High Court Kerala High Court

Glory Albert vs The Assistant Educational … on 5 July, 2010

Kerala High Court
Glory Albert vs The Assistant Educational … on 5 July, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 17520 of 2010(L)


1. GLORY ALBERT,MANAGER, LUTHERAN
                      ...  Petitioner

                        Vs



1. THE ASSISTANT EDUCATIONAL OFFICER,
                       ...       Respondent

                For Petitioner  :SRI.C.S.MANILAL

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice C.T.RAVIKUMAR

 Dated :05/07/2010

 O R D E R
                           C.T. RAVIKUMAR, J.
                    --------------------------------------------
                       W.P.(C). NO. 17520 OF 2010
                    --------------------------------------------

                    Dated this the 5th day of July, 2010


                                 JUDGMENT

The petitioner is the Manager of Lutheran Lower Primary School,

Dymock in Vandiperiyar. This Writ Petition has been filed mainly with

the prayer to issue a writ of mandamus commanding the first respondent to

approve the final seniority list of teachers of the school.

2. A statement has been filed by the respondent in this Writ

Petition. It is stated thereunder that the seniority list of teachers as on

1.1.2010 was submitted by the Manager only on 5.3.2010. The same was

provisionally approved and returned to the Manager with a direction to

circulate the same among the staff concerned who were included in the

seniority list. Thereafter, the petitioner submitted the provisionally

approved seniority list to the office of the respondent only on 18.5.2010.

However, the same was submitted without signatures of one

Sri.P.P.thomas and Sri.P.G.Suresh, who were included in the said seniority

list. The remarks made by the petitioner against the names of the aforesaid

persons are to the effect that Sri.P.P.Thomas retired from service on

W.P.(C) NO.17520/2010 2

31.3.2010 and Sri.P.G.Suresh is on unauthorized absence. The respondent

issued notices to the said teachers and a hearing was scheduled to be held

on 28.6.2010. The learned Government Pleader, upon instructions,

submitted that the aforementioned persons did not turn up for the hearing

on 28.6.2010.

3. In view of the facts thus obtained in this case, it is evident that

all the concerned staff included in the seniority list except Sri.P.P.Thomas

and Sri.P.G.Suresh had signed in the provisionally approved seniority list.

Despite the issuance of notices, the aforementioned two persons did not

turn up for hearing before the respondent. In the circumstances, this Writ

Petition is disposed of with a direction to the respondent to take

appropriate action to finalise Ext.P2 seniority list expeditiously, at any

rate, within a period of one month from the date of receipt of a copy of this

judgment.

(C.T. RAVIKUMAR, JUDGE)

spc

W.P.(C) NO.17520/2010 3

C.T. RAVIKUMAR, J.

W.P.(C). NO. /2010

JUDGMENT

June, 2010

W.P.(C) NO.17520/2010 4