IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 21ST JULY 2011 / 30TH ASHADHA 1933 WP(C).No. 19883 of 2011(I) ------------------------------- PETITIONER: -------------- FEBNA P.P., LOWER PRIMARY SCHOOL ASSISTANT, (L.P.S.A.) U.M.A. LOWER PRIMARY SCHOOL, PALANKARA P.O., NILAMBUR, MALAPPURAM DISTRICT, PIN 679330. BY ADVS. SRI.C.A.MAJEED SRI.K.H.ASIF RESPONDENTS: ------------------ 1. STATE OF KERALA, REPRESENTED BY SECRETARY, GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM-695001. 2. DIRECTOR OF PUBLIC INSTRUCTION, D.P.I.OFFICE, JAGATHY, THIRUVANANTHAPURAM-695001. 3. DISTRICT EDUCATIONAL OFFICER, WANDOOR, MALAPPURAM-679330. 4. ASSISTANT EDUCATIONAL OFFICER, NILAMBUR, MALAPPURAM-679330. 5. THE MANAGER, U.M.A.LOWER PRIMARY SCHOOL, PALANKARA P.O., NILAMBUR, MALAPPURAM DISTRICT, PIN 679330. BY SRI.V. VIJULAL, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.19883/2011 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF APPLICATION FOR APPROVAL OF PETITIONER DTD. 1.6.09. EXT. P2 : COPY OF APPLICATION DTD. 2.5.09 FOR LEAVE OF SMT.FATHIMATH FAUZIYA SUBMITTED BY R5 ALONG WITH RELEVANT DOCUMENTS. EXT. P3 : COPY OF ORDER No.C/2859/09 KDIS DTD. 3.2.10. EXT. P4 : COPY OF ORDER DTD. 27.11.10 ISSUED BY R3. EXT. P5 : COPY OF REVISION PETITION DTD. 31.1.11 FILED BY R5. EXT. P6 : COPY OF ORDER DTD. 4.1.03 ISSUED BY R4. EXT. P7 : COPY OF ORDER No. DTD.28.7.09 ISSUED BY R1. EXT. P8 : COPY OF ORDER DTD. 28.7.10 ISSUED BY R1. EXT. P9 : COPY OF NOTICE DTD. 1.8.10 ISSUED BY R5 TO SMT. FATHIMATH FAUZIYA. EXT. P10 : COPY OF REPLY DTD. 5.8.10 SUBMITTED BY SMT.FATHIMATH FAUZIYA TO R5. EXT. P11 : COPY OF PROCEEDINGS DTD. 29.9.10 ISSUED BY R5. EXT. P12 : COPY OF ORDER DTD. 5.2.11 ISSUED BY R4. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.19883 OF 2011 --------------------------------------- Dated this the 21st day of July, 2011. J U D G M E N T The petitioner herein is working as Lower Primary School Assistant in the school managed by the 5th respondent as a leave substitute. The leave was availed by Smt.Fathimath Fouziya, LPSA from 01.04.2009 to 01.03.2012. 2. Ext.P1 is the application submitted by the Manager for approving the appointment of the petitioner. Ext.P2 is the copy of the application for leave submitted by Smt.Fathimath Fouziya. The application for approval was rejected as per Ext.P3 order by the 4th respondent against which the Manager filed an appeal before the 3rd respondent which was also rejected by Ext.P4 order. 3. Now the Manager has taken up the matter before the revisional authority namely, the 2nd respondent as per Ext.P5. It is pointed out that Ext.P5 is still pending. Ext.P7 is a copy of the order sanctioning leave to Smt.Fathimath Fouziya. It is pointed W.P.(C) No.19883/2011 2 out that the view taken in the impugned orders that there was a claimant under Rule 51A of Chapter XIV-A of Kerala Education Rules is not correct in the light of the fact that the said teacher Smt.Mini Mathew has relinquished her claim. There will be a direction to the 2nd respondent to take a decision on Ext.P5 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. The petitioner will forward a copy of this judgment along with a copy of the writ petition for compliance. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp