IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 5TH FEBRUARY 2009 / 16TH MAGHA 1930 WP(C).No. 3902 of 2009(M) ------------------------- PETITIONER(S): --------------- SINI JOY, W/O.P.K. ALEXANDER, PANUVELIL HOUSE, CHOORAKODU.P.O, ADOOR (LOWER PRIMARY SCHOOL ASSISTANT, ST. MARY'S MAHILA MANDIRAM UPPER PRIMARY SCHOOL, ADOOR) BY ADV. SRI.S.SUBHASH CHAND RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF PUBLIC INSTRUCTION, OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. DISTRICT EDUCATIONAL OFFICER, OFFICER OF THE DISTRICT EDUCATIONAL OFFICER, PATHANAMTHITTA. 4. ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, ADOOR. 6. CORPORATE MANAGER, MMC CORPORATE MANAGEMENT SCHOOLS, PULAMON.P.O, KOTTARAKKARA, KOLLAM. GOVERNMENT PLEADER SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- W.P.(C).No.3902 of 2009 --------------------------------------------- Dated this the 5th day of February, 2009 JUDGMENT The petitioner was appointed as LPSA in St.Mary's Mahila Mandiram Upper Primary School, Adoor in a leave vacancy for the period from 2.1.2002 to 7.3.2002. The proposal for approval of appointment was rejected by the Assistant Educational Officer and it was confirmed by the District Educational Officer as well as by the Director of Public Instruction. However, on Revision filed by the petitioner, the first respondent approved the appointment as per Ext.P1 order dated 26.12.2008. 2. For another spell from 19.10.2002 to 10.12.2002, the petitioner was appointed as UPSA in the same school. That appointment was approved by the Assistant Educational Officer as per Ext.P2. Subsequently, the petitioner was appointed as UPSA in the same school for the period from 1.7.2003 to 14.10.2003 as per Ext.P3 appointment order. The Assistant Educational Officer rejected the approval of Ext.P3 appointment order as per Ext.P4 order passed by him. Though the Manager WPC No.3902/2009 2 filed statutory Appeal and Revision, the Appeal and Revision were dismissed by respondents 3 and 2, as per Exts.P5 and P6 orders respectively. Challenging Ext.P6 order, the petitioner has filed Ext.P8 Revision before the first respondent. Ext.P8 Revision is pending disposal. 3. The reliefs prayed for by the petitioner are the following: “(i) To issue a writ in the nature of certiorari or any other appropriate writ or order quashing Exts.P4, P5 and P6 orders passed by respondent Nos.2, 3 and 4 in the light of Exts.P1, P2 and P7 orders of approval granted in respect of the appointments effected in St.Mary's Mahila Mandiram Upper Primary School, Adoor. (ii) To issue a writ in the nature of mandamus or any other appropriate writ or order directing respondent No.1 to consider and pass final orders on Ext.P8 revision petition with notice and opportunity of hearing to the petitioner within such time as this Hon'ble Court may deem fit and proper in the interest of justice and (iii) to mould and grant such other reliefs, as this Hon'ble Court shall deem just and proper in the interest of justice, including costs.” 4. Learned counsel for the petitioner submits that the petitioner confines her relief to relief No.(ii). The learned WPC No.3902/2009 3 Government Pleader submitted that Ext.P8 Revision will be disposed of without delay. In the facts and circumstances of the case, the Writ Petition is disposed of as follows: (i) The first respondent shall consider and dispose of Ext.P8 Revision dated 15.12.2008 filed by the petitioner, as expeditiously as possible, and at any rate within a period of three months from the date of receipt of a copy of the judgment, after affording an opportunity of being heard to the petitioner and respondent No.5, the Corporate Manager. (ii) The petitioner shall produce a copy of the Writ petition and certified copy of the judgment. (iii) The petitioner shall send a copy of the judgment and a copy of the Writ Petition to the fifth respondent by registered post and shall produce proof of the same before the first respondent. K.T.SANKARAN, JUDGE csl