IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 20TH DECEMBER 2011 / 29TH AGRAHAYANA 1933 WP(C).No. 34128 of 2011(M) -------------------------- PETITIONER(S): --------------- B.GAYATHRI, WIFE OF SUKUMARAN, AGED 38 YEARS, FORMER LOWER PRIMARY SCHOOL ASSISTANT(RULE 51-A CLAIMANT), KOTTANTHALA AIDED MOPPILA LOWER PRIMARY SCHOOL, MALAPPURAM,(RESIDING AT LAKSHMI SADANAM, THRIKKULAM, AMBALAPPADY P.O., THIRURANGADI, MALAPPURAM DISTRICT). BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM – 695 001. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, THIRUVANANTHAPURAM – 695 014. 3. THE DEPUTY DIRECTOR OF EDUCATION, DOWN HILL, MALAPPURAM DISTRICT – 676 519. 4. THE ASSISTANT EDUCATIONAL OFFICER, PARAPPANANGADI, MALAPPURAM DISTRICT – 676 303. 5. THE MANAGER, KOTTANTHALA AIDED MOPPILA LOWER PRIMARY SCHOOL, ULLANAM, MALAPPURAM DISTRICT – 676 3030. BY SR.GOVT.PLEADER SHRI M.A.FAYAZ FOR R1 TO R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No. 34128/11 PETITIONER'S EXTS: EXT.P1: COPY OF APPOINTMENT ORDER AND THE APPROVAL THEREOF 5.8.98/18.12.98. EXT.P2: COPY OF APPOINTMENT ORDER AND THE APPROVAL THEREOF DT.27.8.98/5.1.99. EXT.P3: COPY OF CIRCULAR NO.H2-35920/11 OF THE 2ND RESPONDENT DT.12.10.11. EXT.P4: COPY OF LETTER NO.D/4439/11 OF THE ASSISTANT EDUCATIONAL OFFICER DT.22.11.11. EXT.P5: COPY OF PETITION SUBMITTED BEFORE THE GOVERNMENT DT.25.11.11. EXT.P6: COPY OF LETTER NO.9124/S3/05/G.EDN. OF THE GOVERNMENT. RESPONDENTS' EXTS: NIL TRUE COPY P.A.TO JUDGE dsn T.R.RAMACHANDRAN NAIR, J. -------------------------------------------------- W.P.(C)No.34128 of 2011 -------------------------------------------------- DATED THIS THE 20th DAY OF DECEMBER, 2011 JUDGMENT The petitioner is seeking for a direction to the Government to consider and pass orders on Exhibit P5 representation within a time frame. 2. The petitioner was appointed as a Lower Primary School Assistant in a leave vacancy by Exhibit P1 order, which stands approved. In a later resignation vacancy from 27.8.1998 onwards she was appointed as LPSA, which appointment was also approved as a result of which the petitioner became a claimant under Rule 51A of Chapter XIV-A KER. The petitioner was retrenched from service on 15.7.2002. 3. The learned counsel for the petitioner submitted that the petitioner is entitled to be included under the Teachers' Package order and the list. Since W.P.(C)No.34128/11 -2- the name of the petitioner was not included, the petitioner appeared before the Adalat conducted in the Office of the District Educational Officer, Tirur. The Manager took the stand that the petitioner has already relinquished her claim. Therefore, the petitioner filed a petition and as per Exhibit P4, a report was forwarded by the Assistant Educational Officer to the District Collector. Finally, the petitioner approached the Chief Minister's Grievance Cell and thereafter, according to the petitioner, she was advised to submit a detailed representation narrating her grievances before the Government. Exhibit P5 is the said representation which has been registered with the General Education Department as per file No.71210/B1/2011/G.Edn. Dated 29.11.2011. The learned counsel for the petitioner relies upon various judgments rendered by this Court in this context to contend that the relinquishment has no legal W.P.(C)No.34128/11 -3- effect. 4. There will be a direction to the Government to take a decision on Exhibit P5 representation with notice to the petitioner and the Manager within a period of two months from the date of receipt of a copy of this judgment, since it is pointed out that the Government will be finalising the list in the meanwhile in respect of other teachers. The petitioner will forward a copy of the Writ Petition along with a copy of this judgment to the Government for compliance. The Writ Petition is disposed of as above. Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn