Petitioner challenged failure in appointment. Court held merits not to be dealt with. Disposed writ directing Additional 5th Respondent to consider pending appeal after hearing parties within two months.
Petitioner to appear before Additional 5th Respondent with judgment and I.A. No. 15165/2012 copy for further proceedings within two 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 P.R.RAMACHANDRA MENON
FRIDAY, THE 16TH DAY OF NOVEMBER 2012/25TH KARTHIKA 1934
WP(C).No. 9889 of 2012 (I)
PETITIONER(S):
BINITHA KOCHUMON K., AGED 24 YEARS HIGH SCHOOL ASST.(ENGLISH) ST.GEORGE HIGH SCHOOL THOZHIYOOR-680520
BY ADV. SMT.VANAJA MADHAVAN
RESPONDENT(S):
1. THE D.E.O
2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM PIN-695001
3. THE SECRETARY GENERAL EDUCATION DEPARTMENT, GOVERNMENT OF KERALA THIRUVANANATHAPURAM PIN-695001.
4. THE CORPORATE MANAGER
TRICHUR, PIN - 680001.
ADDL. R5 IS IMPLEADED AS PER ORDER DATED 30/07/2012 IN IA 10200/2012.
DCS
WP(C).No. 9889 of 2012 (I)
*** ADDL. R6 IMPLEADED**
R6. CYRIL MAR BASELIOSE, AGED 54 YEARS, S/O.KUTHOOR CHUMMAR, METROPOLITAN MALABAR INDEPENDENT SYRIAN CHURCH, THOZHIYOOR.P.O. THRISSUR DISTRICT -682 520.
ADDL. R6 IS IMPLEADED AS PER ORDER DATED 17/08/2012 IN IA 10273/2012.
R1 TO R3, R5 BY GOVERNMENT PLEADER SMT. LOWSY A R6 BY ADVS. SMT.DAISY A.PHILIPOSE SRI.JAI GEORGE
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16-11-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
DCS
WP(C).No. 9889 of 2012 (I)
APPENDIX
PETITIONER(S) EXHIBITS:-
EXT.P2:COPY OF THE PROPOSAL FOR APPROVAL OF APPOINTMENT DTD 9/6/2011
EXT.P8 (IN I.A. NO. 15165/2012):PHOTOCOPY OF APPEAL PETITION DATED 13.06.2012
EXT.P9:PHOTOCOPY OF PROCEEDINGS OF THE ADDL. DIRECTOR OF PUBLIC INSTRUCTIONS (GEL) THIRUVANANTHAPURAM
RESPONDENTS' EXHIBITS:- NIL
/TRUE COPY/
P.A. TO JUDGE
DCS
P.R.RAMACHANDRA MENON, J
W.P.(C) NO. 9889 of 2012(I)
Dated this the 16th day of November, 2012
JUDGMENT
The petitioner has sought to issue a writ of mandamus directing the 1st respondent/DEO Chavakkad to approve the appointment of the petitioner as HSA(English) in St. George High School, Thozhiyoor from 01.06.2011 onwards and to disburse salary and allowances accordingly.
W.P.(C) NO. 9889 of 2012(I) 2
time being, for the fact that the merits of the case are not proposed to be dealt with by this Court.
The petitioner shall produce a copy of the judgment along with a copy of the I.A. No. 15165/2012 before the additional 5th respondent for further steps.
SD/-
P.R.RAMACHANDRA MENON,
JUDGE
DCS
3 issues framed by the court
Whether the dispute regarding the petitioner's appointment is appropriate for adjudication by a writ court or should be disposed of by the administrative authority via the appeal mechanism.
Whether the Additional 5th respondent is directed to consider the appeal and pass appropriate orders.
Whether the petitioner was required to be given an opportunity of hearing before the additional 5th respondent.
Binitha Kochumon K.
District Educational Officer Chavakkad
Director of Public Instructions, Thiruvananthapuram
Secretary General Education Department
Malabar Independent Syrian Church Educational Society
Deputy Director of Education, Trichur
P.R.Ramachandra Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
