IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 2ND JUNE 2009 / 12TH JYAISHTA 1931 WP(C).No. 34982 of 2008(M) --------------------------------------- PETITIONER: ------------------- BIJI DANIEL, AGED 35, WORKING AT T.S.A IN ST. GEORGE I.T.I, W/O.REV.FR.P.T. SHAJAN, SHAH NIVAS, NALLILA P.O, NALLILA, KOLLAM DISTRICT. BY ADVS. MR.R.SURAJ KUMAR, SMT.GEETHA P.MENON MR.N.AJITH, MR.P.M.NEELAKANDAN. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY TO GOVT. OF KERALA, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, KOLLAM. 3. THE DISTRICT EDUCATIONAL OFFICER, KOTTARAKKARA. 4. THE ASSISTANT EDUCATIONAL OFFICER, KOTTARAKKARA. 5. M.M.C CORPORATION MANAGEMENT, REPRESENTED BY ITS MANAGER, BASELIOUS CENTRE, PULAMON P.O., KOTTARAKKARA. W.P.(C). NO.34982/2008: 6. THE HEADMISTRESS ST.GEORGE T.T.I, CHOWALLOOR, EDAKKIDOM P.O.KOLLAM DISTRICT. 7. ADDITIONAL DIRECTOR OF PUBLIC INSTRUCTIONS THIRUVANANTHAPURAM. 8. ANIMOLE K. VALIYAVILA PUTHENVEEDU NADUTHERY,THALAVOOR P.O.KOLAM. R1 TO R4 & R7 BY SR.GOVT. PLEADER SMT. ANU SIVARAMAN, R5 BY ADV. MR.BIMAL K.NATH. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.34982/2008-M: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: ORDER ISSUED BY A.E.O, SASTHAMCOTTA. EXT.P.2: PROCEEDINGS OF R.7. EXT.P.3: ORDER ISSUED BY R.5. EXT.P.4: STATEMENT OF CHANGE OF STAFF ISSUED BY R.5. EXT.P.5: LETTER ISSUED BY R.5. EXT.P.6: REMINDER ISSUED BY R.3. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. P.N.RAVINDRAN, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= W.P.(C) No. 34982 of 2008 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 2nd day of June, 2009 JUDGMENT Heard Sri. R. Suraj Kumar, the learned counsel appearing for the petitioner, Smt. Anu Sivaraman, the learned Government Pleader appearing for respondents 1 to 4 and 7 and Sri Bimal K. Nath, the learned counsel appearing for the fifth respondent. Though notice has been served on respondents 6 and 7, they have not chosen to enter appearance. 2. The petitioner was initially appointed as Upper Primary School Assistant in St. Thomas Upper Primary School, Sooranadu managed by the fifth respondent as per Ext.P1 order dated 7-1-1997. The appointment was for the period from 7-1-1997 to 14-3-1997. By order passed on 12-5-1997 the said appointment was approved. The petitioner was thereafter appointed as U.P.S.A. against a transfer vacancy that arose on 18-11-1999. The said appointment was also approved by the Director of Public Instruction. Thereafter, the petitioner was promoted as H.S.A. and posted as Training School Assistant in St. George Teacher Training Institute, Chowalloor with effect from 1-1-2008 in a vacancy that arose on the retirement of Sri. T. Georgekutty. The Manager thereafter forwarded the proposal for approval WPC 34982/2008 2 of the said appointment to the District Educational Officer. The said proposal was kept pending for the reason that eighth respondent had staked a claim for appointment as Training School Assistant in the very same vacancy and had filed W.P.(C) No.17472 of 2007 in this Court. It appears that the eighth respondent has since been appointed as Training School Assistant against another vacancy. Therefore, when W.P.(C) No. 17472 of 2007 came up for hearing today, the learned counsel appearing for the eighth respondent (the petitioner in W.P.(C) No 17472 of 2007) submitted that the said writ petition may be dismissed as not pressed. Accordingly, W.P.(C) No 17472 of 2007 stands dismissed as not pressed. 3. On going through the pleadings and after hearing the submissions made at the Bar, it is evident that the petitioner’s appointment as Training School Assistant with effect from 1-1-2008 has not so far been approved, in view of the rival claim made by the eighth respondent and pendency of W.P.(C) No 17472 of 2007. Since both these grounds do not now exist, I dispose of this writ petition with a direction to the District Educational Officer to approve the appointment of the petitioner as Training School Assistant, if her appointment is otherwise in order. Final orders in the matter shall be passed within one month from the date on which the petitioner produces a certified copy of this judgment before the District WPC 34982/2008 3 Educational Officer. Needless to say, in the event of the appointment being approved, the respondents shall take expeditious steps to disburse arrears of salary and allowances to the petitioner. P.N.RAVINDRAN, JUDGE. mn.