Najna Mumthas N vs State Of Kerala
2021 Latest Caselaw 3718 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

     TUESDAY, THE 02ND DAY OF FEBRUARY 2021 / 13TH MAGHA,1942

                        WP(C).No.6229 OF 2011



PETITIONERS:

      1        NAJNA MUMTHAS N
               WIFE OF ABDUL HAMEED,
               AGED 26 YEARS,,
               LOWER PRIMARY SCHOOL ASSISTANT,,
               A.M.U.P.SCHOOL, AKODE, P.O.
               VIRIPPADAM,, KONDOTTY EDUCATION SUB DISTRICT,,
               MALAPPURAM DISTRICT.

      2        SHEHERBAN K.
               LOWER PRIMARY SCHOOL ASSISTANT,,
               A.M.U.P.SCHOOL, AKODE, P.O.
               VIRIPPADAM,, KONDOTTY EDUCATION SUB DISTRICT,,
               MALAPPURAM DISTRICT.

               BY ADVS.
               SRI.V.A.MUHAMMED
               SRI.V.K.GOPALAKRISHNAN


RESPONDENTS:

      1        STATE OF KERALA
               REP. BY ITS SECRETARY TO GOVERNMENT,,
               GENERAL EDUCATION DEPARTMENT,
               SECRETARIAT,
               THIRUVANANTHAPURAM-695001.

      2        THE DIRECTOR OF PUBLIC INSTRUCTION
               JAGATHY, THIRUVANANTHAPURAM-695014.

      3        THE DISTRICT EDUCATIONAL OFFICER
               MALAPPURAM DISTRICT-676505.

      4        THE ASSISTANT EDUCATIONAL OFFICER
               KONDOTTY, MALAPPURAM DISTRICT-673678.

      5        THE MANAGER
               A.M.U.P.SCHOOL, AKODE P.O.
 WP(C).No.6229 OF 2011          2

             VIRAPPADAM-673640,
             KONDOTTY EDUCATION SUB, DISTRICT,,
             MALAPPURAM DISTRICT.

      6*     ADDL. R6 P.K. ABDUL KHADER
             S/O P.K. MOHAMMED (LATE)
             VAZHAYIL HOUSE, AKKODE (P.o)
             VAZHAKKAD (VIA) MALAPPURAM (DT)
             NOW RESIDING AT P.K. APARTMENT
             T.B.ROAD, THURAKKAL (P.O)
             KONDOTTY, MALAPPURAM (DT)
             (Addl.R6 is impleaded as per order dated 25.5.2011
             in I.A.No.6898 of 2011)
             R1 BY ADV. SRI.T.K.AJITH KUMAR

             BY SRI. P.M.MANOJ - SR.GP

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
02.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.6229 OF 2011                       3

                                    JUDGMENT

I notice that an interim order had been

granted by this Court on 28.02.2011 to the 4th

respondent to take a decision regarding

approval of appointment of the petitioners

within a period of one month thereafter,

noticing that the Manager of the School had

executed a bond, as is evident from

Exhibit P2.

2. When this matter was called today,

neither the learned counsel for the

petitioners nor the Senior Government Pleader

were able to inform this Court whether

approval to the petitioners had been granted

and whether any further orders are required.

3. Going by the tenor of the interim

order afore mentioned, it is possible that the

petitioners have already been granted

approval, since the only objection against it

was that the Manager had not executed a bond,

which he had subsequently done.

In the afore circumstances, I close this

Writ Petition without any further orders;

however, leaving liberty to the petitioners to

seek a rehearing if any further directions are

required.

Sd/-

DEVAN RAMACHANDRAN

JUDGE

MC/4.2.2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE G.O(P) NO. 10/10/G.EDN OF THE GOVERNMENT.

EXHIBIT P2 TRUE COPY OF THE DECLARATION OF THE MANAGER.

EXHIBIT P3 TRUE COPY OF THE LETTER NO.

62634/J2/10/G.EDN. OF THE GOVERNMENT.

EXHIBIT P4 TRUE COPY OF THE INTERIM ORDER OF THIS HON'BLE COURT IN W.P.CNO. 35087/2010-I

EXHIBIT P5 TRUE COPY OF THE INTERIM ORDER OF THIS HON'BLE COURT IN W.P.C NO. 537/2011-N.

EXHIBIT P6 TRUE COPY OF THE ORDER NO.

G2/21878/2006/K.DIS/DPI OF THE 2ND RESPONDENT.

EXHIBIT P6 A TRUE COPY OF THE INTERIM ORDER IN I.A. NO.

816/2008 IN O.S.107/2006 PASSED BY THE MUNSIFF COURT, MANJERI.

EXHIBIT P6 (B) TRUE COPY OF THE ORDER NO.

11982/F2/08/G.EDN DATED 22.4.2008.

EXHIBIT P7 TRUE COPY OF THE ORDER NO. C/2038/06/K.DIS OF THE ASSISTANT EDUCATIONAL OFFICER.

EXHIBIT P8 TRUE COPY OF THE G.O(RT) NO.

3624/2008/G.EDN. OF THE GOVERNMENT.

EXHIBIT P9 TRUE COPY OF THE INTERIM ORDER OF THIS HON'BLE COURT IN W.P.C NO. 29893/2008-H.

EXHIBIT P10 TRUE COPY OF THE ORDER NO. 43438/B1/09/GE OF THE GOVERNMENT.

EXHIBIT P11 TRUE COPY OF THE ORDER NO.

22932/B1/08/G.EDN. OF THE GOVERNMENT.

EXHIBIT P12 TRUE COPY OF THE ORDER OF APPOINTMENT OF SRI. VARUGHESE.

EXHIBIT P13 TRUE COPY OF THE ORDER OF APPOINTMENT OF SRI. T. MOHAMMEDALI SHIHABUDHEEN.

EXHIBIT P14 TRUE COPY OF THE PROCEEDINGS ORDER NO.

G2/45250/2008/DPI/K.DIS OF THE 2ND RESPONDENT.

RESPONDENT'S/S EXHIBITS:

EXHIBIT R6(A) TRUE COPY OF THE INTERIM ORDER IN I.A.NO.816 OF 2008 IN O.S.NO.107 OF 2006 PASSED BY THE MUNSIFF COURT, MANJERI.

EXHIBIT R6(B) TRUE COPY OF THE ORDER NO.11982/F2/08/G.EDN. DATED 22.4.2008