IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 30618 of 2008(T)
1. SHINY ANTONY.A, AGED 33, W/O.STANLY
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. DIRECTOR OF HIGHER SECONDARY EDUCATION,
3. REGIONAL DEPUTY DIRECTOR OF HIGHER
4. CORPORATE MANAGER, CORPORATE EDUCATIONAL
For Petitioner :SRI.PAULSON THOMAS
For Respondent :SRI.S.MUHAMMED HANEEFF
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :11/12/2008
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) NO. 30618 OF 2008 (T)
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Dated this the 11th day of December, 2008
J U D G M E N T
Petitioner was working as Junior Sanskrit teacher and her
appointment was approved by Ext.P2 w.e.f. 15/9/03. While so, w.e.f.
15/7/04, by Ext.P1, petitioner was appointed as HSST(Junior), Sanskrit, in
the school under the same Corporate Agency, the 4th respondent herein.
It would appear that the post was not sanctioned as per the staff fixation
order, as a result of which approval also has not been obtained. Seeking
sanction of the post, Manager submitted Ext.P4 to the 1st respondent,
which was submitted through the 3rd respondent. The 3rd respondent in
turn forwarded Ext.P4 to the 2nd respondent. 2nd respondent instead of
forwarding Ext.P4 to the 1st respondent, rejected Ext.P4 as per Ext.P4(b).
Petitioner contends that it was impermissible for the 2nd respondent to
have considered Ext.P4 and rejected the same as he was expected only to
forward Ext.P4 to the 1st respondent. Though she challenges Ext.P4(b) on
that ground, it is seen that the petitioner herself has moved the 1st
respondent by filing Ext.P5, where request made by the Manager in Ext.P4
is once again reiterated.
2. Therefore, irrespective of whether Ext.P4 has been rejected by
WPC 30618/08
:2 :
the Director as per Ext.P4(b), still having regard to the fact that Ext.P5 is
pending before the 1st respondent, I direct the 1st respondent to consider
Ext.P5, with notice to the petitioner and the 4th respondent. This shall be
done, as expeditiously as possible, at any rate within 3 months of
production of a copy of this judgment along with a copy of this writ
petition.
Writ petition is disposed of as above.
ANTONY DOMINIC, JUDGE
Rp