IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 7TH AUGUST 2009 / 16TH SRAVANA 1931 WP(C).No. 21167 of 2009(M) -------------------------- PETITIONER(S): --------------- NAUSHAD K H.S.A URDU (PT) KUTTAMBOOR HIGH SCHOOL PUNNASSERY PO, NARIKUNI, KOZHIKODE DISTRICT. BY ADV. SRI.P.J.MATHEW RESPONDENT(S): --------------- 1. THE STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION KOZHIKODE. 3. THE DISTRICT EDUCATIONAL OFFICER THAMARASSERY, KOZHIKODE DISTRICT. 4. MANAGER KUTTAMBOOR HIGH SCHOOL,PUNNASSERY PO NARIKUNI VIA, KOZHIKODE DISTRICT,PIN 673 585. 5. SARIKA E, PHYSICAL EDUCATION TEACHER, KUTTAMBOOR HIGH SCHOOL,PUNNASSERY PO NARIKUNI VIA, KOZHIKODE DISTRICT,PIN 673 585. R1 TO R3 BY G.P. SHRI A.J. VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.21167 of 2009-M - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of August, 2009. JUDGMENT The petitioner herein is working as HSA Urdu (Part-time). He was appointed in a retirement vacancy which arose on 31.5.2009 on the retirement of Shri P.K. Moidy, Urdu Teacher. The proposal for approval was rejected by Ext.P1, as the vacancy has to be filled up by a protected teacher. Since the Manager has not filed any appeal, the petitioner filed an appeal as per Ext.P2 which is pending before the second respondent. 2. According to the petitioner, the petitioner's appointment has been converted into a daily wage appointment as ordered in Ext.P3. It is points out that this was done without the knowledge of the petitioner and without deciding Ext.P2 appeal. The petitioner further pointed out that in the meanwhile, the approval of appointment of a Physical Education teacher, viz. the 6th respondent has been directed to be granted as per Ext.P3. It is also stated that as far as the post of Urdu is concerned, there is no protected teacher available whereas as far as Physical Eduction teachers are concerned, two protected teaches were available in the same educational district. It is therefore pointed out that the objection taken against the wpc 21167/2009 2 approval of appointment of the petitioner is not justified. 3. Since the appeal is pending, this court will not be justified in deciding the matter on merits. There will be a direction to the second respondent to take a decision on Ext.P2 after hearing the petitioner and the Manager, within a period of two months from the date of receipt of a copy of this judgment. The petitioner's contentions will be considered on merits by the appellate authority. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/