IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 26TH NOVEMBER 2009 / 5TH AGRAHAYANA 1931 WP(C).No. 33745 of 2009(K) -------------------------- PETITIONER(S): --------------- M.B. MURALEEDATHA KUMARI, AGED 40 YEARS, W/O. VIJAYAKUMAR, UPPER PRIMARY SCHOOL ASSISTANT, FOR GIRL'S MISSION HIGH SCHOOL, TRIVANDRUM. 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, TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, TRIVANDRUM - 14. 3. THE DISTRICT EDUCATIONAL OFFICER, TRIVANDRUM. 4. THE MANAGER, FOR GIRL'S MISSIION HIGH SCHOOL, TRIVANDRUM. 5. THE HEADMASTER, FOR GIRLS' MISSION HIGH SCHOOL, TRIVANDRUM. SENIOR GOVERNMENT PLEADER SHRI T.T.MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.33745/2009-K ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 26th day of November, 2009 J U D G M E N T The petitioner is an Upper Primary School Assistant working under the fourth respondent Manager. She was initially appointed against a leave vacancy of Smt.Susmitha Nissie Sumanam, U.P.S.A who availed leave for the period from 30/10/2002 to 03/01/2003. Again the leave period was extended till 28/03/2003 and the petitioner was allowed to continue till 28/03/2003. The appointment of the petitioner for the period from 30/10/2002 to 03/01/2003 has been approved by the third respondent and she was disbursed the salary also. But, for a portion of the subsequent period, she has not been paid salary, i.e. from 04/03/2003 to 28/03/2003. 2. Again the petitioner was appointed from 02/06/2003 to 14/10/2003 against the maternity leave vacancy of the same U.P.S.A. The same stands approved as per Ext.P2. She was thereafter appointed in a maternity leave vacancy of Smt.Asha Cheriyan for the period from 10/11/2003 to 23/03/2004 and she was allowed to continue upto 30/03/2004 till the expiry of the vacancy. Ultimately, she was relieved from the service as on that day. It is the case W.P.(C). No.33745/2009 -:2:- of the petitioner that she was not paid salary for the period from 24/03/2004 to 30/03/2004. 3. The petitioner was again appointed from 10/09/2004 to 12/11/2004 against a further leave vacancy of Smt.Asha Cherian. The said appointment has not been approved. The petitioner approached this Court by filing W.P.(C). No.9811/2009 and pursuant to the directions issued as per Judgment dated 26/03/2009, the District Educational Officer considered the matter and rejected the approval of the petitioner on the ground that there is no vacancy to accommodate the petitioner and that there are two 51A claimants awaiting for the appointment. The said order of the District Educational Officer is produced as Ext.P8. Ext.P9 is the revision petition filed by the petitioner before the Director of Public Instruction against Ext.P8 order. The petitioner seeks for a direction to take a decision on Ext.P9 within a time frame. 4. Heard the learned Government Pleader for respondent Nos.1 to 3. In the light of the facts pointed out by the petitioner, there will be a direction to the Director of Public Instruction to take a decision on Ext.P9 after hearing the petitioner and the Manager within a W.P.(C). No.33745/2009 -:3:- 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