Petitioner, an appointed Upper Primary School Assistant, challenged the refusal to approve his appointment citing a protected teacher requirement. Court directed the State to expedite a representation within three months.
Court directed the 1st respondent to consider and pass orders on Ext.P5 expeditiously, within three months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE S.SIRI JAGAN
TUESDAY, THE 27TH SEPTEMBER 2011 / 5TH ASWINA 1933
WP(C).No. 10719 of 2006(A) --------------------------
PETITIONER(S): ---------------
VEENAKRISHNAN, U.P.S.A. CAPT. N.P.P.M.V.H.S.S., KATTACHIRA, PALLICKAL, (RESIDING AT AIKARETHU HOUSE, KATTACHIRA, PALLICKAL P.O., ALAPPUZHA DISTRICT.
BY ADV. SRI.R.SANTHOSH BABU
RESPONDENT(S): ---------------
1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM.
2. DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM.
3. ADDITIONAL DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM.
4. DY. DIRECTOR OF EDUCATION, ALAPPUZHA.
5. DISTRICT EDUCATIONAL OFFICER, MAVELIKKARA.
6. MANAGER, N.P.P.M.V.H.S. KATTACHIRA, PALLICKAL.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
S.SIRI JAGAN, J.
==================
W.P.(C).No. 10719 of 2006
==================
Dated this the 27th day of September, 2011 J U D G M E N T
The petitioner was appointed as an Upper Primary School Assistant in the 6th respondent's school by Ext.P1 order with effect from 2.6.2004. The same was refused to be approved on the ground that, in accordance with clause (iii) of Ext.P2 order, a protected teacher ought to have been appointed to that vacancy. In respect thereof, pursuant to Ext.P3 judgment, the petitioner filed a representation before the 3rd respondent, who rejected the claim of the petitioner in that regard. Later, the appointment of the petitioner as UPSA was approved with effect from 5.6.2006. The present writ petition is filed by the petitioner for approval of the petitioner's appointment for the period from 2.6.2004 to 5.6.2006. To sustain the claim of the petitioner, the petitioner also challenges clause (iii) of Ext.P2 order, based on which, the petitioner's appointment was refused to be approved. After arguing for some time, the learned counsel for the petitioner confines relief for a direction to the 1st respondent to consider and pass orders on Ext.P5 expeditiously.
Having heard the learned Government Pleader also, I dispose of this writ petition with a direction to the 1st respondent to consider and pass orders on Ext.P5, as expeditiously as possible, at any rate, within
w.p.c.10719/06 2
three months from the date of receipt of a certified copy of this judgment. The petitioner shall forward a copy of the writ petition along with a certified copy of this judgment to the 1st respondent for compliance. If Ext.P5 representation of the petitioner is not traceable in the files of the 1st respondent, the 1st respondent shall consider the representation on the basis of the copy of Ext.P5 available in the paper book of the writ petition.
sdk+
Sd/S.SIRI JAGAN, JUDGE
///True copy///
P.A. to Judge
3
w.p.c.10719/06
W.P.(C).No.10719/2006
APPENDIX
PETITIONER(S)' EXHIBITS
///True copy///
P.A. to Judge
w.p.c.10719/06 4
3 issues framed by the court
Whether the petitioner is entitled to approval of appointment for the period from 2.6.2004 to 5.6.2006.
Whether clause (iii) of Ext.P2 order should be challenged.
Whether the 1st respondent must consider Ext.P5 expeditiously.
Colour shows how this judgement treated each authority
W.P.(C).No. 9504/2005Relied on¶23
VEENAKRISHNAN
STATE OF KERALA
DIRECTOR OF PUBLIC INSTRUCTIONS
ADDITIONAL DIRECTOR OF PUBLIC INSTRUCTIONS
DY. DIRECTOR OF EDUCATION
DISTRICT EDUCATIONAL OFFICER
S.SIRI JAGAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
