IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 6TH NOVEMBER 2009 / 15TH KARTHIKA 1931 WP(C).No. 8045 of 2009(A) ------------------------- PETITIONER(S): ------------------------- MINI VARGHESE, UPSA, ST. THOMAS, HSS, KOZHENCHERRY, PATHANAMTHITTA, RES. AT KAVUMTHUNDIYIL HOUSE, KOZHENCHERRY P.O., PATHANAMTHITTA. BY ADV. SRI.M.S.UNNIKRISHNAN SMT.S.KARTHIKA SRI.M.R.ANISON SMT.K.P.GEETHA MANI SRI.P.S.ABHISHEK SMT.KAVYA P.PRASAD RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY TO GOVT. GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. THE DISTRICT EDUCATIONAL OFFICER, PATHANAMTHITTA. 4. SMT. PUSHPA GEORGE, UPSA, ST. MARY'S GHS KOZHENCHERRY, PATHANAMTHITTA DIST, 5. ANIZMMA THOMAS, UPSA, ST. THOMAS, HSS, KOZHENCHERRY,PATHANAMTHITTA DIST. 6. THE MANAGER, SCHOOLS UNDER ST. THOMAS, MARTHOMA CHURCH, KOZHENCHERRY, PATHANAMTHITTA DIST. GOVERNMENT PLEADER SRI.V.T.K.MOHANAN FOR R1 SRI.V.A.MUHAMMED FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/11/2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 8045 of 2009 APPENDIX EXT.P1: TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER EXT.P2: TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER EXT.P3: TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER EXT.P4: TRUE COPY OF THE SENIORITY LIST EXT.P5: TRUE COPY OF THE REJECTION ORDER DATED 18/4/2008. EXT.P6: TRUE COPY OF THE ORDER DATED 19/11/2008 ISSUED BY THE SECOND RESPONDENT EXT.P7: TRUE COPY OF THE REVISION PETITION FILED BY THE PETITIONER EXT.P8: TRUE COPY OF THE ORDER DATED 25/7/2007. EXT.P9: TRUE COPY OF THE APPEAL DATED 21/10/2008. EXT.P10. TRUE COPY OF THE ORDER DATSED 4/8/2008. EXT.P11. TRUE COPY OF THE REPRESENATION DATED 9/8/2008. EXT.P12. TRUE COPY OF THE ORDER DATED 24/7/2008. EXT.P13. TRUE COPY OF THE GOVT.ORDER DATED 11/11/2008. EXT.P14. TRUE COPY OF THE LETTER DATED 5/2/2009. EXT.P15. TRUE COPY OF THE ORDER DATED 10/2/2009. PA TO JUDGE T.R.RAMACHANDRAN NAIR .J -------------------------------- W.P.(C).No.8045 of 2009 ------------------------------- Dated this the 6th November,2009 JUDGMENT The writ petition is one filed challenging various orders passed by the Educational Officers against the writ petitioner. In the light of the direction proposed to be issued it is not necessary to consider the legal issue involved in this writ petition. It is agreed that the revision petition pending before the Government can be disposed of within a time frame. 2. Petitioner was initially appointed by the sixth respondent Manager in a leave vacancy from 5/7/1999 to 12/10/1999 which was duly approved by the third respondent. The fourth respondent was initially appointed as UPSA in the school in another leave vacancy from 17/1/2000 to 31/3/2000. She is qualified for appointment as H.S.A (Maths). The fifth respondent was initially appointed as H.S.A in the sixth respondent's school in a leave vacancy from 13/3/1999 to 26/1/2000. 3. Ext.P7 is the revision petition filed by the petitioner against the proceedings of the Director of Public Instruction, W.P.(C).No.8045 of 2009 2 Ext.P6 herein. Therein the request for salary for sanction of the summer vacation in 2000-2001 and also for getting approval from 9/10/2001 without interruption of service was denied. 4. Ext.P11 is another representation filed by the petitioner against Ext.P10 order passed by District Educational Officer. The grievance raised by petitioner therein is that petitioner is likely to be ousted from service on the basis of order dated 4/8/2008 passed by the DEO. 5. In this writ petition, petitioner is also challenging the Exts.P14 order passed by the DEO and the consequential order Ext.P15 passed by Manager. According to the petitioner the said orders will deprive seniority and claim for approval of the petitioner from an early date. 6. It is for the petitioner to move the Government by filing an appropriate representation in this matter and if any representation is made within a period of four weeks from today the same will be entertained and will be disposed of on merits. W.P.(C).No.8045 of 2009 3 7. There will be a direction to the first respondent to take a decision on Exts.P6 and P11 and the further representation directed to be filed by the petitioner against Ext.P14 and 15 within a period of 4 months from the date of receipt of a copy of this judgment and after affording an opportunity of hearing to the petitioner and respondents 4 to 6. 8. The petitioner has filed Ext.P9 before the Director of Public Instruction against Ext.P8 order issued by the Manager. The second respondent will take a decision on the same in accordance with law after hearing the necessary parties expeditiously. The writ petition is disposed of accordingly, No costs. T.R.RAMACHANDRAN NAIR, JUDGE ssn