High Court of KeralaWP(C)/20274/2015disposed of

M.Sankar v. State Of Kerala

2015-07-07Honourable 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 7TH DAY OF JULY 2015/16TH ASHADHA, 1937 WP(C).No. 20274 of 2015 (H) ---------------------------- PETITIONER(S)/PETITIONERS:-:

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1. M.SANKAR, AGED 30 YEARS U.P.S.A, HIGHER SECONDARY SCHOOL, VALAYANCHIRANGARA PERUMBAVOOR, ERNAKULAM DISTRICT.

2. JINITHA A.M.

U.P.S.A, HIGHER SECONDARY SCHOOL, VALAYANCHIRANGARA PERUMBAVOOR, ERNAKULAM DISTRICT.

BY ADVS.SRI.K.JAJU BABU (SR.) SMT.M.U.VIJAYALAKSHMI RESPONDENT(S)/RESPONDENTS:-:

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

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

3. THE DISTRICT EDUCATIONAL OFFICER KOTHAMANGALAM - 686 666.

4. THE MANAGER HIGHER SECONDARY SCHOOL, VALAYANCHIRANGARA PERUMBAVOOR, ERNAKULAM DISTRICT - 683 556.

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

WP(C).No. 20274 of 2015 (H) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1. COPY OF THE APPOINTMENT ORDER DATED 14.06.2006 APPOINTING THE 1ST PETITIONER TO THT POST OF UPPER PRIMARY SCHOOL ASSISTANT IN THE 4TH RESPONDENT SCHOOL.

EXHIBIT P2. COPY OF THE APPOINTMENT ORDER DATED 14.06.2006 APPOINTING THE 2ND PETITIONER TO THE POST OF UPPER PRIMARY SCHOOL ASSISTANT IN THE 4TH RESPONDENT SCHOOL.

EXHIBIT P3. COPY OF THE ORDER NO.B4/844/2010 DATED 14.05.2010 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P4. COPY OF THE ORDER NO.B4/1490/2010 DATED 28.06.2010 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P5. COPY OF THE REPRESENTATION DATED 29.06.2012 PREFERRED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT.

EXHIBIT P6. COPY OF THE COMMUNICATION NO.EC2/55953/12/DPI DATED 07.09.2012 ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT. RESPONDENT(S)' EXHIBITS:

NIL --------------------------------------- //TRUE COPY//

A.K.JAYASANKARAN NAMBIAR, J.

------------------------------- W.P.(C).NO.20274 OF 2015 (H) ----------------------------------- Dated this the 7th day of July, 2015

J U D G M E N T

Aggrieved by the action of the respondents in approving the appointment of the petitioners as Upper Primary School Assistants only from a date subsequent to the date of appointment, the petitioners have preferred Ext.P5 representation 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.P5 representation, expeditiously, after hearing the petitioners.

2. I have heard the learned counsel for the petitioners 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.P5 representation, after hearing the petitioners, within a period of one month from the date of receipt of a copy this judgment. The

W.P.(C).No.20274/2015 petitioners shall produce a copy of the writ petition along with a copy of this judgment, before the 1st respondent, for further action. A.K.JAYASANKARAN NAMBIAR JUDGE prp