IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 20727 of 2008(P)
1. JINITHA A.M., AGED 25 YEARS
... Petitioner
2. M.SANKAR,
Vs
1. THE STATE OF KERALA REPRESENTED BY THE
... Respondent
2. THE DISTRICT EDUCATIONAL OFFICER
3. THE MANAGER, HIGHER SECONDARY SCHOOL
4. U.K.SULATHA, U.P.S.A.,
5. ARUN.C., U.P.S.A.,
6. AJITHA KUMARI, U.P.S.A.,
7. BINDU .S. NAIR U.P.S.A.,
8. DHANESH KUMAR K.P.U.P.S.A.,
For Petitioner :SRI.V.A.MUHAMMED
For Respondent : No Appearance
The Hon'ble MR. Justice K.T.SANKARAN
Dated :10/07/2008
O R D E R
K.T.SANKARAN, J.
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W.P.(C) NO. 20727 OF 2008 P
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Dated this the 10th July, 2008
JUDGMENT
The petitioners are working as Upper Primary School Assistants in
Higher Secondary School, Valayamachirangara, Perumbavoor. The
allegation of the petitioners is that though the petitioners were entitled to
get regular appointment from 4.6.2007 onwards, instead of appointing
them the Manager appointed respondents 4 to 8. It is stated that the
petitioners have preferential claim for appointment as UPSA. Challenging
the appointment of respondents 4 to 8, the first petitioner filed Ext.P4
appeal and the second petitioner filed Ext.P5 appeal before the District
Educational Officer, Kothamangalam. Exts.P4 and P5 appeals are
pending disposal.
2. The reliefs prayed for by the petitioners in the Writ Petition are
the following:
“a) Issue a Writ of mandamus or other appropriate Writ
order or direction commanding the 3rd respondent
Manager to appoint the petitioners as U.P.S.A from
4.6.2007 onwards or any other regular vacancy arose
after the date of the appointment of the petitioners
from 14.6.2006.
b) Issue a Writ of mandamus or other appropriate Writ
order or direction commanding the 2nd respondent to
approve the appointment of the petitioners as
W.P.(C) NO.20727 OF 2008
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U.P.S.As against a regular post from 4.6.2007 or any
other regular vacancies arose after the date of
appointment of the petitioners as U.P.S.As and
disburse salary and allowances forthwith.
c) Direct the 2nd respondent to effectively consider and
pass appropriate orders upon Ext.P4 & P5 after
affording an opportunity of being heard to the
petitioner within a time limit. In the meantime
approval of appointment of the respondents 4 to 8
may be kept in abeyance.
d) Pass such other order or direction which this Hon’ble
Court may deem fit and proper to grant in the
circumstances of the case.”
3. Learned counsel for the petitioners submits that the petitioners
would be satisfied if a direction is issued to dispose of Exts.P4 and P5
appeals expeditiously. In view of the submission, I do not think that it is
necessary to issue notice to respondents 3 to 8 in this Writ Petition
before disposing of the same in the manner indicated below.
Taking into account the facts and circumstances of the case, the
Writ Petition is disposed of in the following manner:
i) The District Educational Officer, Kothamangalam is directed to
dispose of Exts.P4 and P5 appeals filed by petitioners 1 and 2
respectively, as expeditiously as possible and, at any rate, within a
period of six weeks from the date of receipt of a copy of this
judgment. The District Educational Officer shall issue notice to the
petitioners, the Manager of the School and respondents 4 to 8 and
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afford an opportunity of being heard to all of them, before disposing
of the appeals.
ii) The petitioners shall produce certified copy of the judgment and a
copy of the Writ Petition before the District Educational Officer,
Kothamangalam.
iii) The petitioners shall send a copy of the judgment to respondents 3
to 8 separately by registered post and shall produce proof of the
same before the District Educational Officer, Kothamangalam,
without delay.
(K.T.SANKARAN)
Judge
ahz/