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High Court of KeralaWP(C)/17200/2015disposed of

O.Mini v. The State Of Kerala

2015-06-09Honourable Dr. Justice A.K.Jayasankaran Nambiar3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR TUESDAY, THE 9TH DAY OF JUNE 2015/19TH JYAISHTA, 1937 WP(C).No. 17200 of 2015 (Y) -------------------------------------------- PETITIONER(S):

-------------------------- O.MINI AGED 41 YEARS W/O.B.HARIKUMAR, HIGH SCHOOL ASSISTANT (HINDI) DEVI VILASAM HIGH SCHOOL, KANDANKARY PO, THAYAMKARY ALAPPUZHA DISTRICT.

BY ADVS.SRI.V.A.MUHAMMED SRI.V.RAJASEKHARAN NAIR RESPONDENT(S):

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

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

2. THE DIRECTOR OF PUBLIC INSTRUCTIONS JAGATHY, THIRUVANANTHAPURAM-695 014.

3. THE DEPUTY DIRECTOR OF EDUCATION, ALAPPUZHA DISTRICT-688 001.

4. THE DISTRICT EDUCATIONAL OFFICER, KUTTANAD AT RAMANKARY, ALAPPUZHA-689 595.

5. THE MANAGER DEVI VILASAM HIGH SCHOOL, KANDANKARY PO, THAYAMKARY ALAPPUZHA-689 573.

R BY GOVERNMENT PLEADER, SMT. M.J. RAJASREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 17200 of 2015 (Y) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT. P1 :

TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 17-10-2013.

EXT. P2 :

TRUE COPY OF THE ORDER NO.B2/17871/2014/L.DIS DATED 1-1-2015 OF THE 3RD RESPONDENT.

EXT. P3 :

TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT DATED 9-4-2015.

EXT. P4 :

TRUE COPY OF THE CIRCULAR NO.58604/J2/12/G.EDN DATED 6-112012 OF THE GOVERNMENT. EXT. P5 :

TRUE COPY OF THE STAFF FIXATION ORDER 2010-2011 OF THE 4TH RESPONDENT.

EXT. P6 :

TRUE COPY OF THE ORDER IN WA.NO.812/2015 DATED 9-4-2015 OF THIS HON'BLE COURT.

EXT. P7 :

TRUE COPY OF THE CIRCULAR NO.13402/J2/12/G.EDN DATED 10-52012 OF THE GOVERNMENT. EXT. P8 :

TRUE COPY OF THE REVISION PETITION FILED BEFORE THE GOVERNMENT DATED 30-5-2015 WITHOUT EXHIBITS.

EXT. P9 :

TRUE COPY OF THE CIRCULAR NO.49275/J2/14/G.EDN DATED 29-8-2014 OF THE GOVERNMENT.

EXT. P10 :

TRUE COPY OF THE ORDER OF THE ADDL.DIRECTOR OF PUBLIC INSTRUCTION DATED 5-2-2015.

RESPONDENT(S)' EXHIBITS --------------------------------------- NIL // True copy // PA to Judge das

A.K.JAYASANKARAN NAMBIAR, J.

=========================================== W.P.(C). No. 17200 of 2015 ===================================================== Dated this the 9th day of June, 2015

JUDGMENT

The petitioner, who was appointed as HSA (Hindi) with effect from 17.10.2013, is aggrieved by the denial of approval to the appointment of the petitioner with effect from that date, as the approval granted was only with effect from a subsequent date, and that too on daily wage basis. Highlighting her grievance, the petitioner has preferred Ext.P8 revision petition before the 1st respondent and the limited prayer in the writ petition is for a direction to the 1st respondent to consider and pass orders on Ext.P8 revision petition, after hearing the petitioner. 2.

I have heard the learned counsel appearing for the petitioner and the learned Government Pleader 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 1st respondent to consider and pass orders on Ext.P8 revision petition, after hearing the petitioner, within a period of two months from the date of receipt of a copy of this judgment.

Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE das