IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 3970 of 2011(U)
1. NITHYA N.V.,
... Petitioner
Vs
1. THE STATE OF KERALA,
... Respondent
2. THE DEPUTY DIRECTOR OF EDUCATION,
3. THE ASSISTANT EDUCATIONAL OFFICER,
4. THE MANAGER,
For Petitioner :SRI.V.A.MUHAMMED
For Respondent : No Appearance
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :08/02/2011
O R D E R
T.R. RAMACHANDRAN NAIR, J.
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W.P.(C). No.3970/2011-U
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Dated this the 8th day of February, 2011
J U D G M E N T
The petitioner was appointed as U.P.S.A in M.M.U.P
School, Kuppam managed by the fourth respondent from
01/06/2009 in a retirement vacancy of Shri
P.V.Balakrishnan who retired as U.P.S.A on 31/03/2009.
According to the petitioner, it is an established
vacancy in the retirement post as evident from Ext.P2.
The approval of the same was rejected for the reason
that one Shri T.V.Muhammed Ameen was working as U.P.S.A
with effect from 19/07/2007 onwards without getting
approval, who was appointed against an additional
vacancy created in the year 2007-08. The petitioner
filed an appeal against the same before the Deputy
Director of Education as per Ext.P4. Ext.P5 is the
copy of the order of Staff Fixation for the year 2009-
10 since the Deputy Director of Education has not taken
any action in the matter, the petitioner has filed a
revision petition also as per Ext.P6 before the
Government.
W.P.(C). No.3970/2011
-:2:-
2. Heard the learned counsel for the petitioner
and the learned Government Pleader. Since the appeal
itself is pending before the Deputy Director of
Education, there will be a direction to the second
respondent to take a decision on Ext.P4 appeal with
notice to the petitioner, Manager and any other
affected parties within a period of two months from the
date of receipt of a copy of this Judgment. The
petitioner will produce a copy of the writ petition
along with a copy of the Judgment before the second
respondent for compliance. The writ petition is
disposed of as above. No costs.
Sd/-
(T.R. Ramachandran Nair, Judge.)
ms
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P.A TO JUDGE