IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 12TH JANUARY 2009 / 22ND POUSHA 1930 WP(C).No. 1097 of 2009(E) PETITIONER: --------------- T.A.SAMEERA, W/O.ABDUL FATHAH, AGED 33 YEARS. LOWER GRADE ARABIC TEACHER,A.M.M.L.P.SCHOOL, PULIKKAL-673 637, KONDOTTY SUB DISTRICT, MALAPPURAM DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENTS: --------------- 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, TRIVANDRUM-14. 3. THE DISTRICT EDUCATIONAL OFFICER, MALAPPURAM DISTRICT. 4. THE ASSISTANT EDUCATIONAL OFFICER, KONDOTTY, MALAPPURAM DISTRICT. 5. THE MANAGER,A.M.L.P.SCHOOL, PULIKKAL-673 637, KONDOTTY SUB DISTRICT, MALAPPURAM DISTRICT. GOVERNMENT PLEADER SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C) NO. 1097 OF 2009 E ------------------------------------------------------ Dated this the 12th January, 2009 JUDGMENT The petitioner was appointed as Lower Grade Arabic Teacher from 6.6.1996 to 15.12.1996, from 22.9.1997 to 20.12.1997 and from 6.1.1998 to 7.3.1998. It is stated that these appointments were approved by the Education Department and thus the petitioner is entitled for a preferential claim under Rule 51A of Chapter XIVA of the Kerala Education Rules. As per Ext.P1 appointment order, the Manager appointed the petitioner as Lower Grade Arabic Teacher from 2.6.2008 against a regular vacancy. It is stated that the Manager has forwarded the appointment papers with necessary records to the Assistant Educational Officer within time. The grievance of the petitioner is that even after expiry of six months the Assistant Educational Officer has not passed any order on the proposal for approval of the appointment of the petitioner. 2. It is submitted that as per Rule 8(2) of Chapter XIVA of the Kerala Education Rules, the Educational Officer has to pass orders on the proposal for approval as expeditiously as possible and, at any rate, not later than thirty days from the date of receipt of appointment order and other records. The petitioner also relied on the decision in Antony v. W.P.(C) NO.1097 OF 2009 :: 2 :: State of Kerala (2000 (1) KLT Short Notes 28 Case No.31). In G.O.(Rt) No.737/91/G.Edn. dated 8.3.1991 issued by the Government, it is provided thus: “vi) Regarding approval of appointments of Teachers/Non-Teaching staff, the Assistant Educational Officers and District Educational Officers who are the Controlling Officers shall pass final orders in each case within two months positively. If they fail to do so the Deputy Director of Education should oversee and direct the Controlling Officer to grant provisional approval and payment of salary. He will take action against the persons who delayed the case, and award suitable punishment. If, when an officer concerned to grant approval, or an High Officer were to hold later that the appointment was irregular and cannot be approved, then the salary paid will be realised from the Controlling Educational officer concerned who has granted the provisional approval.” 3. The reliefs prayed for in the Writ Petition are the following: “i) issue a writ of mandamus or other appropriate writ order or direction commanding the 4th Respondent Assistant Educational Officer, Kondotty to approve the appointment of the Petitioner as Lower Grade Arabic Teacher from 2.6.2008 onwards and disburse the salary and allowances forthwith; ii) pass such other order or direction which this Hon'ble Court may deem fit and proper to grant in the circumstances of the case.” 4. Learned counsel for the petitioner submits that the petitioner confines her relief to a direction to the Assistant Educational Officer, Kondotty to dispose of the proposal for approval of the appointment of the petitioner as expeditiously as possible. Learned Government Pleader W.P.(C) NO.1097 OF 2009 :: 3 :: submits that the Assistant Educational Officer will dispose of the proposal for approval within a period of fifteen days. In the facts and circumstances of the case, the Writ Petition is disposed of as follows: a) The Assistant Educational Officer, Kondotty, Malappuram District shall consider and dispose of the proposal for approval of the appointment of the petitioner as Lower Grade Arabic Teacher from 2.6.2008 onwards, as expeditiously as possible and, at any rate, within fifteen days from the date of receipt of a copy of this judgment. b) The petitioner shall produce certified copy of the judgment and a copy of the Writ Petition before the Assistant Educational Officer. (K.T.SANKARAN) Judge ahz/