High Court of KeralaWP(C)/16558/2015disposed of

Manager, Kunnamangalam Alp School, v. State Of Kerala

2015-07-13Honourable 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 13TH DAY OF JULY 2015/22ND ASHADHA, 1937 WP(C).No. 16558 of 2015 (T) -------------------------------------- PETITIONER(S):

-------------------------- MANAGER, KUNNAMANGALAM ALP SCHOOL, AGED 59 YEARS PO.KUNNAMANGALAM, KOZHIKODE 673 571.

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

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

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

2. DISTRICT EDUCATIONAL OFFICER THAMARASSERY, KOZHIKODE

3. ASSISTANT EDUCATIONAL OFFICER KUNNAMANGALAM, KOZHIKODE

4. REENA T.K LPSA, KUNNAMANGALAM AUP SCHOOL, PO.KUNNAMANGALAM KOZHIKODE 673 571.

R BY GOVERNMENT PLEADER, SMT. M.J. RAJASREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 16558 of 2015 (T) ------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1TRUE COPY OF THE APPOINTMENT ORDER DATED 2.6.14 EXT.P2A COPY OF THE REJECTION ORDER DATED 26.2.2015 ISSUED BY THE 3RD RESPONDENT EXT.P3A COPY OF THE INTERIM ORDER IN WA NO.812/2015 DATED 9.4.2015 EXT.P4A COPY OF THE INTERIM ORDER IN WPC NO.708/15 DATED 9.1.2015 EXT.P5TRUE COPY OF THE APPEAL DATED 23.3.2015 IS SUBMITTED BY THE PETITONER RESPONDENT(S)' EXHIBITS --------------------------------------- nil // True copy // das PA to Judge

A.K.JAYASANKARAN NAMBIAR, J.

=========================================== W.P.(C). No. 16558 of 2015 ===================================================== Dated this the 13th day of July, 2015

JUDGMENT

The petitioner is the Manager of the school. By an order dated 02.06.2014, he had appointed the 4th respondent as an LPSA in the school. When the letter of appointment was forwarded to the 3rd respondent, the 3rd respondent denied approval to the appointment by Ext.P2 order. It is submitted that, against Ext.P2 order, the petitioner has preferred Ext.P5 appeal before the 2nd respondent. The grievance in the writ petition is with regard to the non-consideration of Ext.P5 appeal by the 2nd respondent, despite the lapse of considerable time.

I have heard the learned counsel appearing for the petitioner as also the learned Government Pleader appearing for 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 2nd respondent to consider and pass orders on Ext.P5 appeal, within a period of one month from the date of receipt of a copy of this judgment, after hearing the

-2W.P.(C). No. 16558 of 2015 petitioner and the 4th respondent. The petitioner shall produce a copy of the writ petition together with a copy of this judgment before the 2nd respondent, for further action. Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE das