IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 30TH NOVEMBER 2011 / 9TH AGRAHAYANA 1933 WP(C).No. 31911 of 2011(L) ----------------------------------- PETITIONER(S): --------------- SOUMYA.K.K., AGED 25 YEARS, WIFE OF JITHINPAL, LOWER PRIMARY SCHOOL ASSISTANT, DHARMADAM CORNATIONBASIC U.P. SCHOOL, P.O. DHARMADAM, TELLICHERRY, KANNUR DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT GENERAL EDUCATION(P) DEPARTMENT, GOVERNMENT SECRETARIAT ANNEX THIRUVANANTHAPURAM-695001. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM-695014. 3. THEASSISTANT EDUCATIONAL OFFICER, TELLICHERRY SOUTH, P.O.TELLICHERRY, KANNUR DISTRICT-670101. 4. THEMANAGER, DHARMADAM CORNATION BASIC U.P.SHCOOL, P.O.DHARMADAM-670106, TELLICHERRY, KANNUR DISTRICT. R1 TO R3 BY GOVT. PLEADER M.A.FAYAZ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JM WPC NO. 31911 OF 2011 APPENDIX PETITIONER(S) EXHIBITS: EXT.P1TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER. EXT.P2TRUE COPY OF THE ORDER NO. 4506/06/K.DIS OF THE DEPUTY DIRECTOR. EXT.P3TRUE COPY OF THE STAFF FIXATION ORDER NO. D.DIS.B/2158/2006 OF THE ASSISTANT EDUCATIONAL OFFICER. EXT.P4TRUE COPY OF THE ONE DAY VERIFICATION REPORT. EXT.P5TRUE COPY OF THE RELEVANT PORTION OF HIGHER LEVEL VERIFICATION REPORT. EXT.P6TRUE COPY OF THE ORDER NO. D.DIS/RA3/41369/2007/DPI OF THE 2ND RESPONDENT. EXT.P7TRUE COPY OF THE ONE DAY VERIFICATION REPORT. EXT.P7TRUE COPY OF THE HIGHER LEVEL VERIFICATION REPORT. EXT.P8TRUE COPY OF THE REVISION PETITION FILED BEFORE THE GOVERNMENT. RESPONDENTS' EXHIBITS: NIL \\TRUE COPY\\ PA TO JUDGE JM T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.31911/2011-L ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 30 th day of November, 2011 J U D G M E N T The petitioner has made a request before the Government as per Ext.P8 for including the petitioner's name in the Teachers' Package. 2. It is the case of the petitioner that the petitioner's appointment as per Ext.P1 is not approved in the light of the ban order issued by the Government. Later, in 2006-07 staff fixation order, the post was not sanctioned for want of sufficient accommodation. Exts.P4 and P5 are copies of the one day Verification Report as well as the relevant portion of Higher Level Verification report which according to the petitioner, confirms the strength of pupils through physical verification. 3. It is pointed out that even though ten divisions were liable to be sanctioned during 2006-07, nine alone were sanctioned. The claim for sanction of the 10 th division was rejected in the light of G.O.(P). No.317/2005/G.Edn., dated 17/08/2005. Even though the W.P.(C). No.31911/2011 -:2:- Manager filed appeals and revisions, they were rej cted. The same situation continued in the suc essive years also. 4. The petitioner contends that the petitioner has sought her name to be included in the Teachers' Package brought into force by the Government as per G.O.(P).No.199/2011/G.Edn., dated 01/10/2011 and, seeking for the said benefit, Ext.P8 representation has been filed before the Government styled as a revision under Rule 92 of Chapter XIV A Kerala Education Rules. It is upto the Government to take a decision in the matter after hearing the petitioner and the Manager. 5. Accordingly, there will be a direction to the Government to take a decision on Ext.P8 within three months from the date of receipt of a copy of this Judgment. The writ petition is disposed of as above. No costs. The petitioner will produce a copy of the writ petition along with a certified copy of the Judgment before the first respondent for compliance. (T.R. Ramachandran Nair, Judge.) ms