IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 15TH DECEMBER 2011 / 24TH AGRAHAYANA 1933 WP(C).No. 31630 of 2011(C) -------------------------------- PETITIONER: -------------- SWATHY P.S., AGED 23 YEARS, D/O.SADASIVAN P.K.,UPPER PRIMARY SCHOOL ASSISTANT, AIDED UPPER PRIMARY SCHOOL,MANNUR, PARALI SUB DISTRICT, PALAKKAD, RESIDING AT PUTHUKKULANGARA HOUSE, MANNUR (PO), PALAKKAD. BY ADV. SRI.U.BALAGANGADHARAN RESPONDENTS: ------------------ 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM- 695001. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695001. 3. THE DEPUTY DIRECTOR OF EDUCATION, PALAKKAD-678001. 4. THE ASSISTANT EDUCATIONAL OFFICER, PARALI, PALAKKAD-678642. 5. THE MANAGER, AIDED UPPER PRIMARY SCHOOL, MANNUR, PALAKKAD-678 642. 6. THE DISTRICT EDUCATIONAL OFFICER, PALAKKAD-678 001. BY SRI. M.A. FAYAZ, SR. GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.31630/2011 A P P E N D I X PETITIONER'S EXHIBITS: EXHIBIT-P1. A TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 30.08.2006. EXHIBIT-P2. A TRUE COPY OF THE ORDER NO.K.DIS C/3315/06 OF THE 4TH RESPONDENT DATED 20.09.2006. EXHIBIT-P3. A TRUE COPY OF THE APPOINTMENT ORDER DATED 04.06.2007. EXHIBIT-P4. A TRUE COPY OF THE PROCEEDINGS NO.L.DIS.C/2125/07 OF THE 4TH RESPONDENT DATED 24.09.2007. EXHIBIT-P5. A TRUE COPY OF THE APPEAL DATED 16.10.2006 SUBMITTD BY THE 5TH RESPONDENT TO THE 6TH RESPONDENT. EXHIBIT-P6. A TRUE COPY OF THE COMMUNICATION DATED 14.11.2001 RECEIVED BY THE PETITIONER FROM THE 4TH RESPONDENT. EXHIBIT-P7. A TRUE COPY OF THE LETTER OF THE HM OF THE 5TH RESPONDENT SCHOOL DATED 14.11.2011 TO THE 3RD RESPONDENT. EXHIBIT-P8. A TRUE COPY OF THE REPRESENTATION DATED 21.11.2011 SUBMITTD BY THE PETITIONER TO THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.31630 OF 2011 --------------------------------------- Dated this the 15th day of December, 2011. J U D G M E N T The relief sought for in the writ petition is for a direction to the 1st respondent to consider and pass orders on Ext.P8 representation wherein the petitioner has requested for inclusion of her name in the teachers' package. 2. According to the petitioner, she has been working as Upper Primary School Assistant in the school under the 5th respondent Manager. Ext.P1 is the appointment order, initially issued to her, on 30.08.2006 and the approval of the said appointment was rejected as per Ext.P2 order. The next appointment is from 04.06.2007 as per Ext.P3 order. Again the approval was rejected by Ext.P4 against which the Manager filed an appeal as per Ext.P5 which is said to be still pending. It appears that there was a division fall in the school. But, according to the petitioner, she was continuing till 31.03.2010. It is also submitted that the petitioner has submitted a leave application for two years. W.P.(C) No.31630/2011 2 3. According to the petitioner, the petitioner's name was liable to be included in the teachers' package. She received a communication as per Ext.P6 from the Assistant Educational Officer, Parali stating that in the light of the letters mentioned therein, she cannot be included in the teachers' package. It is further pointed out that in spite of the submission of Ext.P7 before the Deputy Director of Education, no action has been taken for inclusion of her name in the package which resulted the petitioner approaching the Government by filing Ext.P8 representation. 4. Heard the learned Government Pleader also. Whether the petitioner's name is liable to be included in the teachers' package is a matter for consideration by the Government. Learned counsel for the petitioner submitted that the petitioner will file an additional comprehensive representation by including all materials. Therefore, there will be a direction to the Government to consider and pass orders on Ext.P8 and any other additional representation filed by the petitioner along with a copy of this W.P.(C) No.31630/2011 3 judgment and the writ petition within a period of three months from the date of receipt of a copy of this judgment, after notice to the petitioner. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp