IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 28TH SEPTEMBER 2011 / 6TH ASWINA 1933 WP(C).No. 25130 of 2011(M) -------------------------- PETITIONER(S): --------------- SUMAYYA AHAMMED, D/O.AHAMAD ALI, AGED 27 YEARS, LOWER PRIMARY SCHOOL ASSISTANT, T I S L P SCHOOL, POOVATHOOR, CHADAYAMANGALAM, KOLLAM DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): --------------- 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN 695 001. 2. THE DEPUTY DIRECTOR OF EDUCATION, KOLLAM DISTRICT-691 001. 3. THE ASSISTANT EDUCATIONAL OFFICER, CHADAYAMANGALAM, KOLLAM DISTRICT- 691 534. 4. SRI.M.K.ISMAIL PILLAI, MANAGER, T I S L P SCHOOL, POOVATHOOR, CHADAYAMANGALAM, KOLLAM DISTRICT-691 534. 5. SMT.SHAHIDA BEEVI, HEDMISTRESS, GOVERNMENT L.P.SCHOOL, MUTHAYIL, KADAKKAL, CHADAYAMANGALAM EDUCATION SUB DISTRICT, KOLLAM DISTRICT- 691 536. GOVERNMENT PLEADER SMT.RANI DIOTHIMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) No. 25130/2011 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT-P1. TRUE COPY OF THE ORDER OF APPOINTMENT OF THE PETITIONER. EXHIBIT-P2. TRUE COPY OF THE G.O.(P) NO.10/10/G.EDN.OF THE GOVERNMENT. EXHIBIT-P3. TRUE COPY OF THE LETTER NO.C-3467/10 OF THE 4TH RESPONDENT. EXHIBIT-P4. TRUE COPY OF THE PETITION FILED BFFORE THE 2ND RESPONDENT. RESPONDENTS' EXHIBITS : Nil. T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.25130 OF 2011 --------------------------------------- Dated this the 28th day of September, 2011. J U D G M E N T The petitioner is working as Lower Primary School Assistant in the school managed by the 4th respondent. The approval of the appointment was declined in the light of G.O.(P)No.317/ 2005/G.Edn. dated 17.08.2005. The ban order was lifted by the Government as per Ext.P2 Government Order namely, G.O.(P) No.10/10/G.Edn dated 12.01.2010. The same required execution of a bond by the Manager and so far the Manager has not executed any bond. This is clear from Ext.P3 communication issued by the Assistant Educational Officer. In the light of the above, the petitioner has filed Ext.P4 representation before the Deputy Director of Education. 2. Notice was ordered by this Court by special messenger to respondents 4 and 5 with a hearing date on 26.09.2011. On 26.09.2011, the matter was adjourned to today. There is no appearance for the respondents 4 and 5. W.P.(C) No.25130/2011 2 Heard the learned counsel for the petitioner and the learned Government Pleader. There will be a direction to the Deputy Director of Education to consider Ext.P4 and pass appropriate orders, after hearing the petitioner and the respondents 4 and 5, within a period of six weeks from the date of receipt of a copy of this judgment. It is made clear that this Court has not expressed anything on the merits of the matter. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp