Asha R Vs. the State of Kerala - Court Judgment

SooperKanoon Citationsooperkanoon.com/1127346
CourtKerala High Court
Decided OnFeb-10-2014
JudgeHONOURABLE MR.JUSTICE C.K.ABDUL REHIM
AppellantAsha R
RespondentThe State of Kerala
Excerpt:
in the high court of kerala at ernakulam present: the honourable mr.justice c.k.abdul rehim monday,the10h day of february201421st magha, 1935 wp(c).no. 2133 of 2014 (n) -------------------------------------- petitioner(s): ----------------------- asha. r, l p s a, kandiyoor u p school, mavelikkara. by advs.sri.r.rajasekharan pillai smt.sabina jayan respondent(s): ------------------------- 1. the state of kerala, represented by the secretary to government government secretariat,thirtuvananthapuram-695001.2. the director of public instructions, thiruvananthapuram-695001.3. the deputy director of education, alappuzha-688001.4. the district educational officer, mavelikkara.5. the assistant educational officer, mavelikkara.6. the manager kandiyoor u p s, mavelikkara. r1-5 by government pleader sri.ramaprasad unni this writ petition (civil) having come up for admission on1002-2014, the court on the same day delivered the following: pj wp(c).no. 2133 of 2014 (n) ------------------------------------- appendix petitioner(s)' exhibits ------------------------------------- exhibit-p1- true copy of the appointment order of the petitioner dated0310/2006 exhibit-p2- true copy of the letter dated0401/2007 from the5h respondent to the6h respondent. exhibit-p3- true copy of the order no. b1/8518/07/k.dis dated2812/2007 of the4h respondent. exhibit-p4- true copy of the communication dated0810/2013 from the2d respondent to the petitioner. exhibit-p5- true copy of the revision dated1012/2013 submitted by the petitioner before the ist respondent. respondent(s)' exhibits --------------------------------------- nil. / true copy / p.s. to judge pj c.k. abdul rehim, j.------------------------------------------------- w.p.(c) no. 2133 of2014n ------------------------------------------------- dated this the10h day of february, 2014. judgment approval of appointment of the petitioner as lower primary school assistant (l.p.s.a) in the 6th respondent's school with effect from 02-10-2006 was rejected for the reason that the school has become uneconomic and for the reason that the change of the management has not been approved. challenge raised against the denial of approval is pending disposal before the appellate authority on the basis of remedy resorted to by the manager. while so, by virtue of the 'teachers package' introduced by the government on 01-10-2011, the petitioner became eligible for protection and included in the 'teachers' bank'. eventhough the petitioner's name was forwarded by the d.e.o as an eligible candidate, her name was not included in ext.p4 list. aggrieved by the same the petitioner had approached the 1st respondent in ext.p5 revision, which is pending w.p.(c) no.2133/2014 -2- consideration and disposal. under the above mentioned circumstances the petitioner is seeking necessary direction for an early disposal of ext.p5.2. learned government pleader on instructions submitted that, ext.p5 was received by the 1st respondent and the same is pending consideration and disposal. in view of the fact that ext.p5 petition is pending before the 1st respondent, this court is not adjudicating on the merits of the issue. a direction for an early disposal of ext.p5 will suffice to meet the ends of justice.3. therefore the writ petition is disposed of directing the 1st respondent to consider ext.p5 and to take an appropriate decision thereon, if necessary after affording an opportunity of personal hearing to the petitioner, at the earliest possible, at any rate within a period of 2 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
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM MONDAY,THE10H DAY OF FEBRUARY201421ST MAGHA, 1935 WP(C).No. 2133 of 2014 (N) -------------------------------------- PETITIONER(S): ----------------------- ASHA. R, L P S A, KANDIYOOR U P SCHOOL, MAVELIKKARA. BY ADVS.SRI.R.RAJASEKHARAN PILLAI SMT.SABINA JAYAN RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT GOVERNMENT SECRETARIAT,THIRTUVANANTHAPURAM-695001.

2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695001.

3. THE DEPUTY DIRECTOR OF EDUCATION, ALAPPUZHA-688001.

4. THE DISTRICT EDUCATIONAL OFFICER, MAVELIKKARA.

5. THE ASSISTANT EDUCATIONAL OFFICER, MAVELIKKARA.

6. THE MANAGER KANDIYOOR U P S, MAVELIKKARA. R1-5 BY GOVERNMENT PLEADER SRI.RAMAPRASAD UNNI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON1002-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PJ WP(C).No. 2133 of 2014 (N) ------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT-P1- TRUE COPY OF THE APPOINTMENT ORDER

OF THE PETITIONER DATED0310/2006 EXHIBIT-P2- TRUE COPY OF THE LETTER DATED0401/2007 FROM THE5H RESPONDENT TO THE6H RESPONDENT. EXHIBIT-P3- TRUE COPY OF THE ORDER

NO. B1/8518/07/K.DIS DATED2812/2007 OF THE4H RESPONDENT. EXHIBIT-P4- TRUE COPY OF THE COMMUNICATION DATED0810/2013 FROM THE2D RESPONDENT TO THE PETITIONER. EXHIBIT-P5- TRUE COPY OF THE REVISION DATED1012/2013 SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT. RESPONDENT(S)' EXHIBITS --------------------------------------- NIL. / TRUE COPY / P.S. TO JUDGE PJ C.K. ABDUL REHIM, J.

------------------------------------------------- W.P.(c) No. 2133 OF2014N ------------------------------------------------- DATED THIS THE10h DAY OF FEBRUARY, 2014.

JUDGMENT

Approval of appointment of the petitioner as Lower Primary School Assistant (L.P.S.A) in the 6th respondent's school with effect from 02-10-2006 was rejected for the reason that the school has become uneconomic and for the reason that the change of the management has not been approved. Challenge raised against the denial of approval is pending disposal before the appellate authority on the basis of remedy resorted to by the Manager. While so, by virtue of the 'Teachers Package' introduced by the Government on 01-10-2011, the petitioner became eligible for protection and included in the 'Teachers' Bank'. Eventhough the petitioner's name was forwarded by the D.E.O as an eligible candidate, her name was not included in Ext.P4 list. Aggrieved by the same the petitioner had approached the 1st respondent in Ext.P5 revision, which is pending W.P.(c) No.2133/2014 -2- consideration and disposal. Under the above mentioned circumstances the petitioner is seeking necessary direction for an early disposal of Ext.P5.

2. Learned Government Pleader on instructions submitted that, Ext.P5 was received by the 1st respondent and the same is pending consideration and disposal. In view of the fact that Ext.P5 petition is pending before the 1st respondent, this court is not adjudicating on the merits of the issue. A direction for an early disposal of Ext.P5 will suffice to meet the ends of justice.

3. Therefore the writ petition is disposed of directing the 1st respondent to consider Ext.P5 and to take an appropriate decision thereon, if necessary after affording an opportunity of personal hearing to the petitioner, at the earliest possible, at any rate within a period of 2 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