High Court of KeralaWP(C)/16396/2015disposed of

Jalaja P.Nair v. State Of Kerala

2015-06-05Honourable Dr. Justice A.K.Jayasankaran Nambiar5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR FRIDAY, THE 5TH DAY OF JUNE 2015/15TH JYAISHTA, 1937 WP(C).No. 16396 of 2015 (Y) ---------------------------- PETITIONER:

---------- JALAJA P.NAIR AGED 48 YEARS WIFE OF V.G. AYYAPPAN PILLAI, HEADMISTRESS, THALAPANANGAD LP SCHOOL, MUNDANCAVU CHENGANNUR 689121 ALAPPUZHA DISTRICT BY ADVS.SRI.V.A.MUHAMMED SRI.V.RAJASEKHARAN NAIR RESPONDENTS:

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

2. THE DIRECTOR OF PUBLIC INSTRUCTIONS JAGATHY, THIRUVANANTHAPURAM 695014

3. THE DISTRICT EDUCATIONAL OFFICER MAVELIKKARA, ALAPPUZHA DISTRICT 690 101

4. THE ASSISTANT EDUCATIONAL OFFICER CHENGANNUR, ALAPPUZHA DISTRICT 689 121

5. THE MANAGER THALAPANNAGAND LP SCHOOL, MUNDANCAVU CHENGANNUR 689121, ALAPPUZHA DISTRICT

6. SMT. SUBY T. VARGHESE LOWER PRIMARY SCHOOL MUNDANCAVU, CHENGANNUR 689121 ALAPPUZHA DISTRICT BY GOVERNMENT PLEADER: SMT.A.LOWSY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 16396 of 2015 (Y) ---------------------------- APPENDIX PETITIONER'S EXHIBITS --------------------- EXHIBIT P1: TRUE COPY OF THE APPOINTMNET ORDER OF THE PETIIONERS DATED 25.10.2013 EXHIBIT P2:TRUE COPY OF THE ORDER NO.G/2911/2013 DATED 20.2.2013 OF THE 4TH RESPONDENT EXHIBIT P3:TRUE COPY OF THE APPEAL PETITION SUBMITTED BY THE MANAGER OF THE SCHOOL DATED 18.1.2014 EXHIBIT P4:TRUE COPY OF THE JUDGMENT IN WPC NO.60/2014 -F DATED 20.3.2015 EXHIBIT P5: TRUE COPY OF THE ORDER NO. B1/2386/2015 DATED 21.5.2015 OF THE 3RD RESPONDENT EXHIBIT P6: TRUE COPY OF THE JUDGMENT IN OP (KAT) NO. 131/2015-Z DATED 10.04.2015 EXHIBIT P7: TRUE COPY OF THE REVISION PETITION SUBMITTED BEFORE THE GOVERNMENT DATED 30.5.2015, WITHOUT EXHIBIT EXHIBIT P8: TRUE COPY OF THE LETTER OF THE GOVERNMENT DATED 29.5.2015 - RESPONDENT(S)' EXHIBITS : NIL ----------------------- //TRUE COPY// PA TO JUDGE rsr

A.K.JAYASANKARAN NAMBIAR. J.

-------------------------------------- ---------------------------------------------- Dated this the 5th day of June, 2015

JUDGMENT

The petitioner, who is working as LPSA in the L.P.School, Thalapanangad, was promoted as Headmistress on 24/10/2013 in a vacancy that arose on the death of the previous incumbent. Pursuant to a denial of approval to the said appointment of the petitioner, the petitioner has moved the Educational Authorities. By an order dated 21/05/2015, the DEO directed the AEO to promote and appoint the 6th respondent as Headmistress. Aggrieved by the said order of the the DEO, the petitioner has preferred Ext. P7 revision before the 1st respondent. In the writ petition, the limited prayer of the petitioner is for a direction to the 1st respondent to consider and pass appropriate orders on Ext.P7 within a specified time frame and to direct the 5th respondent not to make any appointment to the post of Headmistress in the meanwhile.

I have heard the learned Counsel for the petitioner as also the learned Government Pleader for the respondents.

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On a consideration of facts and circumstances of the case as also the submissions made across the bar, I direct the 1st respondent to consider and pass orders on Ext. P7 revision petition filed by the petitioner within a period of one month from the date of receipt of a copy of this judgment, after hearing the petitioner. Taking note of the contentions of the petitioner in the revision petition, I direct that the operation of Exts.P2 and P5 shall be kept in abeyance till such time as orders are passed by the 1st respondent, as directed, and communicated to the petitioner. The writ petition is disposed as above.

Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE rsr

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