IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 16TH NOVEMBER 2011 / 25TH KARTHIKA 1933 WP(C).No. 30570 of 2011(U) ---------------------------------------- PETITIONER(S): ------------------------- MARGARET.M.J,LOWER PRIMARY SCHOOL ASSISTANT,ST.GEORGE'S L.P SCHOOL,EDAPPALLY (NOW RESIDING NEREVEETTIL HOUSE,CHEMPUMUKKU, KAKKANAD, COCHIN 682 030. 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, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.PIN- 695 001. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY,THIRUVANANTHAPURAM .PIN-695 014. 3. THE DEPUTY DIRECTOR OF EDUCATION, ERNAKULAM AT KAKKANAD.PIN- 682 030. 4. THE ASSISTANT EDUCATIONAL OFFICER, ERNAKULAM.PIN- 682 011. 5. THE CORPORATE MANAGER, CORPORATE EDUCATIONAL AGENCY,ST.GEORGE'S FORANE CHURCH, EDAPPALLY, ERNAKULAM DISTRICT.PIN- 682 024. R1 TO R4 BY SR GOVERNMENT PLEADER SRI.M.A.FAYAZ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.30570/2011 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER.DATED 18/07/2006. EXHIBIT P1(A) TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER. DATED 02/06/2008. EXHIBIT P1(B) TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER. DATED 08/08/2008. EXHIBIT P1(C) TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER. DATED 29/12/2008. EXHIBIT P1(D) TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER. DATED 01/06/2009. EXHIBIT P1(E) TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER. DATED 06/07/2009. EXHIBIT P1(F) TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER. DATED 01/10/2009. EXHIBIT P2 TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE GOVERNMENT, DATED 31/10/2011. RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ P.A.TO.JUDGE sts T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.30570/2011-U ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 16 th day of November, 2011 J U D G M E N T The petitioner was appointed as Lower Primary School Assistant in St.George's L.P School, Edappally during different periods covered by Exts.P1 to P1(f). Those appointments have been approved also, on daily wage basis. The last of the appointment was for the period from 01/10/2009 to 31/03/2010 and the approval is granted from 01/10/2009 to 30/03/2010 only, as the incumbent who went on leave rejoined duty on 31/03/2010 in order to claim her salary during vacation. According to the learned counsel for the petitioner, the petitioner will lose her claim for reappointment under Rule 51A of Chapter XIV A Kerala Education Rules if the appointment is not on a scale of pay. Therefore, seeking for appropriate relief by invoking Rule 1 of Chapter III of K.E.R, the petitioner has approached the Government by Ext.P2 representation. It is prayed that the same may be directed to be considered within a time frame. W.P.(C). No.30570/2011 -:2:- 2. It is upto the Government to take a decision on Ext.P2 in accordance with law and, therefore, there will be a direction to the Government to take a decision on Ext.P2 after hearing the petitioner and the Manager within a period of five months from the date of receipt of a copy of this Judgment. The writ petition is disposed of as above. No costs. The petitioner will produce a copy of the writ petition along with a certified copy of the Judgment before the first respondent for compliance. Sd/- (T.R. Ramachandran Nair, Judge.) ms