Liji Jose.P vs The State Of Kerala on 18 August, 2008

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Kerala High Court

Liji Jose.P vs The State Of Kerala on 18 August, 2008

Bench: K.T.Sankaran

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 21534 of 2008(L)


1. LIJI JOSE.P., 31 YEARS
                      ...  Petitioner

                        Vs



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

2. THE DIRECTOR OF PUBLIC INSTRUCTION

3. THE DISTRICT EDUCATIONAL OFFICER,

4. THE MANAGER, HIGH SCHOOL,

5. SHERINE, H.S.A.(MAL.), HIGH SCHOOL

6. BEENA, H,S,A,MAL), HIGH SCHOOL,

7. LEENA, HSA(MAL), HIGH SCHOOL

                For Petitioner  :SRI.V.A.MUHAMMED

                For Respondent  :SRI.RAJIT

The Hon'ble MR. Justice K.T.SANKARAN

 Dated :18/08/2008

 O R D E R
                              K.T.SANKARAN, J.
                      --------------------------------------------
                      W.P.(C) NO. 21534 OF 2008 L
                      --------------------------------------------
                    Dated this the 18th August, 2008

                                 JUDGMENT

The petitioner was appointed as HSA (Malayalam) with effect from 11.9.2006 to 10.11.2006 in H.S.Thiruvalayannur in a leave vacancy. The District Educational Officer, as per Ext.P1 order dated 14.3.2007, rejected the proposal for approval of appointment of the petitioner. Challenging Ext.P1 order the Manager has filed Ext.P2 appeal and the petitioner has filed Ext.P3 appeal before the Director of Public Instruction. Exts.P2 and P3 appeals are pending disposal.

2. Again the petitioner was appointed as HSA (Malayalam) with effect from 4.6.2007. The District Educational Officer rejected the proposal for appointment of the petitioner as HSA, as per Ext.P5 order dated 15.2.2008. Challenging Ext.P5 order, the petitioner has filed Ext.P6 appeal before the Director of Public Instruction. Ext.P6 appeal is also pending disposal.

3. The reliefs prayed for in the Writ Petition are the following:

"a) Call for the records relating to Ext.P1 and P5 and quash the original of the same by the issuance of Writ of certiorari or other appropriate Writ or order.

W.P.(C) NO.21534 OF 2008 :: 2 ::

b) Issue a Writ of mandamus or other appropriate Writ order or direction commanding the 3rd respondent to approve the appointment of the petitioner as H.S.A. (Mal) with effect from 11.9.2006 to 10.11.06 and

4.6.07 onwards and disburse salary and allowances to the petitioner forthwith.

c) Direct the 2nd respondent to effectively consider and pass appropriate orders upon Ext.P2, P3 & P6 after affording an opportunity of being heard to the petitioner within a time limit.

d) Pass such other order or direction which this Hon'ble Court may deem fit and proper to grant in the Circumstances of the case."

4. Learned counsel for the petitioner submits that the petitioner confines her relief to relief (c), for the present. Learned Government Pleader submitted that the Director of Public Instruction will dispose of Exts.P2, P3 and P6 within a period of three months.

In the facts and circumstances of the case, the Writ Petition is disposed of as follows:

a) The Director of Public Instruction shall dispose of Exts.P2, P3 and P6, after affording an opportunity of being heard to the petitioner, the Manager and respondents 5 to 7, as expeditiously as possible and, at any rate, within a period of three months.

W.P.(C) NO.21534 OF 2008 :: 3 ::

b) The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the Director of Public Instruction.

c) The parties will be entitled to produce such other materials and documents before the Director of Public Instruction in support of their respective contentions.

(K.T.SANKARAN) Judge ahz/

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