High Court Kerala High Court

T.Viji Williams vs The State Of Kerala Represented By … on 11 December, 2008

Kerala High Court
T.Viji Williams vs The State Of Kerala Represented By … on 11 December, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 36479 of 2008(P)


1. T.VIJI WILLIAMS, W/O.C.C.YELDHO MATHOOSE
                      ...  Petitioner

                        Vs



1. THE STATE OF KERALA REPRESENTED BY THE
                       ...       Respondent

2. THE ASSISTANT EDUCATIONAL OFFICER,

3. THE ASSISTANT EDUCATIONAL OFFICER,

4. THE CORPORATE MANAGER, MALABAR

5. THE HEADMASTER, S.C.U.P.SCHOOL,

6. THE DIRECTOR OF PUBLIC INSTRUCTION

7. THE DEPUTY DIRECTOR OF EDUCATION,

                For Petitioner  :SRI.V.A.MUHAMMED

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :11/12/2008

 O R D E R
                     ANTONY DOMINIC, J

    -----------------------------------------------------------
                    W.P.(C).No.36479/2008
    -----------------------------------------------------------
          Dated this the 11th   day of December, 2008


                           JUDGMENT

By Ext.P1 order, the 4th respondent appointed the

petitioner as LPSA, with effect from 1.6.2007.

Subsequently, by Ext.P2 order, with effect from 16.7.2007,

the petitioner was transferred to another school under the

same management within the Trithala Educational Sub

District. According to the petitioner, though a proposal for

approval was made to the 3rd respondent, in Ext.P4

communication the 3rd respondent took the stand that

certain documents for considering the request for approval

were not received and therefore he is not in a position to

consider the same. Petitioner submits that, the documents

were still available with the Manager and the representation

made to him did not evoke any result. In these

WP(c).No.36479/08 2

circumstances, the petitioner approached the 6th

respondent by filing Ext.P7 and in this writ petition what is

sought for is a direction to the 6th respondent to consider

and pass orders on Ext.P7, taking note of Ext.P1, by which,

approval was granted by the 2nd respondent for his initial

appointment.

2. Having regard to the aforesaid factual situation and

taking note of the fact that Ext.P7 has been filed before the

6th respondent invoking the power under Rule 8-A of

chapter XIV-A KER, it is for the 6th respondent to consider

and pass orders on Ext.P7 with notice to the petitioner and

the 4th respondent. This shall be done as expeditiously as

possible and at any rate within 8 weeks from the date of

production of a copy of the judgment along with a copy of

the writ petition.

Petitioner shall produce a copy of the judgment along

with a copy of the writ petition before the 6th respondent

for compliance.

ANTONY DOMINIC
JUDGE

vi.

WP(c).No.36479/08 3