IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 1ST MARCH 2011 / 10TH PHALGUNA 1932 WP(C).No. 6434 of 2011(D) ------------------------------------- PETITIONER(S): ----------------------- NEENA EAPPEN, WIFE OF SHIBU, AGED 31 YEARS, UPPER PRIMARY SCHOOL ASSISTANT, A.M.U.P. SCHOOL, P.O. MAMPAD, NILAMBUR EDUCATION SUB DISTRICT, MALAPPURAM DISTRICT. BY ADV. SRI.V.A.MUHAMMED, SRI.K.E.HAMZA. RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE 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 DISTRICT EDUCATIONAL OFFICER, WANDOOR, MALAPPURAM DISTRICT-679 328. 5. THE ASSISTANT EDUCATIONAL OFFICER, NILAMBUR, MALAPPURAM DISTRICT-679 329. 6. THE MANAGER, A.M.U.P. SCHOOL, P.O. MAMPAD, NILAMBUR EDUCATION SUB DISTRICT, MALAPPURAM DISTRICT-676 542. R1 TO R5 BY GOVT. PLEADER SMT.NISHA BOSE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/03/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 6434 of 2011-D - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of March, 2011. JUDGMENT The petitioner seeks for a direction to the Government to take a decision on Ext.P11 revision petition filed under Rule 92 of Chapter XIV-A K.E.R. 2. The petitioner is working as a U.P.S.A. in the school managed by the 6th respondent. She was appointed as U.P.S.A. from 16.7.2007. The appointment was rejected by the Asst. Educational Officer, citing the ban order issued by the Government as per Order dated 17.8.2005. The appeal filed by the Manager was rejected by the District Educational Officer as per Ext.P1 and the subsequent appeal filed before the Deputy Director of Education, was also rejected as per Ext.P2. A further appeal was filed by the Manager, before the Director of Public Instruction as per Ext.P3. In the meanwhile, the Government lifted the ban as per order dated 12.1.2010, a copy of which is produced as Ext.P4. Thereafter, the Manager has executed a bond declaring that she is ready to abide by all the conditions stipulated in Ext.P4 order. After accepting the same, the Asst. Educational Officer rejected the same as per Ext.P5. Even though the Manager wpc 6434/2011 2 furnished a reply, a further objection is raised by the Asst. Educational Officer as per Ext.P6. 3. The Manager has subsequently withdrawn the bond which was submitted before the Asst. Educational Officer. The Asst. Educational Officer thereafter passed fresh order as per Ext.P8. The Manager again appointed the petitioner as UPSA from 1.6.2010 which stands rejected by the Asst. Educational Officer as per Ext.P9. The revision petition is filed against Exts.P8 and P9 orders. 4. There will be a direction to the Government to take a decision on Ext.P11 revision petition after hearing the petitioner and the Manager, within a period of three months from the date of receipt of a copy of this judgment. 5. The writ petition is disposed of as above. No costs. The petitioner will produce a copy of this judgment along with a copy of the writ petition before the Government for compliance. (T.R. Ramachandran Nair, Judge.) kav/