IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 14TH OCTOBER 2011 / 22ND ASWINA 1933 WP(C).No. 36682 of 2010(I) --------------------------------------- PETITIONER(S): ------------------------- 1. MANAGER, S.N.M.HIGHER SECONDARY SCHOOL, PURAKKAD P.O., ALAPPUZHA DISTRICT-690 551. 2. SUNITHA.M, HIGH SCHOOL ASSISTANT (SOCIAL SCIENCE), S.N.M.HIGHER SECONDARY SCHOOL, PURAKKAD P.O., ALAPPUZHA DISTRICT-690 551. BY ADV. SRI.ANIL K.NARENDRAN RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. DIRECTOR OF PUBLIC INSTRUCTION, KERALA, DIRECTORATE OF PUBLIC INSTRUCTION, JAGATHY, THIRUVANANTHAPURAM-695 014. 3. DEPUTY DIRECTOR (EDUCATION), DIRECTORATE OF EDUCATION, ALAPPUZHA-688 001. 4. DISTRICT EDUCATION OFFICER, ALAPPUZHA-688 001. R1 TO R4 BY GOVERNMENT PLEADER SMT. M.T.SHEEBA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.36682/2010 I APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF APPOINTMENT ORDER DTD. 1/10/07 ISSUED BY THE 1ST PETITIONER APPOINTING THE 2ND PETITIONER AS HSA (SS), WITH EFFECT FROM 1/10/07. P2: COPY OF ORDER DTD. 24/04/08 OF THE 4TH RESPONDENT REJECTING APPROVAL FOR THE APPOINTMENT OF THE 2ND PETITIONER AS HSA (SS). P3: COPY OF MEMORANDUM OF APPEAL DTD. 14/05/08 FILED BY THE 1ST PETITIONER BEFORE THE 3RD RESPONDENT. P4: COPY OF ORDER DTD. 13/12/07 OF THE 3RD RESPONDENT GRANTING SANCTION FOR THE VOLUNTARY RETIREMENT OF SMT.SATHEEDEVI, HAS (SS), WITH EFFECT FROM 01/10/07. P5: COPY OF STAFF FIXATION ORDERFOR THE YEAR 2007-08, ISSUED BY THE 4TH RESPONDENT DTD. 15/03/08. P6: COPY OF MEMORANDUM OF APPEAL DTD. 6/06/08 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 3RD RESPONDENT. P7: COPY OF ORDER DTD. 05/11/08 OF THE 3RD RESPONDENT REJECTING EXHIBIT P3 APPEAL FILED BY THE 1ST PETITIONER. P8: COPY OF MEMORANDUM OF REVISION PETITION DTD. 2/12/08 FILED BY THE 1ST PETITIONER BEFORE THE 2ND RESPONDENT. P9: COPY OF ORDER DTD. 6/04/09 OF THE 2ND RESPONDENT REJECTING EXHIBIT P8 REVISION PETITION. P10: COPY OF STAFF STATEMENT DTD. NIL OF HSA (CS) IN S.N.M. HIGHER SECONDARY SCHOOL, PURAKKAD, AS ON 1/10/07. P11: COPY OF ORDER DTD. 19/03/97 OF THE 1ST RESPONDENT GRANTING LWA TO SMT. V.SUMA, HSA (PHYSICS), FOR A PERIOD OF 5 YEARS FROM 27/03/97. P12: COPY OF ORDER DTD. 9/11/04 OF THE 1ST RESPONDENT GRANTING EXTENSION OF LWA TO SMT.V.SUMA, HSA (PHYSICS) FOR 4 YEARS FROM 9/06/04 TO 31/05/08. Kss ..2/- ..2.... WPC.NO.3682/2010 I P13: COPY OF ORDER DTD. 27/05/08 OF THE 1ST RESPONDENT GRANTING EXTENSION OF LWA TO SMT. V.SUMA, HSA (PHYSICS) FOR 4 YEARS FROM 1/06/08 TO 31.5.12, P14: COPY OF ORDER DTD. 30/03/09 OF THE 4TH RESPONDENT RATIFYING THE ACTION OF THE 1ST PETITIONER IN ACCEPTING THE RESIGNATION OF SHRI.SUJITH S., HSA (ENGLISH), WITH EFFECT FROM 17/08/06. P15: COPY OF REVISION PETITION DTD. 12/10/09 FILED BY THE 1ST PETITIONER BEFORE THE 1ST RESPONDENT. P16: COPY OF ORDER DTD. 9/06/10 OF THE 1ST RESPONDENT REJECTING EXHIBIT P15 REVISION. P17: COPY OF ORDER DTD. 3/07/09 OF THE 4TH RESPONDENT, RATIFYING THE ACTION OF THE 1ST PETITIONER IN TRANSFERRING SRI.RADHAKRISHNA PANICKER HSA (SS) TO HSA (ENGLISH). P18: COPY OF PETITION DTD. 20/06/10 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 1ST RESPONDENT. P19: COPY OF ORDER DTD. 26/10/10 OF THE 1ST RESPONDENT REJECTING EXHIBIT P18 REPRESENTATION SUBMITTED BY THE 1ST PETITIONER. P20: COPY OF GOVERNMENT LETTER DTD. 7/06/2011 OF THE 1ST RESPONDENT ADDRESSED TO THE 4TH RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 36682 of 2010-I - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of October, 2011. JUDGMENT The petitioners are the Manager of a school and a High School Assistant working there. The matter concerns the approval of appointment of the second petitioner teacher. 2. During the pendency of the writ petition, the Government has passed an order, Ext.P20 whereby the District Educational Officer was directed to approve the appointment of the second petitioner as H.S.A. (SS) with effect from 1.10.2007 in S.N.M. H.S.S., Purakkad, Alappuzha if it is otherwise in order. 3. Learned counsel for the petitioner submitted that since the writ petition is pending, orders have not been passed in the matter. 4. The writ petition is disposed of with a direction to the District Educational Officer to pass orders with regard to the approval of appointment of the second petitioner in tune with the direction issued by the Government in Ext.P20, within a period of one month from the date of receipt of a copy of this judgment. If the appointment is approved, the wpc 36682/2010 2 second petitioner will be granted consequential monetary benefits. No costs. (T.R. Ramachandran Nair, Judge.) kav/