HASEENA C.P. Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is stated to be working as an Upper Primary School Assistant in Azad Memorial Upper Primary School, Kumaranellur, Kozhikode, which is managed by the 5th respondent Manager and she has approached this Court impugning Exts.P2 and P3 to the extent to which her appointment, as is evidenced through Ext.P1 appointment order, has been denied approval by the competent Education Authorities. The petitioner consequently seeks that her appointment from 23/07/2007 to 02/06/2008 be directed to be approved by the 4th respondent - Assistant Educational Officer, leading to the disbursement of all eligible benefits to her forthwith.

(2.) The petitioner, however, also concedes that she has preferred Ext.P8 Revision Petition before the 1st respondent - State of Kerala, under the provisions of Rule 92, Chapter XIVA of the Kerala Education Act and Rules (KER for short); and alternatively prays that the same be be directed to be taken up and disposed of at the earliest, adverting to Ext.P6 bond executed by the Manager and Ext.P11 order.

(3.) In response to the afore submissions made on behalf of the petitioner by her learned counsel, Shri.P.P.Abdul Kareem, the learned Government Pleader, Sri.Unnikrishna Kaimal, submitted that since the petitioner has already invoked her alternative statutory remedy, this Court may not consider her contentions on its merits and permit the competent Secretary of the Government of Kerala to consider Ext.P8 statutory Revision as per law. He further prayed that this Court may not make any affirmative declarations on the entitlement of the petitioner to any relief and leave to the competent Authority to take a final decision thereon as per law.