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Preethakumary P.G. vs District Educational Officer on 17 July, 2008

Kerala High Court
Preethakumary P.G. vs District Educational Officer on 17 July, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 21609 of 2008(V)


1. PREETHAKUMARY P.G., H.S.A. (NS)
                      ...  Petitioner

                        Vs



1. DISTRICT EDUCATIONAL OFFICER
                       ...       Respondent

2. DEPUTY DIRECTOR OF EDUCATION

3. DIRECTOR OF PUBLIC INSTRUCTIONS

4. MANAGER

                For Petitioner  :SRI.S.MUHAMMED HANEEFF

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.T.SANKARAN

 Dated :17/07/2008

 O R D E R
                                K.T. SANKARAN,J.
                           --------------------------------------
                           W.P.(C) No.21609 of 2008 V
                           --------------------------------------
                       Dated this the 17th day of July, 2008.

                                  J U D G M E N T

In the manner in which I propose to dispose of the Writ

Petition, it is not necessary to issue notice to fourth respondent. Government

Pleader takes notice for respondents 1 to 3.

2. The petitioner states that she was appointed as High

School Assistant (Natural Science) in the fourth respondent’s school for the

period from 22.7.1993 to 7.6.1998 in the leave vacancy of Shri Alexander

Panicker, who availed leave without allowance for a period of five years. The

appointment of the petitioner was approved as per Ext.P1 order dated

22.7.1993. Shri Alexander Panicker sought for extension of leave for a further

period of five years from 8.6.1998 to 7.6.2003. Petitioner was again appointed

in that vacancy and that appointment was approved as per Ext.P2 order dated

8.6.1998. Shri Alexander Panicker again applied for extension of leave for a

further period of three years from 8.6.2003 to 7.6.2006 and it was granted.

Accordingly the petitioner was again appointed in that vacancy. That

appointment was also approved as per Ext.P3 order dated 8.6.2003.

WP(C) No.21609/2008

2

2. It is stated that Shri Alexander Panicker did not join

duty after leave on 8.6.2006. His leave was not extended thereafter. Though

he applied for voluntary retirement, that request was not granted. He

unauthorisedly absented from duty. He would have retired on superannuation

on 31.3.2008 if he had continued in service, states the petitioner. The

petitioner continued in service even after 8.6.2006. The Manager placed the

matter for approval before the District Educational Officer. It is stated that the

District Educational Officer did not grant approval on the ground that there was

no established vacancy. The order passed by the District Educational Officer

was confirmed by the Deputy Director of Education. Petitioner has filed Ext.P4

appeal dated 12.5.2008 before the Director of Public Instruction, challenging the

order passed by the Deputy Director of Education. Ext.P4 appeal is pending

disposal.

3. The reliefs prayed for in the Writ Petition are the

following:-

“a. Issue a writ of mandamus

or any other appropriate writ order or direction

directing the respondents no.1 to 3 to approve

the appointment of the petitioner from 08-06-

2006 onwards and sanction and disburse salary

to her without any further delay.

WP(C) No.21609/2008

3

b. Issue a writ of mandamus

or any other appropriate writ order or direction

directing the 3rd respondent to consider and

pass orders on Ext.P4 statutory appeal in

accordance with law within the time limit fixed

by this Hon’ble Court and after hearing the

petitioner.

c. Issue such other

appropriate writ, order or direction, as this

Hon’ble Court deems ft and proper in the facts

and circumstances of the case.”

4. The learned counsel for the petitioner submits that the

petitioner would be satisfied, for the present, if a direction is issued to the

Director of Public Instruction to dispose of Ext.P4 appeal within a time frame,

leaving open the other remedies to be worked out at appropriate stage.

In the facts and circumstances of the case, the Writ Petition is

disposed of as follows:-

(i) The Director of Public Instruction shall dispose of Ext.P4

appeal, after affording an opportunity of being heard to the petitioner and the

fourth respondent Manager, as expeditiously as possible and at any rate within

a period of two months.

WP(C) No.21609/2008

4

(ii) The petitioner shall produce a copy of the Writ Petition and

certified copy of the judgment before the Director of Public Instruction.

(iii) The petitioner shall send a copy of the judgment to the

fourth respondent by registered post, and shall produce proof of the same

before the Director of Public Instruction.

K.T. SANKARAN,
JUDGE.

cks

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