OF THE ORDER DATED 09/02/2015. EXHIBIT-P7-TRUE COPY OF THE REVISION PETITION FILED U/S 92 OF THE KER DATED NIL.

RESPONDENT(S)' EXHIBITS:

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

A.K.JAYASANKARAN NAMBIAR, J.

------------------------------- W.P.(C).NO.16077 OF 2015 (H) ----------------------------------- Dated this the 1st day of June, 2015

J U D G M E N T

The petitioner, who was appointed as Lower Primary School Assistant by Ext.P1 order, is aggrieved by the denial of approval to the appointment granted to her. The proceedings initiated before the educational authorities culminated in an order of the 2nd respondent dated 9.2.2015, wherein the 2nd respondent pointed out that the appeal preferred before the 2nd respondent could not be considered as the sanctioning of additional division for the year 2014-15 was within the domain of the Government. Pursuant to the said order of the 2nd respondent, the petitioner has moved the Government through Ext.P7 revision petition before the 1st respondent. The limited prayer of the petitioner in the writ petition is for a direction to the 1st respondent to consider and pass orders expeditiously on Ext.P7 revision petition and to permit the petitioner to continue in service on the strength of Ext.P5 judgment, that was passed in favour of the petitioner on an earlier occasion, till such time as orders are passed by the 1st respondent in Ext.P7 revision petition.

W.P.(C).No.16077/2015

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 1st respondent to consider and pass orders on Ext.P7 revision petition within a period of two months from the date of receipt of a copy of this judgment, after hearing the petitioner. I make it clear that till such time as orders are passed by the 1st respondent as directed above and communicated to the petitioner, the petitioner shall be permitted to continue in service on the strength of Ext.P5 judgment that was rendered on an earlier occasion. A.K.JAYASANKARAN NAMBIAR JUDGE prp