IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 10210 of 2009(U)
1. SINI JOY, W/O.P.K. ALEXANDER,
... Petitioner
Vs
1. DIRECTOR OF PUBLIC INSTRUCTION,
... Respondent
2. DISTRICT EDUCATIONAL OFFICER,
3. ASSISTANT EDUCATIONAL OFFICER,
4. CORPORATE MANAGER,
5. ANNIE G. VARGHESE, ANNIE BHAVAN,
For Petitioner :SRI.S.SUBHASH CHAND
For Respondent : No Appearance
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :30/03/2009
O R D E R
P.N.Ravindran, J.
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W.P.(C) No.10210 of 2009
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Dated this the 30th day of March, 2009.
JUDGMENT
Heard Sri. S.Subhash Chand, the learned counsel appearing for the
petitioner and Sri. A.J.Varghese, the learned Government Pleader
appearing for respondents 1 to 3. In the nature of the order that I
propose to pass, it is not necessary to issue notice to and hear
respondents 4 and 5.
2. The petitioner is presently working as Lower Primary School
Assistant (LPSA for short) in St.Mary’s Mahila Mandiramam Upper Primary
School, Adoor managed by the fourth respondent. A regular vacancy of
LPSA arose in the school on 1.6.2007. In that vacancy, instead of
accommodating the petitioner, the Manager appointed the fifth
respondent, a B.Ed. degree holder as UPSA. The Assistant Educational
Officer declined to approve the said appointment on the ground that the
vacancy of UPSA ought to have been filled up by accommodating a
protected teacher. The appeal filed therefrom was dismissed and the
Manager has filed Ext.P16 revision petition before the Director of Public
Instruction. The petitioner has filed Ext.P18 representation before the
WP(C) 10210/09 -: 2 :-
Director of Public Instruction staking her claim for appointment as LPSA
in the regular vacancy that arose on 1.6.2007 in the place of the fifth
respondent.
3. In this Writ Petition, the petitioner inter alia prays for a
direction to the Director of Public Instruction to pass orders on Ext.P16
revision petition and Ext.P18 representation within a time limit to be
fixed by this Court. The pleadings disclose that the fifth respondent was
appointed as UPSA against a regular vacancy of LPSA that arose on
1.6.2007 and that the Educational Officers have declined to approve the
said appointment. The Manager has filed Ext.P16 revision petition under
Rule 8A of Chapter XIV A of the Kerala Education Rules. The
appointment was made on 1.6.2007 and was rejected on 1.11.2008.
Since more than one year has passed after the fifth respondent was
appointed, it is only desirable that the Director passes final orders in the
matter expeditiously.
I accordingly dispose of this Writ Petition with a direction to the
Director of Public Instruction to pass orders on Ext.P16 revision petition
filed by the Manager and Ext.P18 representation filed by the petitioner
after notice to and affording the petitioner and respondents 4 and 5 a
reasonable opportunity of being heard. Final orders in the matter shall
be passed within four months from the date on which the petitioner
produces a certified copy of this judgment. The petitioner shall in order
to enable the Director of Public Instruction to act as directed above,
WP(C) 10210/09 -: 3 :-
produce before him a certified copy of this judgment along with a copy
of this Writ Petition. This shall be done expeditiously and in any event,
within two weeks from the date on which the petitioner receives a
certified copy of this judgment.
P.N.Ravindran,
Judge.
ess