High Court Kerala High Court

Sreelekha vs State Of Kerala on 2 April, 2008

Kerala High Court
Sreelekha vs State Of Kerala on 2 April, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 10788 of 2008(H)


1. SREELEKHA,
                      ...  Petitioner
2. K. ALIYARU KUNJU,

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

2. THE DIRECTOR OF PUBLIC INSTRUCTION,

3. THE DISTRICT EDUCATIONAL OFFICER,KOLLAM.

4. THE ASSISTANT EDUCATIONAL OFFICER,

                For Petitioner  :SRI.R.SATISH KUMAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :02/04/2008

 O R D E R
                         S.SIRI JAGAN, J.
                     =======================
                      W.P.(C) No.10788 of 2008 (H)
                     =======================

                 Dated this the 2nd day of April, 2008


                            JUDGMENT

The petitioner was appointed as a Sewing Teacher by the

2nd petitioner in the Vazhappally LP School on 17.6.2005.

However, the 4th respondent AEO refused to approve the same.

The manager’s appeal to the Deputy Director of Education did not

meet with success. Therefore, the petitioner filed a revision

before the Government, which was also rejected by Ext.P3 letter.

The petitioners’ contention is that the rule as it stood prior to the

amendment on 25.6.2005 permitted appointment of the

petitioner and therefore the amendment made on 25.6.2005

cannot affect the validity of the appointment of the petitioner.

2. I have heard the contentions of the petitioner. I note

that Rule 2 of Chapter XXIII was amended with retrospective

effect from 6.3.1979, as a result of which the 1st petitioner’s

appointment becomes against the amended provisions. The 1st

petitioner has not challenged the retrospective amendment also.

W.P.(C) No.10788/2008/H -2-

In the above circumstances, there is no merit in the contentions

of the petitioners and accordingly, the same is dismissed.

Sd/-

S.SIRI JAGAN,
JUDGE

jp

/True copy/

P.A. to Judge