IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 30TH NOVEMBER 2011 / 9TH AGRAHAYANA 1933 WP(C).No. 31868 of 2011(G) ----------------------------------- PETITIONER(S): ----------------------- SIMI JOSE,WIFE OF SHAJI.V.JOSE, AGED 32 YEARS,UPPER PRIMARY SCHOOL ASSISTANT, HIGH SCHOOL ,THIRUVALAYANNUR,CHAVAKKAD EDUCATIONAL DISTRICT,THRISSUR(RESIDING AT VAZHAPPILLY,ARTHAT,KUNNAMKULAM 680 521) 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,SECRETARIAT,THIRUVANANTHAPURAM 695 001. 2. THE DIRECTOR OF PUBLIC INSTRUCTION JAGATHY,THIRUVANANTHAPURAM 695 014. 3. THE DEPUTY DIRECTOR OF EDUCATION, THRISSUR AT AYYANTHOLE 680 003. 4. THE DISTICT EDUCATIONAL OFFICER, CHAVAKKAD , THRISSUR DISTRICT 680 506. 5. THE MANAGER, HIGH SCHOOL,THIRUVALAYANNUR CHAVAKKAD EDUCATIONAL DISTRICT, KALLUR-VADAKKEKAD 679 562,THRISSUR DISTRICT. R1 TO R5 BY GOVT. PLEADER SRI.M.A.FAYAZ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 31868 OF 2011 APPENDIX PETITIONER(S) EXHIBITS: EXHIBIT P1 TRUE COPY OF THE ORDER OF APPOINTMENT EXHIBIT P2 TRUE COPY OF THE GO(RT) NO.4331/09/G.EDN OF THE GOVERNMENT EXHIBIT P3 TRUE COPY OF THE APPEAL FILED BEFORE THE GOVERNMENT EXHIBIT P4 TRUE COPY OF THE ORDER NO.EM6/2947/08/DPI/K.DIS OF THE 2ND RESPONDENT RESPONDENTS' EXHIBITS : NIL \\TRUE COPY\\ PA TO JUDGE JM T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.31868/2011-G ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 30th day of November, 2011 J U D G M E N T The petitioner's grievance mainly is that the appointment of the petitioner as per Ext.P1 order has been declined by the District Educational Officer. Even though, the Manager took up the matter with the Director for an order under Rule 8A of Chapter XIV A Kerala Education Rules, that was also declined. 2. The objections raised with regard to the approval were that the approved Manager has not signed the appointment order and the promotion of one Smt.P.Ambika Devi has not been approved. It is the case of the petitioner that the transfer of Management has been approved by the Director and the promotion of Smt.P.Ambika Devi has also been approved. Ext.P2 is the order passed by the Government in the revision petition filed by the petitioner. Therein, the District Educational Officer has been directed to approve the appointment of the petitioner with effect from 02/10/2006. The petitioner was thereafter W.P.(C). No.31868/2011 -:2:- retrenched from service from 15/07/2009. It is pointed out that in the Teachers' Package Order issued by the Government as per order dated 01/10/2011, the petitioner has not been included. In these circumstances, the petitioner has filed an appeal before the Government as per Ext.P3 seeking for inclusion in list appended. It is upto the Government to take a decision on Ext.P3. 3. There will be a direction to the Government to take a decision on Ext.P3 with notice to the petitioner and the Manager within a period of three months from the date of receipt of a copy of this Judgment. The writ petition is disposed of as above. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms