IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 3RD JULY 2008 / 12TH ASHADHA 1930 WP(C).No. 20111 of 2008(T) PETITIONER: ------------ C.L.JAYACHITRA, HIGHER SECONDARY SCHOOL TEACHER (JR.) (ECONOMICS), NAIR SAMAJAM HIGHER SECONDARY SCHOOL, MANNAR. BY ADV. SRI.S.SUBHASH CHAND RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION HIGHER SECONDARY EDUCATION, GOVERNMENT SECRETARIAT, TRIVANDRUM 2. DIRECTOR OF HIGHER SECONDARY EDUCATION OFFICE OF THE DIRECTOR OF HIGHER SECONDARY EDUCATION HOUSING BOARD BUILDING, SANTHINAGAR, THIRUVANANTHAPURAM- 1 3. REGIONAL DEPUTY DIRECTOR, OFFICE OF THE REGIONAL DEPUTY DIRECTOR, HIGHER SECONDARY EDUCATION CORPORATION BUILDING,4TH FLOOR, PALAYAM,THIRUVANANTHAPURAM 4. MANAGER, NAIR SAMAJAM HIGHER SECONDARY SCHOOL/ NAIR SAMAJAM BOYS' HIGH SCHOOL/ NAIR SAMAJAM GIRLS' HIGH SCHOOL/TTI MANNAR GOVERNMENT PLEADER SRI.A.J.VARGHESE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------------------- W.P.(C) NO. 20111 OF 2008 T -------------------------------------------- Dated this the 3rd July, 2008 JUDGMENT As per Ext.P1 appointment order dated 6.6.2001, the petitioner was appointed as Upper Primary School Assistant in Nair Samajam Girls' High School, Manner. The appointment of the petitioner was approved with effect from 6.6.2001. Subsequently, the petitioner was appointed as Higher Secondary School Teacher (Junior) (Economics) on 4.7.2001, as per Ext.P2 order of appointment. Ext.P2 order of appointment was given at a time when the Government had issued a ban on appointment of aided Higher Secondary School Teachers. The ban was for the period from 14.2.2001 to 12.11.2001. As per Ext.P4 order dated 7.8.2002, the Director of Higher Secondary Education approved the appointment of the petitioner with effect from 13.11.2001, the day succeeding the day when the ban was lifted. It is submitted that in the light of the ban on appointment, the Manager had given a letter of appointment showing 13.11.2001 as the effective date of appointment though Ext.P2 appointment order was for the period from 4.7.2001. 2. It is submitted by the petitioner that Ext.P3 attendance register would show that the petitioner worked as UPSA till 3.7.2001 and Ext.P5 attendance register would show that she worked as HSST (Junior) (Economics) from 4.7.2001 onwards. W.P.(C) NO.20111 OF 2008 :: 2 :: 3. The petitioner relies on Ext.P6 Government Order dated 7.5.2007, by which persons similarly situated as that of the petitioner were granted the benefit of approval of appointment from the date of appointment itself, even though the date of appointment happened to be during the period of ban as per the earlier Government Orders. Pointing out the same, petitioner submitted Ext.P8 representation dated 24.5.2008 to the Director of Higher Secondary Education and the Regional Deputy Director. Ext.P8 is pending disposal. 4. The reliefs prayed for by the petitioner in the Writ Petition are the following: i) To issue a writ in the nature of mandamus or any other appropriate writ or order directing respondent Nos.2 and 3 to grant the benefit of Ext.P6 Government order to the petitioner within such time as this Hon'ble Court may deem fit and proper in the interest of justice; ii) To issue a writ in the nature of mandamus or any other appropriate writ or order directing respondent Nos.2 and 3 to regularize the service of the petitioner as HSST (Jr.) with effect from 4/7/2001 to 12/11/2001 onwards in the light of Ext.P6 Government Order within such time as this Hon'ble Court may deem fit and proper in the interest of justice; iii) To issue a writ in the nature of mandamus or any other appropriate writ or order directing respondent Nos.2 and 3 to consider and pass final orders on Ext.P8 representation 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 W.P.(C) NO.20111 OF 2008 :: 3 :: iv) To mould and grant such other reliefs, as this Hon'ble Court shall deem just and proper in the interest of justice, including costs.” 5. Learned counsel for the petitioner submits that, for the time being, the petitioner would be satisfied if a direction is issued to the Director of Higher Secondary Education to dispose of Ext.P8 representation expeditiously. 6. Learned Government Pleader submitted that the authority who is to dispose of Ext.P8 is the Director of Higher Secondary Education and not the Regional Deputy Director. He also submitted that Ext.P8 will be disposed of without much delay. 7. In the manner in which I dispose of the Writ Petition, I do not think notice is to be issued to the Manager (fourth respondent). Government Pleader takes notice for Respondents 1 to 3. In the facts and circumstances of the case, the Writ Petition is disposed of in the following manner: a) The Director of Higher Secondary Education shall dispose of Ext.P8 representation submitted by the petitioner as expeditiously W.P.(C) NO.20111 OF 2008 :: 4 :: as possible and, at any rate, within a period of two months, after affording an opportunity of being heard to the petitioner and the Manager of the School. b) The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the Director of Higher Secondary Education. c) The petitioner shall send a copy of the judgment to the fourth respondent by registered post and shall produce proof of the same before the Director of Higher Secondary Education. (K.T.SANKARAN) Judge ahz/