IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 7318 of 2009(H)
1. SMITHA WARRIER,
... Petitioner
Vs
1. THE STATE OF KERALA, REPRESENTED BY
... Respondent
2. THE DEPUTY DIRECTOR OF EDUCATION,
3. THE DISTRICT EDUCATIONAL OFFICER,
4. THE MANAGER,
For Petitioner :SRI.M.V.BOSE
For Respondent : No Appearance
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :06/03/2009
O R D E R
P.N.RAVINDRAN, J.
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W.P.(C) No.7318 of 2009
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Dated this the 6th day of March 2009
JUDGMENT
Heard Miss.Nisha Bose, the learned counsel appearing for the
petitioner and Sri.A.J.Varghese, the learned Government Pleader
appearing for respondents 1 to 3. In the nature of the order that I
propose to pass, it is not necessary to issue notice to or hear the fourth
respondent.
2. The petitioner is presently working as Training School Assistant
(Mathematics) in S.N.Teachers Training Institute, Cheruthuruthy. She was
appointed as Training School Assistant (Mathematics) by promotion with
effect from 2.6.2008 in the vacancy of Smt.K.N.Jalaja who was promoted
as Headmaster of the school. The fourth respondent Manager forwarded
the appointment order for approval to the District Educational Officer,
Chavakkad, who by Ext.P1 order passed on 11.12.2008, declined to
approve the appointment. The fourth respondent Manager has aggrieved
by Ext.P1, filed Ext.P2 appeal before the Deputy Director of Eduction,
Thrissur as provided under sub rule-(5) of rule 8 of Chapter XIVA of the
Kerala Education Rules. In this writ petition, the petitioner inter alia prays
for a direction to the Deputy Director of Education, Thrissur to consider
Ext.P2 appeal and pass orders thereon after affording her and the
Manager an opportunity of being heard.
3.The learned Government Pleader appearing for respondents 1 to
W.P.(C)No.7318 of 2009 2
3 submits that as Ext.P2 is a statutory appeal, the Deputy Director of
Education, Thrissur will hear the parties and pass orders thereon
expeditiously.
4. The appointment in question was made on 2.6.2008. The
academic year is coming to a close. Since the Manager has already moved
the appellate authority challenging Ext.P1 order by which the petitioner’s
appointment was not approved, it is for that authority to take a decision
in the matter. However, in my opinion, disposal of appeals arising out of
orders declining approval of appointments should not be unduly delayed.
Ext.P2 discloses that the appeal was presented within the time limit
stipulated in rule 8(5) of Chapter XIVA of the Kerala Education Rules. I
accordingly dispose of this writ petition with a direction to the Deputy
Director of Education, Thrissur to consider Ext.P2 appeal and pass orders
thereon, after affording the petitioner and the fourth respondent an
opportunity of being heard. Final orders in the matter shall be passed
within three months from the date on which the petitioner produces a
certified copy of this judgment.
The Writ Petition is disposed of as above.
P.N.RAVINDRAN, JUDGE
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