Writ petitioner sought promotion as Headmistress after passing an amendment. Court dismissed petition as petitioner had crossed retirement age and failed to show post-amendment vacancies arising after the 4th respondent's promotion.
None granted; 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 SMT. JUSTICE P.V.ASHA
THURSDAY, THE 24TH DAY OF NOVEMBER 2016/3RD AGRAHAYANA, 1938
WP(C).No. 10583 of 2008 (I)
PETITIONER(S):
LEELAVATHY AMMA P. LPSA, AUPS EZHUMANGAD, PALAKKAD DISTRICT
BY ADV. SRI.P.BHASKARAN
RESPONDENT(S):
1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL EDUCTION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.
2. THE ASSISTANT EDUCATIONAL OFFICER THRITHALA, PALAKKAD DISTRICT
3. THE MANAGER, AUPS, EZHUMANGAD, PALAKKAD DISTRICT
4. M.NANDINI, LPSA, AUPS EZHUMANGAD PALAKKAD DISTRICT.
BY SENIOR GOVERNMENT PLEADER SRI.SANTHOSH PETER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24-11-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).NO.10583 OF 2008
APPENDIX
PETITIONER'S EXHIBITS:
EXT.P1 : TRUE COPY OF THE ORDER DATED 02.02.1977 BY WHICH THE PETITIONER WAS APPOINTED AS ASSISTANT TEACHER.
EXT.P2 : TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DT.06.06.2005
EXT.P3 : TRUE COPY OF THE INTERIM ORDER DATED 07.07.2005 IN WP(C) NO.20233/2005 OF THE HONOURABLE HIGH COURT.
EXT.P4 : TRUE COPY OF THE NOTIFICATION DATED 25.01.2008 WHICH BROUGHT IN AMENDMENT TO RULE 45 CHAPTER XIV OF KER.
EXT.P5 : TRUE COPY OF THE REPRESENTATION DATED 15.03.2008 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.
RESPONDENT'(S) EXHIBITS: NIL
// TRUE COPY//
P A TO JUDGE
sm/
P.V.ASHA, J.
W.P.(C) No.10583 of 2008
Dated this the 24th day of November, 2016
JUDGMENT
The petitioner has filed this writ petition for a direction to the 2nd respondent to promote the petitioner as Headmistress in the light of Ext.P4 notification. It is seen from the affidavit that the petitioner was aged 53 years at the time of filing the writ petition in the year 2008. Therefore, the petitioner has already crossed the age of retirement at the age of 56 apparently in the year 2011. More over, it is seen that the petitioner has not stated as to whether any vacancy arose subsequent to the amendment to KER, even though claim is raised as against the 4th respondent who was already promoted in the year 2005. The petitioner would not have been able to get promotion on the basis of the amendment displacing the 4th respondent who was promoted against the vacancy which arose in the year 2005. In the above circumstances, the writ petition is dismissed.
Sd/-
P.V.ASHA JUDGE
rkc
1 issue framed by the court
Whether the petitioner is entitled to promotion as Headmistress by virtue of an amendment to the Kerala Rules.
LEELAVATHY AMMA P.
STATE OF KERALA
THE ASSISTANT EDUCATIONAL OFFICER THRITHALA
THE MANAGER, AUPS, EZHUMANGAD
M.NANDINI
P.V.ASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
