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2012 Supreme(Online)(KER) 37437
HIGH COURT OF KERALA
T.R.RAMACHANDRAN NAIR, J
C T SAJITHA UPPER PRIMARY SCHOOL – Appellant
Versus
THE STATE OF KERALA – Respondent
WRIT PETITION (CIVIL) 25928/2011
Important Points
Subject
Administrative Law - Education
Act Referred
Headnote
Education - Appointment - Kerala Education Rules - 51B - The court disposed of writ petitions confirming the settlement of appointment claims under the Kerala Education Rules, directing timely action by educational authorities.
Fact of the Case:
Two writ petitions were filed concerning appointments disputed under Rule 51B of the Kerala Education Rules. The parties reached a settlement regarding the implementation of the appointment order.
Finding of the Court:
The court endorsed the settlement, instructing the Manager to submit the appointment order for approval to the relevant educational officer within a week.
Issues: Whether the appointment made under the disputed rule should be implemented and approved by the educational authorities.
Ratio Decidendi: The court confirmed the agreement between parties and mandated prompt actions to facilitate the approval of appointments as per the Kerala Education Rules.
Final Decision: Writ petitions disposed with directions for appointment approval.
J U D G M E N T
These two writ petitions are concerning a common issue.
W.P.(C) No.25928/2011 is filed by the Manager and a Teacher challenging the order passed by the Government accepting the claim of the petitioner in W.P.(C) No.27945/2011 under Rule 51B of Chapter XIV-A of Kerala Education Rules . In W.P.(C) No.
27945/2011, the petitioner seeks to implement the same.
2. It is submitted by the learned counsel for both parties that the matter has been settled and the petitioner in W.P.(C) No.27945/2011 is given appointment as per Ext.P9 order dated 12.03.2012 produced in W.P.(C) No.27945/2011 and that he is satisfied by the said appointment. In that view of the matter, these writ petitions are disposed of with the following directions:
The Manager will forward the appointment order to the concerned Assistant Educational Officer, if not already forwarded, within a period of one week along with required documents and W.P.(C) Nos.25928 & 27945/2011 2 there will be a direction to the Assistant Educational Officer to pass appropriate orders with regard to the grant of approval of the appointment namely, on a regular basis within a period of six weeks from the date of receipt of a copy of this judgment. With regard to the appointment of the 2nd petitioner in W.P.(C) No.25928/2011 also, the Assistant Educational Officer will pass appropriate orders.
T.R. RAMACHANDRAN NAIR JUDGE smp
