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Ajayakumar.V.S vs State Of Kerala

High Court Of Kerala|11 June, 2014
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JUDGMENT / ORDER

The petitioner was appointed as Upper Primary School Assistant (UPSA for short) by the third respondent Manager as per Ext.P1 appointment order dated 1.6.2010 in the retirement vacancy of Smt.P.Vimalamma who retired from service on 31.3.2010. Though the Manager submitted a proposal in time, orders were not passed in the matter on the ground that W.P.(C)No.27519 of 2011 filed by a rule 51B claimant was pending in this Court. The said writ petition was dismissed by Ext.P2 judgment delivered on 19.10.2012. Though the petitioner therein filed W.A.No.348 of 2013 before a Division Bench of this Court, the appeal was dismissed by Ext.P3 judgment delivered on 6.3.2013.
2. After the writ petition was dismissed and while the writ appeal was pending, the Assistant Educational Officer, Sasthamkotta approved the petitioner's appointment as UPSA with effect from 1.10.2011. The petitioner did not challenge the said order in time. Later, after the writ appeal filed from Ext.P2 judgment was dismissed, she filed Ext.P4 revision petition dated
W.P.(C)No.14738 of 2014
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25.2.2014 before the Secretary to Government, General Education Department invoking the Government's jurisdiction under rule 92 Chapter XIV-A of the Kerala Education Rules and requesting the Government to approve her appointment with effect from 1.6.2010 onwards, in modification of the order passed by the Assistant Educational Officer. In this writ petition, the petitioner inter alia prays for a direction to the State Government to dispose of Ext.P4 revision petition within a time limit to be fixed by this Court.
3. When the writ petition came up for hearing today, Sri.V.Vijulal, learned Senior Government Pleader appearing for the State of Kerala submitted that if the original of Ext.P4 revision petition has been received by the Government and it is pending, the Government will examine the same and take an expeditious decision thereon after affording the petitioner an opportunity of being heard. In the light of the aforesaid submission, I dispose of the writ petition with a direction to the State Government to dispose of Ext.P4 revision petition dated 25.2.2014, if the original thereof has been received and is pending as on today, expeditiously and in any event within an outer limit of four months from the date on which the petitioner produces a copy of this judgment along with a copy of the writ petition complete in all aspects before the Secretary to Government, General Education Department. The Government shall
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before disposing of the writ petition issue notice to and afford the petitioner, the Assistant Educational Officer concerned and the Manager of the school an opportunity of being heard and shall after orders are passed, communicate copies thereof to all the parties.
Sd/-
P.N.RAVINDRAN JUDGE vpv
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Title

Ajayakumar.V.S vs State Of Kerala

Court

High Court Of Kerala

JudgmentDate
11 June, 2014
Judges
  • P N Ravindran
Advocates
  • Sri John Joseph
  • Vettikad Sri
  • C Joseph
  • Johny