IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 9TH NOVEMBER 2011 / 18TH KARTHIKA 1933 WP(C).No. 29819 of 2011(B) ----------------------------------- PETITIONER(S): --------------------- SNEHA V.P., WIFE OF P.K. SUNEESH, AGED 20 YEARS, LOWER PRIMARY SCHOOL ASSISTANT, ANDALOOR JUNIOR BASIC LOWER PRIMARY SCHOOL, P.O.PALAYAD, KANNUR DISTRICT. BY ADVS. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM-695 014. 3. THE ASSISTANT EDUCATIONAL OFFICER, TELLICHERRY SOUTH, P.O. TELLICHERRY, KANNUR DISTRICT-670 101. 4. THE HEADMISTRESS, ANDALOOR JUNIOR BASIC LOWER PRIMARY SCHOOL, P.O.PALAYAD, KANNUR DISTRICT-670 661. 5. THE MANAGER, ANDALOOR JUNIOR BASIC LOWER PRIMARY SCHOOL, P.O.PALAYAD, KANNUR DISTRICT-670 661. BY SR. GOVT. PLEADER SRI. M.A. FAYAZ FOR R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: DS WP(C).No. 29819 of 2011(B) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE ORDER OF APPOINTMENT OF THE PETITIONER. EXT.P2 TRUE COPY OF THE STATEMENT OF CHANGE OF STAFF OF THE SCHOOL. EXT.P3 TRUE COPY OF THE ORDER NO.D/2976/10/K.DIS. OF THE ASSISTANT EDUCATIONAL OFFICER, THALASSERY SOUTH. EXT.P3(a) TRUE COPY OF THE RELEVANT PAGE OF THE LIST (APPENDIX-I) KANNUR DISTRICT. EXT.P4 TRUE COPY OF THE COMPLAINT PETITION FILED BEFORE THE ASSISTANT EDUCATIONAL OFFICER, THALASSERY SOUTH. EXT.P5 TRUE COPY OF THE REVISION PETITION FILED BEFORE THE GOVERNMENT. RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ PA TO JUDGE DS T.R.RAMACHANDRAN NAIR, J. -------------------------------------------------- W.P.(C)No.29819 of 2011 -------------------------------------------------- DATED THIS THE 9th DAY OF NOVEMBER, 2011 JUDGMENT The petitioner who is a Lower Primary School Assistant appointed from 20-10-2010 by the Manager of the school is aggrieved by the action taken by the Manager and the Headmistress in not permitting the petitioner to attend the duties from 10-10-2011. 2. The petitioner points out that the Manager has taken the stand that another teacher has been appointed. Ext. P3 (a) is the appendix attached to the Government Order dated 1.10.2011, G.O.(P)No.199/2011/G.Edn. forming a package for granting approval to various teachers. The petitioner has been included therein as Sl.No.3122. It is therefore submitted that the present action cannot be justified. 3. The petitioner has already approached the Assistant Educational Officer by filing Ext.P4 representation. There will be a direction to the 3rd respondent to take a decision on Ext.P4 representation, with notice to the petitioner and respondents 4 W.P.(C)No.29819/11 -2- and 5, within a period of six weeks from the date of 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 3rd respondent for compliance. The Writ Petition is disposed of as above. SD/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn