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Kerala High Court
The Manager vs State Of Kerala on 21 May, 2024
WPC.No.18081/24 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
WP(C) NO.18081 OF 2024
PETITIONERS:
1 THE MANAGER, AGED 65 YEARS,
JAMA-ATH L.P.SCHOOL, CHEMBARATHUKUNNU, PONJASSERY,
PERUMBAVOOR, ERNAKULAM DISTRICT, PIN - 683 547.
2 SIMI.C.A,
AGED 41 YEARS,
LOWER PRIMARY SCHOOL TEACHER, JAMA-ATH L.P.SCHOOL,
CHEMBARATHUKUNNU, PONJASSERY, PERUMBAVOOR,
ERNAKULAM DISTRICT, PIN - 683 547.
BY ADVS.M.U.VIJAYALAKSHMI
K.JAJU BABU (SR.)
BRIJESH MOHAN
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL
EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695 001.
2 THE ASSISTANT EDUCATIONAL OFFICER,
OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER,
PERUMBAVOOR, ERNAKULAM DISTRICT, PIN - 683 543.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 21.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WPC.No.18081/24 2
JUDGMENT
The 1st petitioner is the Manager of Jama-Ath L.P.School, Chembarathukunnu, Ponjassery and the 2 nd petitioner is the person who was appointed as LPSA in the said school by the 1 st petitioner. However, the appointment of the 2 nd petitioner was not proved and being aggrieved by the Ext.P3 order issued in this regard, the petitioners have submitted Ext.P5. Appointment of the 2nd petitioner was approved only on daily wages basis as per Ext.P3. Being aggrieved, the petitioners have submitted Ext.P5 revision petition before the 1st respondent which is now pending consideration.
2. The limited prayer sought by the petitioners is for a direction to the 1st respondent to take a decision on Ext.P5 within a time frame.
After hearing the learned counsel for the petitioners and the learned Government Pleader, I am inclined to dispose of this writ petition. Accordingly, it is ordered that the 1 st respondent shall take up Ext.P5 and appropriate orders thereon shall be passed in accordance with law after hearing the petitioners. Orders in this WPC.No.18081/24 3 regard shall be issued within a period of four months from the date of receipt of a copy of this judgment. While taking a decision in this regard, Ext.P4 which is the non-availability certificate issued by the Sub Regional Employment Officer, Special Employment Exchange for Differently Abled, Ernakulam shall also be taken into account.
Sd/-
ZIYAD RAHMAN A.A. JUDGE DG/22.5.24 WPC.No.18081/24 4 APPENDIX OF WP(C) 18081/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER DATED 21-2-2022 ISSUED BY THE 1ST PETITIONER APPOINTING THE 2ND PETITIONER.
Exhibit P2 TRUE COPY OF G.O(MS)NO.29/2023/GEDN DATED 24-3-2023 ISSUED BY THE 1ST RESPONDENT . Exhibit P3 TRUE COPY OF ORDER NO.C/54512/2023 DATED 15-12-2023 ISSUED BY THE 2ND RESPONDENT. Exhibit P4 TRUE COPY OF NON-AVAILABILITY CERTIFICATE DATED 25-1-2024 ISSUED BY THE SUB REGIONAL EMPLOYMENT OFFICER, SPECIAL EMPLOYMENT EXCHANGE FOR DIFFERENTLY ABLED, ERNAKULAM TO THE 1ST PETITIONER. Exhibit P5 TRUE COPY OF THE REVISION PETITION DATED NIL FORWARDED BY THE PETITIONERS ON 7-5- 2024 TO THE 1ST RESPONDENT ALONG WITH THE RECEIPT PROVING FORWARDING OF THE REVISION PETITION.