IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 14448 of 2010(E)
1. MERLY JOHNS, PRESENTLY WORKING AS
... Petitioner
2. SMT.T.MANICHI, PRESENTLY WORKING AS
Vs
1. STATE OF KERALA, REP.BY SECRETARY TO
... Respondent
2. THE DIRECTOR OF PUBLIC INSTRUCTION,
3. THE DISTRICT EDUCATIONAL OFFICER,
4. THE ASSISTANT EDUCATIONAL OFFICER,
5. THE CORPORATE MANAGER,
For Petitioner :SRI.JOHN JOSEPH VETTIKAD
For Respondent : No Appearance
The Hon'ble MR. Justice C.T.RAVIKUMAR
Dated :27/05/2010
O R D E R
C.T. RAVIKUMAR, J.
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W.P.(C). NO. 14448 OF 2010
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Dated this the 27th day of May, 2010
JUDGMENT
The petitioners were appointed as Lower Primary School Assistants
in L.M.L.P.School, Muhamma, Cherthala under the Corporate
Management of Lutheran Schools, India Evangelical Lutheran Church,
Thiruvananthapuram on 13.9.2004 and 15.7.2004 respectively. In fact,
both of them were appointed against the vacancies occurred on account of
resignation two L.P.School Assistants. Their order of appointment were
duly forwarded to the fourth respondent for approval. In the case of the
first petitioner, it was declined to be approved on the ground that there was
no approved Corporate Management for the Lutheran Schools, as per order
dated 13.10.2004. In the case of the second petitioner, the proposal of
appointment was declined to be approved on the ground that the
acceptance of resignation of Smt.Asha was not produced, as per order
dated 20.10.2004. Against the rejection of approval of the fourth
respondent, the Manager has filed an appeal under Rule 8(5) Chapter XIV
A of the Kerala Education Rules before the third respondent. The said
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appeal filed by the Manager was rejected by the third respondent. In the
meanwhile, the petitioner has filed a revision petition before the second
respondent and the same was also rejected as per Ext.P3 order. Against
Ext.P3 order of rejection by the second respondent, the first petitioner has
filed Ext.P4 review petition. It is preferred before the first respondent as a
review petition filed under Rule 93 of Chapter XIV A of the Kerala
Education Rules. In the facts and circumstances of this case, it is to be
construed as a revision petition filed under Rule 92 of Chapter XIV A of
the Kerala Education Rules. The second petitioner, on being aggrieved by
the rejection of order of approval by the second respondent, preferred a
revision petition under Rule 92 of Chapter XIV A of the Kerala Education
Rules before the first respondent.
2. This Writ Petition has been filed by the petitioners with the
prayer to direct the first respondent to consider Exts.P4 and P5 jointly and
pass orders thereon after affording an opportunity of being heard. When
this matter is taken up for admission, the learned Government Pleader
submitted that on Ext.P5, hearing was conducted on 14.5.2010 and, on that
date, the second respondent was heard on the matter. However, the fifth
W.P.(C) NO.14448/2010 3
respondent-manager was absent on that date and therefore, the matter has
been posted for further hearing. It is a fact that no hearing was so far been
conducted on Ext.P4. In the circumstances, I am inclined to allow the
prayers of the petitioners seeking a direction to the first respondent to
consider Exts.P4 and P5 together. Now that hearing was conducted on
Ext.P5 and it is posted for further hearing, I think the first respondent shall
issue notice to the first petitioner and hearing on Ext.P4 shall also be
conducted along with hearing on Ext.P5. Such cause of action will be
more convenient since the fifth respondent is also to be heard on both
these petitions . The first respondent is directed to take necessary steps in
terms of the above direction, and he shall consider Exts.P4 and P5 jointly
and pass orders thereon within a period of three months from the date of
receipt of a copy of this judgment.
This Writ Petition is disposed of accordingly.
(C.T. RAVIKUMAR, JUDGE)
spc
W.P.(C) NO.14448/2010 4
C.T. RAVIKUMAR, J.
W.P.(C). NO. 14448/2010
JUDGMENT
27th May, 2010
W.P.(C) NO.14448/2010 5