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High Court of KeralaWP(C)/18028/2015disposed of

P.Aseena v. The State Of Kerala

2015-06-16Honourable Dr. Justice A.K.Jayasankaran Nambiar4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR TUESDAY, THE 16TH DAY OF JUNE 2015/26TH JYAISHTA, 1937 WP(C).No. 18028 of 2015 (C) ---------------------------- PETITIONER(S):

-------------------------- P.ASEENA, AGED 28 YEARS W/O MOHAMMED MUSTAFA, LOWER PRIMARY SCHOOL ASSISTANT B.T.M.A.M. U.P. SCHOOL, PENGAD P.O. PUTHUKODE, MALAPPURAM DISTRICT-673633.

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

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

1. THE STATE OF KERALA REPRRESENTED BY ITS SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

2. THE DIRECTOR OF PUBLIC INSTRUCTIONS JAGATHY, THIRUVANANTHAPURAM-695014.

3. THE DISTRICT EDUCATIONAL OFFICER DOWN HILL, MALAPPURAM DISTRICT-676519.

4. THE ASSISTANT EDUCATIONAL OFFICER KONDOTTY, MALAPPURAM DISTRICT-673638.

5. THE MANAGER B.T.M.A.M. U.P. SCHOOL, PENGAD P.O. PUTHUKODE MALAPPURAM DISTRICT-673633.

R BY GOVERNMENT PLEADER SMT.M.J.RAJASREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 18028 of 2015 (C) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1: TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 1.6.2009 AND APPROVAL THEREON.

EXHIBIT P2: TRUE COPY OF THE ORDER NO.D/7404/2011/L.DIS. DATED 8.5.2012 OF THE 4TH RESPONDENT.

EXHIBIT P3: TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 4.6.2012.

EXHIBIT P4: TRUE COPY OF THE ORDER NO.K.DIS. F/3841/2012 DATED 8.5.2013 OF THE 4TH RESPONDENT.

EXHIBIT P5: TRUE COPY OF THE ORDER NO.B1/4242/2013/K.DIS. DATED 3.12.2013 OF THE 3RD RESPONDENT.

EXHIBIT P6: TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT DATED 7.2.2015.

EXHIBIT P7: TRUE COPY OF THE ORDER NO.F/1452/15(2)/L.DIS. DATED 14.5.2015 OF THE 4TH RESPONDENT APPOINTMENT ORDER DATED 4.6.2012 AND APPROVAL THEREON.

EXHIBIT P8: TRUE COPY OF THE STAFF FIXATION ORDER DATED 16.7.2014 OF THE 4TH RESPONDENT.

EXHIBIT P9: TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT DATED 29.5.2015.

EXHIBIT P10: TRUE COPY OF THE STAFF FIXATION ORDER 2010-2011 DATED 13.8.2010 OF THE 4TH RESPONDENT.

EXHIBHIT P11: TRUE COPY OF THE ORDER IN W.A.NO.812/2015 DATED 9.4.2015 OF THIS HON'BLE COURT.

EXHIBIT P12: TRUE COPY OF THE REVISION PETITION FILED BEFORE THE GOVERNMENT DATED 6.6.2015 WITHOUT EXHIBIT.

RESPONDENT(S)' EXHIBITS:

NIL.

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

A.K.JAYASANKARAN NAMBIAR, J.

------------------------------- W.P.(C).NO.18028 OF 2015 (C) ----------------------------------- Dated this the 16th day of June, 2015

J U D G M E N T

The petitioner, who was appointed as Lower Primary School Assistant in BTM A.M.U.P. School, Pengad, is aggrieved by the denial of approval to the said appointment. The proceedings before the Departmental authorities have now reached the stage where Ext.P12 revision preferred by the petitioner is pending consideration 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 on Ext.P12 revision, after hearing the petitioner, within a stipulated time frame.

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

W.P.(C).No.18028/2015 Ext.P12 revision within a period of two months from the date of receipt of a copy of this judgment, after hearing the petitioner. The petitioner shall produce a copy of the writ petition as also a copy of this judgment before the 1st respondent, for further action. A.K.JAYASANKARAN NAMBIAR JUDGE prp