NISHA RENJAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition is filed by the petitioner seeking to quash Ext.P15 order passed by the State Government, holding that petitioner is not entitled to get the benefits of Rules 43, 51A and 51B of the Kerala Education Rules, and the request of the petitioner to appoint her overlooking the Rules cannot be sustained, and thereupon, the order of the Director of Public Instruction was set aside, also holding that the action taken by the Manager of the school, withdrawing the proposal put forth to approve the appointment of the petitioner was in order. Brief material facts for the disposal of the writ petition are as follows:

(2.) Petitioner has been working as Assistant Teacher in St. Clare Oral School for the Deaf, Kalady, Ernakulam District, on daily wage basis from 01.07.2010 to 31.03.2011, and in a regular vacancy from 01.06.2011 to 18.06.2013. The 3rd respondent is the Manager of the school and the 4th respondent is the Headmistress. On change of personal of the Manager of the school at the beginning of the Academic Year 2013-2014, the new Manager refused to take any steps to comply with the repeated directions issued by the educational authorities to approve petitioner's appointment in the permanent vacancy with effect from 01.06.2011 onwards. Thereupon, Ext.P3 order dated 06.03.2013 was issued by the Director of Public Instruction, whereby the District Educational Officer was directed to re- consider the matter declining approval to the petitioner.

(3.) In implementation of the direction issued by this Court in Ext.P8 judgment in W.P.(C) No.16927 of 2013 dated 01.08.2013 secured by the petitioner, Ext.P9 order was issued by the District Educational Officer on 18.10.2013, directing the new Manager to submit petitioner's appointment proposal for approval. However, the new Manager refused to comply with the direction. As per Ext.P13 order dated 10.02.2014, even though the District Educational Officer once again directed the new Manager to submit petitioner's appointment proposal, that order was also not implemented by the Manager.