IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 11TH NOVEMBER 2011 / 20TH KARTHIKA 1933 WP(C).No. 21387 of 2010(W) --------------------------------- PETITIONER: -------------- SMT.BINDU.K, KARIYATH HOUSE, P.O.CHINGAPURAM, THIKKODI, KOZHIKODE. BY ADV. SRI.R.K.MURALIDHARAN RESPONDENTS: ------------------ 1. THE STATE OF KERALA, REP.BY SECRETARY TO GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. THE DISTRICT EDUCATIONAL OFFICER, TIRUR, MALAPPURAM DISTRICT. 4. THE ASSISTANT EDUCATIONAL OFFICER, PARAPPANANGADI, MALAPPURAM DISTRICT. 5. THE MANAGER, NEDUVA SOUTH AMLP SCHOOL, P.O.NEDUVA, PARAPPANANGADI, MALAPPURAM DISTRICT- 676 505. BY GOVERNMENT PLEADER SMT. NISHA BOSE. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.21387/2010 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF G.O.(Rt) 1988/96/G3 DTD. 11.6.96. EXT. P2 : COPY OF G.O.(Rt) 3727/01/GE DTD. 5.10.01. EXT. P3 : COPY OF APPOINTMENT ORDER OF PETITIONER DTD. 6.9.96. EXT. P4 : COPY OF APPOINTMENT ORDER DTD. 2.6.97 AND APPROVAL. EXT. P5 : COPY OF ORDER DTD. 24.10.07 OF R4. EXT. P6 : COPY OF G.O.(P) 240/99/G.EDN DTD. 29.9.99. EXT. P7 : COPY OF G.O.(MS) 240/00/G.EDN DTD. 24.7.00. EXT. P8 : COPY OF ORDER OF R1 DTD. 11.5.10. EXT. P9 : COPY OF APPOINTMENT ORDER DTD. 11.6.01. EXT. P10 : COPY OF ORDER IN APPEAL BY R3 DTD. 31.7.02. EXT. P11 : COPY OF APPOINTMENT ORDER DTD. 5.1.02. EXT. P12 : COPY OF ORDER OF R4 DTD. 31.1.02. EXT. P13 : COPY OF ORDER OF R2 DTD. 6.5.02. EXT. P14 : COPY OF ORDER DTD. 13.9.05. EXT. P15 : COPY OF ORDER OF R3 DTD. 4.2.06. EXT. P16 : COPY OF REVISION FILED BEFORE R1 DTD. 28.1.08. EXT. P17 : COPY OF REVISION DTD. 5.1.08. EXT. P18 : COPY OF PROCEEDINGS OF R5 DTD. 25.10.07. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R.RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.(C) No.21387 OF 2010 -------------------------------------------- DATED THIS THE 11th DAY OF NOVEMBER, 2011 J U D G M E N T The petitioner has filed this writ petition aggrieved by Ext.P8 order passed by the Government in a revision petition filed by the petitioner. 2. It is averred in paragraph 7 of the writ petition that the petitioner submitted a detailed representation before the 1st respondent to extend the benefit of Exts.P6 and P7 orders to the petitioner. Actually, the effect of Ext.P8 is to reject the plea raised therein. Obviously, Ext.P8 is a reply to the letter dated 26.03.2009 of the District Educational Officer, Thirur in Malappuram District with copy to the petitioner. Apart from the same, the learned counsel for the petitioner points out that in the light of Ext.P18 proceedings of the Manager it can be seen that the petitioner has been appointed on regular basis from 07.09.1996 Ext.P18 is produced along with the reply affidavit filed by the petitioner. W.P.(C) 21387/2010 2 3. Evidently, Ext.P18 is a fresh material which is yet to be considered by the Department and by the Government. In that view of the matter, the petitioner will have to be given an opportunity to place reliance upon the same. 4. The 3rd respondent has filed a detailed counter affidavit. But I am not going into the merits of the matter as the Government itself has to consider the whole matter. In that view of the matter, Ext.P8 is quashed. There will be a direction to the Government to pass appropriate orders, after hearing the petitioner and the Manager, within a period of three months from the date of receipt of a copy of this judgment. The petitioner will file a fresh representation producing a copy of Ext.P18 and any other material she wishes to rely upon before the Government. This writ petition is allowed. SD/- T.R.RAMACHANDRAN NAIR JUDGE smp