FATHIMATH RAHEENA V Vs. DIRECTOR OF PUBLIC INSTRUCTION

JUDGEMENT

(1.) THE petitioner herein was appointed as LPSA, by the fourth respondent, in a newly created vacancy in the AMLPS, Kundilparamba and AMLPS, Pullithara under his management. Ext.P1 is the copy of the appointment order. THE appointment of the petitioner was in the additional division vacancy during 2007- 08. In the light of the order issued by the Government as per G.O.(P) No.317/2005/G.Edn dated 17.8.2005, the said division was not sanctioned and therefore the appointment was rejected by the third respondent.

(2.) IT is stated that two resignation vacancies of LPSA's arose in AMLPS, Kundilparamba and Pullithara with effect from 13.7.2009 due to the resignation of one Babu M.V. and Pramod.A for joining Government service. Both the above schools are under the management of fourth respondent. According to the petitioner, she is entitled to be appointed in one of the regular vacancies thus pointed out. The fourth respondent appointed the fifth respondent in the vacancy of Pramod.A from 1.6.2010 onwards and the sixth respondent in the vacancy of Babu M.V. from the same date. The seventh respondent was appointed in the leave vacancy of one Abdulrahiman, in which the fifth respondent was working. The details of such appointments have been explained in para 5 of the writ petition. The petitioner has filed a representation as Ext.P2, raising his claim. By Ext.P3 the Government has passed an order to grant approval of the teachers appointed in the additional division vacancies, which obliges the manager to file a declaration to appoint protected teachers in equal number of posts. Petitioner's grievance is now against Ext.P5 order whereby his claim was rejected. IT is the case of the petitioner that she has filed an appeal before the Director of Public Instruction as Ext.P6(a) along with a stay petition marked as Ext.P6(b).

(3.) THERE will be a direction to the Director of Public Instruction to take a decision on the revision petition Ext.P6(a) after hearing the petitioner and respondents 4 to 7 within a period of 3 months from the date of receipt of copy of this judgment. The stay petition Ext.P6(b) if pending will be considered and appropriate orders will be passed within a period of three weeks from the date of production of a copy of this judgment. The petitioner will produce a copy of writ petition along with a copy of this judgment for compliance. No costs.