Omana K.K. v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE THURSDAY, THE 26TH DAY OF MARCH 2015/5TH CHAITHRA, 1937 WP(C).No. 36102 of 2008 (W) -------------------------------------- PETITIONER(S):
----------------------- K.K.OMANA, MANAGER, PATTANUR U.P.SCHOOL, P.O. PATTANUR, KANNUR DIST. BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S):
-------------------------
1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM.
2. DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM.
3. DEPUTY DIRECTOR OF EDUCATION, KANNUR.
4. DISTRICT EDUCATIONAL OFFICER, THALASSERY.
5. ASSISTANT EDUCATIONAL OFFICER, MATTANNUR.
BY SENIOR GOVERNMENT PLEADER SRI.SOJAN JAMES THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: msv/
WP(C).No. 36102 of 2008 (W) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:
-------------------------------------- EXT.P1: TRUE COPY OF THE ORDER DATED 23.12.2006 ISSUED BY THE 5TH RESPONDENT.
EXT.P2: TRUE COPY OF THE APPEAL DATED 12.2.2007 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT.
EXT.P3: TRUE COPY OF THE ORDER DATED 28.3.2007 ISSUED BY THE 4TH RESPONDENT.
EXT.P4: TRUE COPY OF THE APPEAL SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
EXT.P5: TRUE COPY OF THE PETITION DATED 20.3.2007 SUBMITTED BY SMT.V.K.REKHA.
EXT.P6: TRUE COPY OF THE ORDER DTD.30.5.2008. EXT.P7: TRUE COPY OF THE REVISION DATED 18.6.2008 FILED BY THE PETITIONER. EXT.P8: TRUE COPY OF THE STAFF FIXATION ORDER FOR THE YEAR 2006-2007. EXT.P9: TRUE COPY OF THE PROCEEDINGS OF THE AEO, MATTANNUR DTD.5.10.2007.
EXT.P10: TRUE COPY OF THE ORDER DTD.15.7.2008. EXT.P11: TRUE COPY OF THE APPEAL DATED 18.11.2006 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.
EXT.P12: TRUE COPY OF THE ORDER DTD.19.2.2007. EXT.P13: TRUE COPY OF THE APPEAL DTD.14.3.2007 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
EXT.P14: TRUE COPY OF THE ORDER DTD.3.10.2007 ISSUED BY THE 2ND RESPONDENT.
EXT.P15: TRUE COPY OF THE REVISION PETITION DATED 9.11.2007 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.
EXT.P16: TRUE COPY OF THE ORDER DTD.18.4.2008. EXT.P17: TRUE COPY OF G.O.(P) 317/2005 DTD.17.8.2005. RESPONDENT(S)' EXHIBITS:
----------------------------------------- NIL //TRUE COPY// P.S.TO JUDGE Msv/
A. MUHAMED MUSTAQUE, J.
------------------------------------------------ W.P.(C) No.36102 of 2008 ------------------------------------------------ Dated this the 26th day of March, 2015
JUDGMENT
The petitioner is the Manager of an aided school. The petitioner appointed one V.K.Rekha as U.P.S.A with effect from 05.06.2006. The A.E.O has declined the approval. Ext.P1 is the order. It is on account of a ban imposed on making appointments, the approval was declined. The revision petition filed by the Manager as Ext.P15 was also rejected. Challenging these orders, the Manager has approached this Court.
2. In view of the subsequent Government Order lifting the ban, the petitioner being the Manager, on executing a bond, if otherwise eligible, necessary posts shall be sanctioned. Therefore, the A.E.O shall take a fresh decision in the matter, taking into account the fact that the ban ordered by the Government has been later lifted by G.O.(P) No.10/10/Gen. Edn. (J)Dept. Dated 12.01.2010. Necessary decision in the matter shall be taken by the 5th Respondent within a period of six weeks
W.P.(C) No.36102 of 2008 from the date of receipt of a copy of this judgment.
3. It is made clear that if the appointment was made in the admissible post, the teacher concerned shall be allowed to continue in the post, and admissible salary shall be paid within a period of four months from the date of approval of appointment. The impugned orders are set aside to the above extent. The writ petition is disposed of as above.
Sd/- A. MUHAMED MUSTAQUE, JUDGE.
//true copy// P.S. to Judge st/-