Petitioner challenged rejection of her appointment as H.S.A. (Malayalam) due to alleged absence of sanctioned post. Court held that with no sanctioned post for that academic year, authorities did not commit any error in rejecting the petition, and relief was denied.
Petitioner denied any relief; writ petition dismissed.
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 A.M.SHAFFIQUE
THURSDAY, THE 19TH DAY OF NOVEMBER 2015/28TH KARTHIKA, 1937
WP(C).No. 30540 of 2014 (N)
PETITIONER(S):
ANU JOSEPH, D/O.JOSEPH HENRY, VARADANAM, TC 34/1764(2), VALLAKKADAVU P.O., VALIATHURA, THIRUVANANTHAPURAM DISTRICT.
BY ADVS.SRI.P.N.MOHANAN SRI.C.P.SABARI
RESPONDENT(S):
1. DISTRICT EDUCATIONAL OFFICER, THIRUVANANTHAPURAM-695001.
2. DEPUTY DIRECTOR (EDUCATION), THIRUVANANTHAPURAM-695001.
3. DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695001.
4. GOVERNMENT OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.
5. THE MANAGER,
R1-R4 BY GOVERNMENT PLEADER SRI.P.P.PADMALAYAN R5 BY ADV. SRI.K.N.AJAYAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PJ
WP(C).No. 30540 of 2014 (N)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT-P1: A TRUE COPY OF THE LETTER DATED 17.6.2008 OF THE FIRST RESPONDENT.
EXHIBIT-P2: A TRUE COPY OF THE ORDER DATED 6.2.2009 OF THE DEPUTY DIRECTOR.
EXHIBIT-P3: A TRUE COPY OF THE ORDER DATED 19.8.2009 OF THE DPI.
EXHIBIT-P4: A TRUE COPY OF THE REVISION PETITION FILED BY THE PETITIONER BEFORE THE GOVERNMENT. EXHIBIT-P5: A TRUE COPY OF THE ORDER DATED 10.9.2014 OF THE GOVERNMENT.
RESPONDENT(S)' EXHIBITS
NIL.
/ TRUE COPY /
P.S. TO JUDGE
PJ
**A.M.SHAFFIQUE, J * * * * * * * * * * * *** W.P.C.No.30540 of 2014
Dated this the 19th day of November 2015
J U D G M E N T
Petitioner challenges Exts.P1, P2, P3 and P5 by which the request of the petitioner for approval of her appointment has been rejected on the ground that there is no sanctioned post.
W.P.C.No.30540/2014
2
the Government. Government also rejected the same by Ext.P5 on the ground that there is no sanctioned post.
W.P.C.No.30540/2014
3
Under such circumstances, I do not think that the petitioner is entitled for any relief, as prayed for. Accordingly, the writ petition is dismissed.
(sd/-)
(A.M.SHAFFIQUE, JUDGE)
jsr
3 issues framed by the court
Whether the petitioner is entitled to relief for rejection of her appointment proposal on the ground of no sanctioned post.
Whether Rule 8(2) of Kerala Educational Rules requiring approval within 30 days bars rejection after one year due to lack of sanctioned post.
Whether staff fixation can be done without a sanctioned post for the academic year.
Anu Joseph
District Educational Officer, Thiruvananthapuram
Deputy Director (Education), Thiruvananthapuram
Director of Public Instructions, Thiruvananthapuram
Government of Kerala, Represented by Secretary to Government, General Education Department
The Manager, St. Antony's Higher Secondary School, Valiathura
A.M. Shaiffique
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
