IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 26626 of 2008(T)
1. MARY JOPHY,
... Petitioner
Vs
1. THE STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. THE DIRECTOR OF PUBLIC INSTRUCTION,
3. THE DISTRICT EDUCATIONAL OFFICER,
4. THE ASSISTANT EDUCATIONAL OFFICER,
5. THE HEADMASTER,
6. THE MANAGER,
For Petitioner :SRI.V.A.MUHAMMED
For Respondent :SRI.MILLU DANDAPANI
The Hon'ble MR. Justice K.T.SANKARAN
Dated :05/02/2009
O R D E R
K.T.SANKARAN, J.
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W.P(C) No. 26626 of 2008-T
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Dated this the 5th February, 2009.
J U D G M E N T
The petitioner was appointed as Lower Primary School Assistant
in S.R.M.L.P School, Koorkancherry, as per Exhibit P1 order of
appointment with effect from 6.6.2006, in a vacancy which arose on
the retirement of Headmaster. The proposal for approval of the
appointment of the petitioner was rejected by the Assistant
Educational Officer and that order was confirmed in appeal by the
District Educational Officer. The revision filed by the Manager before
the Director of Public Instruction was dismissed, as per Exhibit P6
order. Challenging Exhibit P6 order, the petitioner filed Exhibit P7
revision before the first respondent. Exhibit P7 is pending disposal.
2. The reliefs prayed for in the Writ Petition are the following:
“a) call for the records relating to Exhibits P4, P5
and P6 and quash the originals of the same by the issue of a
writ of certiorari or other appropriate writ or order.
b) issue writ of mandamus or other appropriate writ
order or direction commanding the 4th respondent Assistant
Educational Officer, Thrissur West to approve the
appointment of the petitioner as Lower Primary School
Assistant with effect from 6.6.2006 onwards and disburse
the pay and allowances due to the petitioner forthwith.
c) issue a writ of mandamus or other appropriate
writ, order or direction commanding the 1st respondent to
effectively consider and pass appropriate orders upon Exhibit
W.P(C) No. 26626 of 2008-T 2
P7 after affording an opportunity of being heard to the
petitioner within a time limit.
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. The learned counsel for the petitioner submits that the
petitioner confines her relief for the time being to relief No.(c). The
learned Government Pleader submitted that Exhibit P7 would be
disposed of without delay.
4. In the facts and circumstances of the case, the Writ
Petition is disposed of as follows:
i) The first respondent shall consider and dispose of Exhibit
P7 revision dated 26.4.2008 submitted by the petitioner, as
expeditiously as possible and at any rate within a period of three
months from the date of receipt of a copy of the judgment after
affording an opportunity of being heard to the petitioner and
respondents 5 and 6.
ii) The petitioner shall produce certified copy of the judgment
and a copy of the Writ Petition before the first respondent.
K.T.SANKARAN
JUDGE
ab
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