V.K.Shibu vs State Of Kerala on 21 October, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 29266 of 2009(C)


1. V.K.SHIBU, S/O.K.KUNCHANDI,
                      ...  Petitioner

                        Vs



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

2. THE DISTRICT EDUCATION OFFICER,

3. THE DEPUTY DIRECTOR (EDUCATION)

4. THE DIRECTOR OF PUBLIC INSTRUCTIONS

5. THE MANAGER, MMC CO-OPERATIVE

6. SRI.BIJU, FULL TIME MENIAL,

7. SMT.ASHA, PART-TIME CONTIGENT MENIAL,

                For Petitioner  :SRI.M.V.THAMBAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR

 Dated :21/10/2009

 O R D E R
                     T.R. RAMACHANDRAN NAIR, J.
                      ~~~~~~~~~~~~~~~~~~~~~~~~~~~
                         W.P.(C). No.29266/2009-C
                      ~~~~~~~~~~~~~~~~~~~~~~~~~~~
                   Dated this the 21st day of October, 2009

                              J U D G M E N T

The petitioner herein is presently working as Full Time Menial in

St.George Ashram High School, Chayalodu, managed by the fifth

respondent. He was appointed as such on 01/03/2008. The approval of the

same was declined by Ext.P2 which was challenged by the Manager before

the Deputy Director of Education. The appeal was also dismissed as per

Ext.P3. Even though the Manager filed a further appeal, the same was

rejected by the Director of Public Instruction as per Ext.P5 order. The

petitioner has filed a revision petition against Ext.P5 before the Government

as per Ext.P12. The main contention raised by the petitioner is that going

by the Circulars issued by the Director of Public Instructions as well as the

Government, it is evident that there is no restriction for filling up vacancies

of non-teaching staffs in uneconomic schools. It is the matter for the

Government to decide while hearing the revision petition.

2. The learned Government Pleader on instructions submits that

Ext.P12 is pending before the Government.

W.P.(C). No.29266/2009
-:2:-

3. There will be a direction to the first respondent to consider

Ext.P12 and take appropriate decision after hearing the petitioner and the

Manager within a period of three months from the date of receipt of a copy

of this judgment.

The writ petition is disposed of as above. No costs.

(T.R. Ramachandran Nair, Judge.)

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