High Court Kerala High Court

M.Sreekala vs The State Of Kerala Represented on 20 August, 2010

Kerala High Court
M.Sreekala vs The State Of Kerala Represented on 20 August, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 26775 of 2010(V)


1. M.SREEKALA, W/O.MOHAN,
                      ...  Petitioner

                        Vs



1. THE STATE OF KERALA REPRESENTED
                       ...       Respondent

2. THE DIRECTOR OF PUBLIC INSTRUCTION,

3. THE DEPUTY DIRECTOR OF EDUCATION,

4. THE ASSISTANT EDUCATIONAL OFFICER,

5. THE MANAGER,

                For Petitioner  :SRI.V.A.MUHAMMED

                For Respondent  : No Appearance

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

 Dated :20/08/2010

 O R D E R
                       C.T. RAVIKUMAR, J.

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                W.P. (C) No. 26775 OF 2010
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            Dated this the 20th day of August, 2010

                           J U D G M E N T

The petitioner is presently working as Upper

Primary School Assistant in the 5th respondent’s school. He

was appointed as UPSA with effect from 2.6.2003 and the said

appointment was approved. The petitioner is, in fact,

aggrieved by Ext.P6 proceedings of the 5th respondent-

Manager. Ext.P6 has been issued on account of reduction of

post in the category of LPSA taking into account the fact that

the person to be retrenched from the category of LPSA got

appointment under the 5th respondent prior to the

appointment of the petitioner. According to the petitioner,

being an appointee to the category of UPSA he could not be

shifted to the post of LPSA. The petitioner is now facing

retrenchment. When faced with such a situation the petitioner

has approached the second respondent by filing Ext.P9 appeal.

According to the petitioner though Ext.P8 has also been

preferred before the 4th respondent, it cannot be said to be an

efficacious one and, in fact, in the light of Ext.P7 passed by

WPC.No.26775/2010
: 2 :

the 3rd respondent, the question raised by the petitioner

cannot be looked into in its true perspective by the 4th

respondent, it is submitted. However, the grievances and

objections raised by the petitioner in Ext.P9 appeal can be

looked into in their true perspective by the second

respondent. Taking into account the aforesaid aspects, this

writ petition is disposed of with a direction to the first

respondent to consider and pass orders on Ext.P9

expeditiously, at any rate, within a period of two months from

the date of receipt of a copy of this judgment with notice to

the petitioner, the 5th respondent and any other teacher who is

likely to be effected by a favourable order on Ext.P9.

(C.T. RAVIKUMAR, JUDGE)

jma