Kerala High Court
Binu.K.Joseph vs The State Of Kerala on 1 June, 2010
Author: C.K.Abdul Rehim
Bench: C.K.Abdul Rehim
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM
WEDNESDAY, THE 9TH DAY OF APRIL 2014/19TH CHAITHRA, 1936
WP(C).No. 10646 of 2014 (E)
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PETITIONER(S):
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BINU.K.JOSEPH, AGED 35 YEARS
W/O.SOJI.J.PETER, LOWER PRIMARY SCHOOL ASSISTANT
ST.TERESA'S HIGH SCHOOL, MANAPPURAM PO, MANAPPURAM
CHERTHALA 688 526.
BY ADVS.SRI.V.A.MUHAMMED
SRI.M.SAJJAD
SRI.V.RAJASEKHARAN NAIR
RESPONDENT(S):
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1. THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT
GENERAL EDUCATION DEPARTMENT, SECRETARIAT
THIRUVANANTHAPURAM 695 001.
2. THE DIRECTOR OF PUBLIC INSTRUCTIONS
JAGATHY, THIRUVANANTHAPURAM 695 014.
3. THE DEPUTY DIRECTOR OF EDUCATION
ALAPPUZHA DISTRICT 688 001.
4. THE DISTRICT EDUCATIONAL OFFICER
CHERTHALA, ALAPPUZHA DISTRTICT 688 526
5. THE CORPORATE MANAGER
SECRET HEART CORPORATE EDUCATIONAL AGENCY OF CMI SCHOOLS
PO RAJAGIRI, KALAMASSERY 683 104.
BY SR.GOVERNMENT PLEADER SRI.FAYAZ M.A.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09-04-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 10646 of 2014 (E)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1 TRUE COPY OF THE APPROVED APPOINTMENT ORDER OF THE
PETITIONER DATED 1/6/2010
EXHIBIT P2 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER
DATED 28/10/2011
EXHIBIT P3 TRUE COPY OF THE ORDER OF THE DEPUTY DIRECTOR OF
EDUCATION DATED 12/12/2012
EXHIBIT P4 TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT DATED
25/6/2013
EXHIBIT P4(A) TRUE COPY OF THE GOVERNMENT LETTER DATED 25/10/2011
EXHIBIT P5 TRUE COPY OF THE GO(P) NO.31/2006/G.EDN.DATED 19/1/2006 OF
THE GOVERNMENT
EXHIBIT P6 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER
DATED 1/11/2012
EXHIBIT P7 TRUE COPY OF THE REVISION PETITION FILED BEFORE THE
GOVERNMENT DATED 24/3/2014
EXHIBIT P8 TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT DATED
10/12/2013
//True Copy//
P.S. To Judge
Mrcs
C.K.ABDUL REHIM,J.
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WP(C).NO. 10646 of 2014
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Dated this the 9th day of April, 2014
JUDGMENT
The petitioner was appointed as LPSA in the 5th respondent's school for the period from 28.10.2011 to 30.9.2012, in a leave vacancy of one Smt. Leena Jose. Approval of the appointment was rejected by the Educational Officer stating the reason that the appointment of a senior claimant was pending approval. The Deputy Director had confirmed the order in appeal. A revision petition filed before the 2nd respondent by the petitioner was disposed of through Ext.P4. The 2nd respondent had approved the appointment only on daily wage basis, relying on Ext. P4 (a) Government letter stating that the appointment made after 1.10.2011 cannot be approved on a regular basis. Appointment of the petitioner for a subsequent period from 1.11.2012 to 31.10.2013 was also pending approval, despite the proposal submitted by the Manager as per Ext.P6. Aggrieved by Ext.P4 order of the 2nd respondent refusing approval of appointment on a scale of pay basis and also aggrieved by non WP(C).10646 /2014 2 approval of the appointment for the subsequent period, the petitioner had approached the 1st respondent in a revision petition, as per Ext.P7. Inter alia, the petitioner seeks direction for an early disposal of Ext.P7.
2. Heard; learned Government Pleader appearing on behalf of respondents 1 to 4. Considering pendency of the statutory revision before the 1st respondent, this court is not proposing to adjudicate the issue on merits. A direction for early disposal of the revision petition would suffice to meet the ends of justice.
3. Therefore the writ petition is disposed of by directing the 1st respondent to consider and to dispose of Ext.P7 revision petition, after affording opportunity of personal hearing to the petitioner and the Manager. The revision petition shall be disposed of at the earliest possible, at any rate within a period of two months from the date of receipt of a copy of this judgment.
C.K.ABDUL REHIM, JUDGE
pmn/
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