High Court of KeralaWP(C)/33637/2014disposed of

Seena Jacob v. The State Of Kerala

2015-01-084 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM THURSDAY, THE 8TH DAY OF JANUARY 2015/18TH POUSHA, 1936 WP(C).No. 33637 of 2014 (D) -------------------------------------- PETITIONER(S):

---------------------- SEENA JACOB, W/O. ROY ABRAHAM K., TEACHER, SANSKRIT F.T., CHERUPUSHPAM, U.P.SCHOOL, CHEMPANTHOTTY, KALAPURACKAL, ANGADIKKADAVU P.O., KANNUR-670 706. BY ADVS.SRI.JIJI THOMAS SMT.SMITHA MATHEW SRI.P.R.ASHOK KUMAR RESPONDENT(S):

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

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

2. DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM - 695 001.

3. ASSISTANT EDUCATIONAL OFFICER, IRIKKUR, KANNUR DISTRICT - 670 593.

BY GOVERNMENT PLEADER SRI.M.A.FAYAZ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: msv/

WP(C).No. 33637 of 2014 (D) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT. P1 : A COPY OF THE APPOINTMENT ORDER DTD.14.6.2007. EXT. P2 : A COPY OF THE GOVERNMENT ORDER DTD.14.11.2010. EXT. P3 : A COPY OF THE CIRCULAR DTD.20.09.2011 ISSUED BY THE 2ND RESPONDENT.

EXT. P3(A): A COPY OF THE CIRCULAR DTD.20.09.2011 ISSUED BY THE 2ND RESPONDENT.

EXT. P4 : TRUE COPY OF THE STAFF FIXATION ORDER ISSUED BY THE 3RD RESPONDENT DTD.15.7.2014.

EXT. P5 : TRUE COPY OF THE REVISION PETITION SUBMITTED BEFORE THE 2ND RESPONDENT.

RESPONDENT(S)' EXHIBITS:

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

C.K. ABDUL REHIM, J.

------------------------------------------------- W.P.(c) No. 33637 OF 2014-D ------------------------------------------------- DATED THIS THE 8th DAY OF JANUARY, 2015.

J U D G M E N T

The petitioner who was working as Full Time Sanskrit Teacher under the educational agency had filed Ext.P5 revision petition before the 2nd respondent aggrieved by Ext.P4 staff fixation order issued by the 3rd respondent with respect to school wherein she is presently working. Contention of the petitioner is that by virtue of Ext.P3 clarification issued by the 2nd respondent she is entitled to continue as full time teacher despite conversion of the post as part time. Since Ext.P5 was not considered, this writ petition is filed.

Heard; Government Pleader appearing on behalf of respondents. Considering pendency of Ext.P5 before the 2nd respondent this court is of the opinion that direction for an early disposal of the same would suffice to meet the ends of justice.

W.P.(c) No. 33637/2014 -23.

Therefore this writ petition is disposed of by directing the 2nd respondent to consider Ext.P5 and to dispose of the same after affording opportunity of personal hearing to the petitioner and others concerned. A decision on Ext.P5 shall be taken at the earliest possible, at any rate within a period of 3 months from the date of receipt of a copy of this judgment.

Sd/- C.K. ABDUL REHIM JUDGE AMG True copy P.A. to Judge