IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 37923 of 2010(M)
1. FATHIMATH RAHEENA V.
... Petitioner
Vs
1. THE DIRECTOR OF PUBLIC INSTRUCTION
... Respondent
2. THE DISTRICT EDUCATIONAL OFFICER
3. THE ASSISTANT EDUCATIONAL OFFICER
4. THE MANAGER, AMLPS,KUNDILPARAMBA &
5. SHARANYA M NAIR,
6. SHAMEER, LPSA, AMLPS, PULLITHARA
7. DEEPAK P, LPSA LEAVE SUBSTITUTE
For Petitioner :SRI.R.K.MURALEEDHARAN
For Respondent : No Appearance
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :04/02/2011
O R D E R
T.R.RAMACHANDRAN NAIR, J.
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W.P.(C).No.37923 of 2010
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Dated this the 4th day of February, 2011.
J U D G M E N T
The petitioner herein was appointed as LPSA, by the fourth
respondent, in a newly created vacancy in the AMLPS,
Kundilparamba and AMLPS, Pullithara under his management.
Ext.P1 is the copy of the appointment order. The appointment of
the petitioner was in the additional division vacancy during 2007-
08. In the light of the order issued by the Government as per
G.O.(P) No.317/2005/G.Edn dated 17.8.2005, the said division
was not sanctioned and therefore the appointment was rejected
by the third respondent.
2. It is stated that two resignation vacancies of LPSA’s
arose in AMLPS, Kundilparamba and Pullithara with effect from
13.7.2009 due to the resignation of one Babu M.V. and Pramod.A
for joining Government service. Both the above schools are
under the management of fourth respondent. According to the
petitioner, she is entitled to be appointed in one of the regular
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W.P.(C).No.37923 of 2010
vacancies thus pointed out. The fourth respondent appointed
the fifth respondent in the vacancy of Pramod.A from 1.6.2010
onwards and the sixth respondent in the vacancy of Babu M.V.
from the same date. The seventh respondent was appointed in
the leave vacancy of one Abdulrahiman, in which the fifth
respondent was working. The details of such appointments
have been explained in para 5 of the writ petition. The petitioner
has filed a representation as Ext.P2, raising his claim. By
Ext.P3 the Government has passed an order to grant approval
of the teachers appointed in the additional division vacancies,
which obliges the manager to file a declaration to appoint
protected teachers in equal number of posts. Petitioner’s
grievance is now against Ext.P5 order whereby his claim was
rejected. It is the case of the petitioner that she has filed an
appeal before the Director of Public Instruction as Ext.P6(a)
along with a stay petition marked as Ext.P6(b).
3. In these circumstances, the writ petition has been filed,
seeking various reliefs. The grievance voiced by the petitioner
mainly is that the petitioner was entitled to be appointed and the
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Manager even though is bound by the Government order Ext.P3,
no action has been taken on the basis of the Government order
so far.
4. Inspite of receipt of notice, none of the party
respondents have appeared. Therefore it is only proper to direct
the first respondent to take a decision on Ext.P6(a) revision with
a notice to all the parties concerned. Learned counsel for the
petitioner prays for a further direction to the Director of Public
Instruction, Thiruvananthapuram, to consider the petition filed by
the petitioner as Ext.P6(b) before the appeal is disposed of. The
petitioner seeks for an interim order, in the light of the fact that, a
proposal for the approval of appointment of the respondents 5 to
7, is pending before the Education Officer concerned.
5. There will be a direction to the Director of Public
Instruction to take a decision on the revision petition Ext.P6(a)
after hearing the petitioner and respondents 4 to 7 within a
period of 3 months from the date of receipt of copy of this
judgment. The stay petition Ext.P6(b) if pending will be
considered and appropriate orders will be passed within a period
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of three weeks from the date of production of a copy of this
judgment. The petitioner will produce a copy of writ petition
along with a copy of this judgment for compliance. No costs.
T.R.RAMACHANDRAN NAIR,
Judge
ami/