IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 27TH MAY 2011 / 6TH JYAISHTA 1933 WP(C).No. 3226 of 2011(C) ------------------------- PETITIONER(S): --------------- MUNEERA K, LPSA, PMSAPTMA LOWER PRIMARY SCHOOL, PALAKKAD NORTH, KUZHIMANNA VIA. BY ADV. DR.GEORGE ABRAHAM RESPONDENT(S): --------------- 1. ASSISTANT EDUCATIONAL OFFICER KIZHISSERI 673 641. 2. DISTRICT EDUCATIONAL OFFICER MALAPPURAM 673 001. 3. DIRECTOR OF PUBLIC INSTRUCTIONS THIRUVANANTHAPURAM 695 001. 4. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001 5. MANAGER PMSAPTMM LOWER PRIMARY SCHOLL, PALAKKAD NORTH, KUZHIMANNA VIA 673 688. R1 TO R4 BY G.P. SMT. RANI DIOTHIMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX EXT.P1-TRUE COPY OF APPOINTMENT ORDER ISSUED TO THE PETITIONERs EXT.P2-TRUE COPY OF ORDER OF R1 EXT.P3-TRUE COPY OF APPEAL FILED BY THE MANAGER EXT.P4-TRUE COPY OF ORDER OF DEO DATED 1.3.2007 EXT.P5-TRUE COPY OF ORDER OF DPI DATED 10/3/2008 EXT.P6-TRUE COPY OF DETAILS OF PROTECTED TEACHERS IN MALAPPURAM DISTRICT EXT.P7-TRUE COPY OF RDER DATED 25.9.2009 EXT.P8-TRUE COPY OF REVISION DATED 21.6.2009 // TRUE COPY // P.S. TO JUDGE T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 3226 of 2011-C - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of May, 2011. JUDGMENT The petitioner is seeking for approval of appointment as LPSA in the school managed by the fifth respondent. 2. Heard learned counsel for the petitioner and learned Govt. Pleader. 3. Learned counsel for the petitioner prays that the Government may be directed to reconsider the matter in the light of the materials produced by the petitioner as Ext.P6 in the writ petition. 4. This is a case where the Government took the view in Ext.P7 that the vacancy will have to be filled up by a protected teacher. It is submitted that the list of protected teachers will show that no protected teachers are available in the Educational sub district under the Assistant Educational Officer, Kizhisseri. Therefore, learned counsel for the petitioner submitted that the issue is covered in favour of the petitioner, in the light of the judgment in Moosakutty v. D.E.O., Wandoor (2009 (3) KLT 863) which decision was affirmed by a Division Bench in a Writ Appeal and the Apex Court in Civil Appeal No.36556/2010 upheld the judgment of the Division Bench. wpc 3226/2011 2 5. Since the petitioner is relying upon Ext.P6, it will be open to her to produce the same before the Government. In that view of the matter, Ext.P7 communication is set aside. There will be a direction to the Government to reconsider the matter as sought for in Ext.P8 representation filed by the petitioner, after hearing the petitioner and the Manager, within a period of three months from the date of receipt of a copy of this judgment. The petitioner is free to produce the materials which are relied upon by her, before the Government. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/