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High Court of KeralaWP(C)/30758/2015disposed of

Shyni P v. The State Of Kerala

2015-10-09Honourable Mr. Justice Anil K.Narendran4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN FRIDAY, THE 9TH DAY OF OCTOBER 2015/17TH ASWINA, 1937 WP(C).No. 30758 of 2015 (T) ---------------------------- PETITIONER:

------------------ SHYNI P., AGED 37 YEARS LPSA (LEAVE SUBSTITUTE), PERAMBRA AT AUP SCHOOL, RESIDING AT MURICHANDIYIL HOUSE, POST PERAMBRA, KOZHIKODE DISTRICT - 673 525.

BY ADVS.SRI.R.K.MURALEEDHARAN SMT.ATHIRA A.MENON RESPONDENTS:

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

THE STATE OF KERALA, GENERAL EDUCATION DEPARTMENT, GOVERNMENT OF KERALA, TRIVANDRUM - 695 001.

2.

THE DISTRICT EDUCATIONAL OFFICER, THAMARASSERY, KOZHIKODE DISTRICT - 673 574.

3.

THE ASSISTANT EDUCATIONAL OFFICER, PERAMBRA, KOZHIKODE DISTRICT - 673 525.

4.

THE MANAGER, PERAMBRA AUP SCHOOL, PERAMBRA, KOZHIKODE DISTRICT - 673 525.

R1 TO R3 BY GOVERNMENT PLEADER SRI RAFEEK V.K. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

APPENDIX IN W.P.(C)No.30758/2015 PETITIONER'S EXTS:

EXT.P1:

COPY OF APPOINTMENT ORDER DT.4.6.2012.

EXT.P2:

COPY OF APPOINTMENT ORDER AND THE PROCEEDINGS OF APPROVAL DT.30.4.2013.

EXT.P3:

COPY OF GO(P)NO.56/11/G.EDN. DT.26.2.11.

EXT.P4:

COPY OF REQUEST BY THE MANAGER DT.22.10.2012. EXT.P5:

COPY OF ORDER DT.30.8.13.

EXT.P6:

COPY OF LETTER NO.60930/J2/11/G.EDN. DT.25.10.2011. EXT.P7:

COPY OF CIRCULAR ISSUED BY THE DPI DT.10.5.2012. EXT.P8:

COPY OF REVISION PETITION DT.5.12.2013 BY THE MANAGER ALONG WITH POSTAL RECEIPT.

RESPONDENTS' EXTS: NIL TRUE COPY P.S.TO JUDGE dsn

ANIL K.NARENDRAN, J -------------------------------------------------- W.P.(C.)No.30758 Of 2015 -------------------------------------------------- DATED THIS THE 9 th DAY OF OCTOBER, 2015

JUDGMENT

The petitioner is stated to have been appointed as LPSA in the school managed by the 4th respondent as leave substitute for the period from 4.6.2012 to 21.10.2012 and thereafter from 22.10.2012 to 17.2.2013. The petitioner has approached this Court in this Writ Petition seeking a writ of certiorari to quash Ext.P5 order dated 30.8.2013 issued by the 2nd respondent, with an alternative prayer to issue a writ of mandamus commanding the 1st respondent to consider and pass orders on Ext.P8 revision dated 5.12.2013 filed by the petitioner challenging Ext.P5 within a time frame that may be fixed by this Court.

2.

I heard arguments of the learned counsel for the petitioner and also the learned Government Pleader appearing for respondents 1 to 3.

3.

It is aggrieved by Ext.P5 order dated 30.8.2013, the petitioner has filed Ext.P8 revision before the 1st respondent. Since Ext.P8 revision is pending consideration before the 1st respondent, I

W.P.(C).No.30758/15 -2deem it appropriate to dispose of this Writ Petition without going into the merits of the case.

In the result, this Writ Petition is disposed of directing the 1st respondent to consider and pass appropriate orders on Ext.P8 revision filed by the petitioner, as expeditiously as possible, at any rate within a period of three months from the date of receipt of a certified copy of this judgment, with notice to the petitioner and the 4th respondent.

Sd/- ANIL K.NARENDRAN, JUDGE dsn