Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM TUESDAY, THE25H DAY OF FEBRUARY20146TH PHALGUNA, 1935 WP(C).No. 4367 of 2014 (U) --------------------------- PETITIONER(S): -------------------------- K.BASARIYA, AGED36YEARS, W/O.M.T.ABDUL KHADER, L.G.ARABIC TEACHER, DR.K.B.MENON MEMORIAL HIGH SCHOOL, TRITHALA, PALAKKAD DISTRICT - 679 534 (RESIDING AT MOORKATHAZHATH HOUSE, P.O.THRITHALA, VATTATHANI, PALAKKAD DISTRICT). BY ADVS.SRI.V.A.MUHAMMED SRI.M.SAJJAD RESPONDENT(S): ---------------------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENTSECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, THIRUVANANTHAPURAM - 14.
3. THE DISTRICT EDUCATIONAL OFFICER, OTTAPPALAM, PALAKKAD DISTRICT - 679 101.
4. THE MANAGER, DR.K.B.MENON MEMORIAL HIGH SCHOOL, TRITHALA, PALAKKAD DISTRICT - 679 534.
5. THE HEADMISTRESS, DR.K.B.MENON MEMORIAL HIGH SCHOOL, TRITHALA, PALAKKAD DISTRICT - 679 534. R1 TO R3 BY GOVERNMENT PLEADER SMT. LOWSY.A. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON2502-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WP(C).No. 4367 of 2014 (U) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS: ---------------------------------------- EXT.P-1: TRUE COPY OF THE PROCEEDINGS ORDER
NO.454/07 OF THE MANAGER DATED3112.2007. EXT.P-2: TRUE COPY OF THE ORDER
OF THE MANAGER DATED235.2013. EXT.P-3: TRUE COPY OF THE QUESTION UNDER RIGHT TO INFORMATION ACT DATED NIL. EXT.P-4: TRUE COPY OF THE ANSWER TO THE DISTRICT EDUCATIONAL OFFICER DATED291.2014. RESPONDENT(S)' EXHIBITS: ------------------------------------------ N I L /TRUE COPY/ P.A.TO JUDGE Kss C.K. ABDUL REHIM, J.
------------------------------------------------- W.P.(c) No. 4367 OF2014U ------------------------------------------------- DATED THIS THE25h DAY OF FEBRUARY, 2014.
JUDGMENT
The petitioner was appointed as Lower Grade Arabic Teacher in the 4th respondent's school against a vacancy which arose on retirement of a regular Lower Grade Arabic Teacher, considering her claim under Rule 51A of Chapter XIV-A K.E.R. Grievance is regarding non-approval of the appointment by the 3rd respondent, despite proposal submitted by the 4th respondent. Therefore the petitioner is seeking appropriate direction to the 3rd respondent to grant approval of the appointment.
2. Learned Government Pleader on instructions submitted that, the proposal for approval of the appointment was already received by the 3rd respondent. According to the 3rd respondent, the approval was not granted because of non- finalisation of staff fixation of the school for the academic year 2013-2014. Learned counsel for the petitioner points out that as per Rule 8 (2) of Chapter XIV-A K.E.R the approval has to be granted not later than 30 days from the date of receipt of the order of appointment. W.P.(c) No.4367/2014 -2- 3. Considering the fact that the proposal for approval on the basis of appointment made by the 4th respondent is pending decision before the 3rd respondent from 13-06-2013 onwards, as evident from Ext.P4, the 3rd respondent can be directed to take a final decision, within a time limit.
4. Hence this writ petition is disposed of directing the 3rd respondent to consider proposal submitted by the 4th respondent with respect to appointment of the petitioner as Lower Grade Arabic Teacher for approval and to take a decision thereof at the earliest possible, at any rate within a period of one month from the date of receipt of a copy of this judgment, if necessary after affording an opportunity of personal hearing to the petitioner and the Manager. Sd/- C.K. ABDUL REHIM, JUDGE. AMG True copy P.A to Judge