IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 17TH SEPTEMBER 2009 / 26TH BHADRA 1931 WP(C).No. 19017 of 2009(V) -------------------------- PETITIONER(S): --------------- REMYA.K.R.,AGED 27 YEARS W/O. T.M.RAMANATH, H.S.A. ENGLISH A.M.M.M.H.S.SCHOOL, PALAKKAD RESIDING AT THACHAMUCHIKKAL HOUSE, VILAYANOOR POST PALAKKAD. BY ADV. SRI.U.BALAGANGADHARAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, GENERAL EDUCATION DEPARTMENT THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION PALAKKAD. 4. THE DISTRICT EDUCATION OFFICER PALAKKAD. 5. THE MANAGER A.S.M.M.H.S.SCHOOL, ALATHUR, PALAKKAD. 6. THE HEADMISTRESS A.S.M.M.H.S.SCHOOL, ALATHUR, PALAKKAD. SENIOR GOVERNMENT PLEADER, SHRI MUHAMOOD T.T THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.19017/2009-V ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 17th day of September, 2009 J U D G M E N T The petitioner was appointed as per Ext.P3 in a leave vacancy the duration of which was from 08/06/2008 to 07/12/2009. One Smt.C.R.Resmi, H.S.A (English) availed of leave to join spouse abroad, for the above period. 2. Petitioner's appointment was approved by the concerned Educational Officer with effect from 09/06/2008 to 31/03/2009 on daily wage basis at the rate of Rs.250/- per day, going by the endorsement in Ext.P3. Challenging the same, the petitioner has filed Ext.P4 appeal before the Deputy Director of Education, Palakkad. Learned counsel for the petitioner submitted that the approval as ordered now cannot be justified in the light of Rule 7A(3) of Chapter XIV A K.E.R as the vacancy is beyond one academic year. It is a matter for the appellate authority to consider. 3. There will be a direction to the Deputy Director of Education, Palakkad to take a decision on Ext.P4 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 writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms