IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 28TH NOVEMBER 2011 / 7TH AGRAHAYANA 1933 WP(C).No. 26271 of 2011(H) -------------------------------- PETITIONER: -------------- SMT.JANE PAUL.K., H.S.A.(MALAYALAM), ST.SEBASTIAN'S HIGH SCHOOL, KUTTIKKAD, (RESIDING AT KUTTIKKAL HOUSE, KARALAM P.O., THRISSUR). BY ADV. SRI.MVS.NAMBOOTHIRY RESPONDENTS: ------------------ 1. STATE OF KERALA - REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695001. 2. THE DEPUTY DIRECTOR OF EDUCATION, THRISSUR - 680001. 3. THE DISTRICT EDUCATIONAL OFFICER, IRINJALAKUDA - 680 121. 4. THE CORPORATE MANAGER, CORPORATE EDUCATIONAL AGENCY, DIOCESE OF IRINJALAKUDA, PASTORAL CENTRE, IRINJALAKUDA - 680 121. BY SRI. V. VIJULAL, GOVERNMENT PLEADER. SRI.S.MUHAMMED HANEEFF FOR R4. SRI.R.KRISHNAKUMAR (CHERTHALA) FOR R4. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.26271/2011 A P P E N D I X PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE ORDER DATED 29.4.2009 ISSUED BY THE 2ND RESPONDENT. EXT.P2 TRUE COPY OF THE ORDER DATED 28.10.2009 ISSUED BY THE DEO. EXT.P3 TRUE COPY OF THE ORDER DATED 14.2.2010 ISSUED BY THE 2ND RESPONDENT. EXT.P4 TRUE COPY OF THE G.O. DATED 28.2.11 EXT.P5 TRUE COPY OF THE JUDGEMENT DT.27.6.11 IN WPC NO.12007/2011 OF THIS HON'BLE COURT. EXT.P6 TRUE COPY OF THE JUDGEMENT DT.25.7.11 IN WPC NO.19533/2011. EXT.P7 TRUE COPY OF THE ORDER DATED 23.9.11 ISSUED BY THE DEO, APPROVING THE APPOINTMENT OF SMT.M.V.DEEPA. EXT.P8 TRUE COPY OF THE ORDER DATED 23.9.11 ISSUED BY THE DEO, APPROVING THE APPOINTMENT OF SMT.MERLIN ANTONY. EXT.P9 TRUE COPY OF THE ORDER DATED 23.9.11 ISSUED BY THE DEO, APPROVING THE APPOINTMENT OF SMT.SMITHA THOMAS. EXT.P10 TRUE COPY OF THE ORDER DATED 23.9.11 ISSUED BY THE DEO, APPROVING THE APPOINTMENT OF SMT.JINI ANTONY. EXT.P11 TRUE COPY OF THE ORDER DATED 23.9.11 ISSUED BY THE DEO, APPROVING THE APPOINTMENT OF SMT.SHIBY P.JOSE. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.26271 OF 2011 --------------------------------------- Dated this the 28th day of November, 2011. J U D G M E N T The challenge herein is against non approval of appointment of the petitioner as H.S.A (Malayalam) under the 4th respondent Management. The petitioner was appointed as such on 01.06.2007 and was posted in the Kuttikkad St.Sebastian's High School. It is the case of the petitioner that a vacancy arose consequent on the resignation of one Sri.Jobin M.Thomas, H.S.A (Malayalam). Apart from the petitioner, the 4th respondent had appointed five other candidates also as H.S.A (Malayalam) in certain regular vacancies. The approval to all such appointments were declined by the Educational Officer. 2. It appears that Smt.M.V. Deepa, Smt.Merlin Antony Anikkad, Smt.Smitha Thomas, Smt.Jiny Antony and Smt.Shiby P.Jose are the seniors who are awaiting approval. Exts.P3 and P4 are the orders passed by the Deputy Director of Education and the Government. Smt.M.V.Deepa's appointment has been W.P.(C) No.26271/2011 2 directed to be approved by Ext.P14. The petitioner points out that Smt.Merlin Antony and Smt.Smitha Thomas approached this Court by filing a writ petition as W.P.(C) No.12007/2011 seeking for grant of approval and by Ext.P5 judgment dated 27.06.2011, a direction was issued to the 3rd respondent therein to finalise the action with regard to the approval of appointment of the petitioners along with that of Smt.Deepa M.V. as directed by the Government. Similarly, Smt.Shibi P.Jose and Smt.Jiny Antony also approached this Court by filing W.P.(C) No.19533/2011 which was disposed of with a similar direction as per Ext.P6. Exts.P7 to P11 are the orders granting approval to the above five teachers. Therefore, according to the learned counsel for the petitioner, only the petitioner remains in the array waiting for approval. 3. By relying upon the averments in the statement filed by the 3rd respondent, learned Government Pleader points out that one Smt.Bency Paul, H.S.S.T (Malayalam) is also awaiting approval for the period from 15.07.2003 to 14.07.2008 as H.S.A (Malayalam) and since regularisation of the said period has not W.P.(C) No.26271/2011 3 been made by Manager so far, the appointment of the petitioner has not been approved. Learned counsel for the Manager submitted that the said period has been regularised already to his knowledge. In that view of the matter, Exts.P1 to P4 are quashed. There will be a direction to the District Educational Officer to consider the grant of approval of appointment of the petitioner in the light of the fact that five other seniors of the petitioner have been granted approval as evident from Exts.P7 to P11 orders. If the Manager has not regularised the service of Smt.Bency Paul for the period from 15.07.2003 to 14.07.2008, appropriate directions also will be issued in the matter. The directions as above will be complied with, within a period of two months. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp