High Court of KeralaWP(C)/20397/2015disposed of

Anuja Gilbert 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. 20397 of 2015 (Y) ----------------------------------------- PETITIONER(S):

-------------------------- ANUJA GILBERT AGED 37 YEARS, W/O. BINOY JACOB NJARACKALODIYIL HOUSE, PAIPPAD PO, CHANGANASSERRY, KOTAYAM - 686 537 (LOWER PRIMARY SCHOOL ASSISTANT, EVANGELISTIC ASSOCIATION LOWER PRIMARY SCHOOL (EA LPS), THEVERKAD) BY ADV. SRI.S.SUBHASH CHAND RESPONDENT(S):

---------------------------- 1.

THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001 2.

THE DIRECTR OF PUBLIC INSTRUCTION, OFFICEW OF THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM - 695 001 3.

DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, THIRUVALLA - 689 101 4.

THE ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, PULLAD - 689 001 5.

THE CORPORATE MANAGER, MARTHOMA AND EVANGELISTIC ASSOCIATION (MT & EA) SCHOOLS, THIRUVALLA, PATHANAMTHITTA - 689 1010 R BY GOVERNMENT PLEADER, SMT. LOUSY A.

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. 20397 of 2015 (Y) ----------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT-P1:

TRUE COPY OF THE APPOINTMENT ORDER DATED 12.09.2011 ISSUED BY RESPONDENT No.5 EXHIBIT-P2:

TRUE COPY OF THE ORDER DATED 30.12.2011 PASSED BY RESPONDENT No.,4 EXHIBIT-P3:

TRUE COPY OF THE GOVERNMENT ORDER BEARING GO(P) No.199/2011/G.EDN, DATED 01.10.2011.

EXHIBIT-P4: TRUE COPY OF THE APPEAL DATED 30.01.2012 SUBMITTED BEFORE RESPONDENT NO.3 EXHIBIT-P5:

TRUE COPY OF THE ORDER DATED 06.09.2012 PASSED BY RESPONDENT NO.3 EXHIBIT-P6:

TRUE COPY OF THE JUDGMENT DATED 19.06.2015 PASSED BY THIS HON'BLE COURT IN WP(C) No.18455 OF 2015(F) EXHIBIT-P7:

TRUE COPY OF THE JUDGMENT DATED 19.06.2015 PASSED BY THIS HON'BLE COURT IN WP(C) No.18477/2015 (H) EXHIBIT-P8:

TRUE COPY OF THE STATUTORY REVISION PETITION DATED 06.05.2015 (WITHOUT ANNEXURES) RESPONDENT(S)' EXHIBITS --------------------------------------- nil // True copy // das PA to Judge

A.K.JAYASANKARAN NAMBIAR, J.

=========================================== W.P.(C). No. 20397 of 2015 ===================================================== Dated this the 7th day of July, 2015

JUDGMENT

Aggrieved by the denial of approval to her appointment as LPSA, the petitioner has preferred Ext.P8 revision petition before the 1st respondent. It is stated by the learned counsel for the petitioner that, on identical issues, this Court by Exts.P6 and P7 judgment, has already directed the 1st respondent to consider the revision petitions of other LPSAs. It is therefore, prayed that the 1st respondent may be directed to consider the present revision alongwith the revisions, that were directed to be considered in Exts.P6 and P7 judgment and pass an order, expeditiously, thereon.

2. I have heard Sri.Subhash Chand, the learned counsel appearing for the petitioner and also the learned Government Pleader appearing for the respondents.

On a consideration of the facts and circumstances of the case and the submission 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, filed by the petitioner, at the earliest, at any rate, within a period of two months from the date of receipt of a copy of this judgment, after hearing the petitioner and the

-2W.P.(C). No. 20397 of 2015 Manager. Inasmuch as by Exts.P6 and P7 judgments, I have already directed the 1st respondent to pass orders on revision petitions filed by other LPSAs under the same management, the 1st respondent could consider this revision petition along with others and pass orders thereon. The 1st respondent shall pass orders, after hearing the petitioner as well as the Manager, and shall take note of Ext.P3 Government Order while passing orders as directed in this judgment.

Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE das