IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 27TH JULY 2011 / 5TH SRAVANA 1933 WP(C).No. 20492 of 2011(J) -------------------------- PETITIONER: --------------- K.S.SAVITHA, WIFE OF K.J.BEJOY, AGED 30 YEARS, HIGH SCHOOL ASSISTANT (MALAYALAM), S N G HIGH SCHOOL, KANIMANGALAM, THRISSUR-17. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, THIRUVANANTHAPURAM-695 014. 3. THE DEPUTY DIRECTOR OF EDUCATION, THRISSUR AT AYYANTHOLE, THRISSUR DISTRICT-680 003. 4. THE DISTRICT EDUCATIONAL OFFICER, THRISSUR DISTRICT-680 001. 5. THE MANAGER, S N G HIGH SCHOOL, KANIMANGALAM, THRISSUR DISTRICT-680 017. BY GOVT.PLEADER SHRI V.VIJULAL FOR R1 TO R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.20492/11 PETITIONER'S EXTS: EXT.P1: COPY OF THE ORDER OF APPOINTMENT OF THE PETITIONER DT.NIL EXT.P2: COY OF THE ORDER NO.B5-5198/07/K.DIS OF THE 4TH RESPONDENT DT.22.10.07. EXT.P3: COPY OF LETTER NO.35233/E2/07/G.EDN. OF THE GOVERNMENT DT.3.11.07. EXT.P4: COPY OF THE ORDER NO.K.DIS.B3-25083/07 OF THE DEPUTY DIRECTOR DT.25.3.08. EXT.P5: COPY OF ORDER NO.EM(I)29230/08/DPI/K.DIS.OF THE DIRECTOR DT.25.10.08. EXT.P6: COPY OR ORDERNO.29183/E3/09/G.EDN. OF THE GOVERNMENT DT.18.8.09. EXT.P7: COPY OF REVISED STAFF FIXATION ORDER NO.B5/2939/2010/K.DIS. OF THE 4TH RESPONDENT DT.11.6.10.. EXT.P8: COPY OF THE BOND EXECUTED BY THE MANAGER DT.7.4.10.. EXT.P9: COPY OF THE ORDER NO.B5/8851/2010 OF THE 4TH RESPONDENT DT.28.3.11. EXT.P10: COPY OF THE REVISION PETITION FILED BEFORE THE GOVERNMENT DT.25.5.11. TRUE COPY P.A.TO JUDGE T.R.RAMACHANDRAN NAIR, J. ------------------------------------- W.P.(C)No.20492 Of 2011-J -------------------------------------------------- DATED THIS THE 27TH DAY OF JULY, 2011 J U D G M E N T Exhibit P10 produced along with the Writ Petition is a revision petition filed by the petitioner under Rule 92 of Chapter XIV-A of the Kerala Education Rules. 2. The petitioner is a High School Assistant in the school managed by the 5th respondent. The approval of appointment made as per Exhibit P1 has been declined by the District Educational Officer in the light of the ban order issued by the Government as per GO(P)No.317/2005/G.Edn. Dated 17.8.2005. Due to ban order, the appeal was rejected by the Deputy Director of Education as per Exhibit P4 which was confirmed by the Director of Public Instruction as per Exhibit P5 and later by the Government as per Exhibit P6. It is pointed out that the ban order was lifted as per GO(P)No.10/10/G.Edn. dated 12.1.2010 and staff fixation orders for 2006 to 2010 were revised as per Exhibit P7 order. Exhibit P8 is the copy of the bond furnished by the Manager and except the appointment of the petitioner, W.P.(C)No.20492/11 -2- appointments of others have been approved. The approval of appointment of the petitioner is declined only for the reason that the Manager has not submitted a proposal. 3. It is upto the Government to take a decision on Exhibit P10 after hearing the parties. There will be a direction to the Government to take a decision on Exhibit P10 in accordance with law after hearing the parties within a period of five months from the date of receipt of a copy of this judgment. All aspects will be considered in the light of the orders produced by the petitioner. The petitioner will forward a copy of the Writ Petition along with a certified copy of this judgment to the 1st respondent-Government for compliance. The Writ Petition is disposed of as above. SD/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn