IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 6TH DECEMBER 2011 / 15TH AGRAHAYANA 1933 WP(C).No. 32151 of 2011(T) -------------------------- PETITIONER: --------------- SREEJA P., W/O.MADHAVA DAS, AGED 39 YEARS, (FORMER UPPER PRIMARY SCHOOL ASSISTANT, KRISHNA HIGHER SECONDARY SCHOOL, GURUVAYUR, NOW RESIDING AT VAKKAYIL, GURUVAYUR, THRISSUR DISTRICT). BY ADV. SRI.V.A.MUHAMMED RESPONDENT(S): --------------- 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETRIAT, THIRUVANANTHAPURAM-695 001. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY,THIRUVANANTHAPURAM-695 014. 3. THE DEPUTY DIRECTOR OF EDCUATION, THRISSUR AT AYYANTHOLE-680 003. 4. THE DISTRICT EDUCATIONAL OFFICER, CHAVAKKAD, THRISSUR DISTRICT-680 506. 5. THE MANAGER (ADMINISTRATOR, GURUVAYUR DEVASOM) SREE KRISHNA HIGHER SECONDARY SCHOOL, GURUVAYUR, THRISSUR DISTRICT-680 101. BY SR.GOVT.PLEADER SHRI M.A.FAYAZ FOR R1 TO R4 SHRI P.NANDAKUMAR FOR R5 (SC) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.32151/11 PETITIONER(S) EXHIBITS: EXHIBIT P1. TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DT.4.6.07. . EXHIBIT P2. TRUE COPY OF THE ORDER NO.B3/5552/07/K.DIS OF THE 4TH RESPONDENT DT.16.10.07. EXHIBIT P3. TRUE COPY OF THE ORDER OF APPOINTMENT OF SMT.V.SUBHASREE AND THE APPROVAL THEREOF DT.5.6.06/25.3.10. EXHIBIT P4. TRUE COPY OF THE APPEAL FILED BEFORE THE 3RD RESPONDENT DT.26.10.07. EXHIBIT P5. TRUE COPY OF THE ORDER NO. EC(5) 6895/2010/DPI/K.DIS OF THE 2ND RESPONDENT DT.24.1.11. EXHIBIT P6. TRUE COPY OF THE REPRESENTATION FILED BEFORE THE GOVERNMENT DT.15.10.2011. EXHIBIT P6A. TRUE COPY OF THE REPRESENTATION FILED BEFORE THE 2ND RESPONDENT DT.15.10.11. EXHIBIT P6B. TRUE COPY OF THE REPRESENTATION FILED BEFORE THE 3RD RESPONDENT DT15.10.11. EXHIBIT P6C. TRUE COPY OF THE REPRESENTATION FILED BEFORE THE 4TH RESPONDENT DT.15.10.11. RESPONDENTS' EXHIBITS : NIL TRUE COPY P.A.TO JUDGE dsn T.R.RAMACHANDRAN NAIR, J. -------------------------------------------------- W.P.(C)No.32151 of 2011 -------------------------------------------------- DATED THIS THE 6th DAY OF DECEMBER, 2011 JUDGMENT The petitioner was appointed as Upper Primary School Assistant by the Management of the Sree Krishna Higher Secondary School, Guruvayur from 4.6.2007. The above appointment was on daily wages; but the approval was declined by the District Educational officer. This was reversed by the Director of Public Instruction, which was challenged by the Management before the Government and the Government order is under challenge in W.P.(C)No.17696/2011. 2. The petitioner is seeking for inclusion in the teacher's package order dated 1.10.2011. It is submitted that the claim of the petitioner will have to be considered by the Government, since it is the Government order which has provided Appendices 1 and 2. 3. There will be a direction to the Government to take a decision on Exhibit P6 representation with notice to the petitioner and the Manager within a period of four months from the date of W.P.(C)No.32151/11 -2- receipt of a copy of this judgment. 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