IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 9858 of 2009(B)
1. SUMITHRA.S.,D/O.R.CHANDRAN PILLAI,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
2. DIRECTOR OF PUBLIC INSTRUCTION,
3. DISTRICT EDUCATIONAL OFFICER,
4. ASSISTANT EDUCATIONAL OFFICER,
5. MANAGER,KIZHAKKEN OTHERA LOWER PRIMARY
For Petitioner :SRI.S.SUBHASH CHAND
For Respondent : No Appearance
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :26/03/2009
O R D E R
P.N.RAVINDRAN, J.
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W.P(C) No. 9858 of 2009-B
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Dated this the 26th day of March, 2009.
J U D G M E N T
Heard. Sri.S.Subhash Chand the learned Counsel appearing for
the petitioner and Sri.A.J.Varghese, the learned Government Pleader
appearing for respondents 1 to 4. In the nature of the order that I
propose to pass it is not necessary to issue notice to or hear the
fifth respondent.
2. The petitioner is presently working as Lower Primary
School Assistant (LPSA for short) in the fifth respondent’s school.
The fifth respondent’s school is an uneconomic school. The
petitioner was appointed in a leave vacancy and that appointment
was approved as a leave substitute. The Headmaster of the school
retired from service on 31.3.2007. In that vacancy the senior most
UPSA was appointed as Headmaster. The appointment of the new
Headmaster was approved. In the resultant vacancy of LPSA, the
petitioner was appointed by Ext.P4 order dated 1.6.2007 on a
regular basis. Relying on Ext.P3 Government order, the Assistant
Educational Officer declined to approve the said appointment on the
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ground that vacancies arising in uneconomic school after
12.10.2006 cannot be filled up in view of Ext.P5 circular. The
Manager filed an appeal before the District Educational Officer.
That was rejected by Ext.P8 order dated 12.2.2006. He thereupon
moved the Director of Public Instruction in revision petition. That
was also rejected by Ext.P9 order dated 13.8.2008. The Manager
has, aggrieved by the orders passed by the Educational Officers and
the Director of Public Instruction filed Ext.P10 revision petition
before the State Government. The petitioner has also filed Ext.P11
representation before the State Government seeking approval of her
appointment. In this writ petition, the petitioner inter-alia prays for
a direction to the Government to consider and pass orders on
Ext.P10 revision petition and Ext.P11 representation within a time
limit to be fixed by this Court.
3. The pleadings disclose that the petitioner’s appointment
in a regular vacancy of LPSA was not approved for the reason that
there is a ban on filling up vacancies arising after 12.10.2006 in
uneconomic schools. The Educational Officers and the Director of
Public Instruction have declined to approve the petitioner’s
W.P(C) No. 9858 of 2009-B 3
appointment in the regular vacancy with effect from 1.6.2007. The
Manager has, aggrieved by the same moved the Government in
revision by filing Ext.P10 revision petition. The petitioner has
subsequently filed Ext.P11 representation. Since the Manager has
invoked a statutory remedy available to him I am of the opinion that
the Government should consider the same and pass orders thereon
expeditiously.
In these circumstances I dispose of this writ petition with a
direction to the Government to consider Ext.P10 revision petition
and also Ext.P11representation after notice to and affording the
petitioner and the fifth respondent Manager a reasonable
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.
P.N.RAVINDRAN
JUDGE
ab
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