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Jency Joy vs State Of Kerala

High Court Of Kerala|18 June, 2014
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JUDGMENT / ORDER

The petitioners are presently working as Lower Primary School Assistants in A.U.P. School, Vazhapppully. Aggrieved by Ext.P2 staff fixation order for the year 2013-2014, they filed Exts.P2 and P3 revision petitions before the Director of Public Instruction. In this writ petition, the petitioners, inter alia, seek a direction to the Director of Public Instruction to consider and dispose of Exts.P3 and P4 revision petitions after affording them an opportunity of being heard, within a time limit to be fixed by this Court. 2. When the writ petition came up for hearing on admission on 09.06.2014, the learned Government Pleader was directed to ascertain whether the fifth respondent has moved the Deputy Director of Education, Thrissur by filing an appeal challenging Ext.P2 staff fixation order. When the writ petition came up for hearing today, Sri. M.A. Fayaz, the learned Senior Government Pleader appearing for the State of Kerala submitted on W.P.(C) No.14471/2014 -2-
instructions that, challenging Ext.P2 staff fixation order the Manager of the school has filed an appeal before the Deputy Director of Education who is the competent appellate authority and therefore, the writ petition may be disposed of with a direction to the Deputy Director of Education, Thrissur to dispose of the said appeal after affording the Manager of the school as also the petitioner an opportunity of being heard.
In the light of the aforesaid submission, I dispose of the writ petition with the following directions:
1. The Director of Public Instruction before whom Exts.P3 and P4 revision petitions are pending, shall transmit them to the Deputy Director of Education, Thrissur for being consolidated and heard along with the appeal filed by the fifth respondent from Ext.P2 staff fixation order. This shall be done within three weeks 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 Director of Public Instructions.
2. The Deputy Director of Education, Thrissur shall take up W.P.(C) No.14471/2014 -3-
for consideration the appeal filed by the fifth respondent from Ext.P2 staff fixation order along with Exts.P3 and P4 revision petitions, to be transmitted to him by the Director of Public Instruction and pass appropriate orders on the appeal after affording the petitioners and the fifth respondent Manager an opportunity of being heard. This shall be done within two months from the date on which Exts.P3 and P4 revision petitions are received from the Director of Public Instruction.
3. The Deputy Director of Education shall after orders are passed on the appeal, communicate copies thereof to all the parties.
sd/- P. N. RAVINDRAN, JUDGE.
rv
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Title

Jency Joy vs State Of Kerala

Court

High Court Of Kerala

JudgmentDate
18 June, 2014
Judges
  • P N Ravindran
Advocates
  • A Muhammed