IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 24TH JUNE 2009 / 3RD ASHADHA 1931 WP(C).No. 17592 of 2009(T) -------------------------- PETITIONER(S): --------------- AJU P.S. KARUNNIA VILASOM, KATCHERI WARD, NEYYATTINKARA.P.O. BY ADV. SRI.R.T.PRADEEP SRI.V.VIJULAL RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. DEPUTY DIRECTOR OF EDUCATION, KOLLAM. 3. THE DISTRICT EDUCATIONAL OFFICER, KOTTARAKKARA. 4. THE MANAGER, L.M.S SPECIAL SCHOOLS, SOUTH KERALA DIOCESE, CHURCH OF SOUTH INDIA, L.M.S COMPOUND, TRIVANDRUM-33. SENIOR GOVERNMENT PLEADER, SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.17592/2009-T ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 24th day of June, 2009 J U D G M E N T The petitioner herein was appointed as Assistant Teacher under the fourth respondent school which is a Special School for the deaf and dumb. His was appointed, on 09/11/2006, in the vacancy which arose due to the promotion of one Smt.B.Anitha who was an Assistant Teacher as H.S.A (English). The approval of the appointment of the petitioner was rejected as per Ext.P3 for want of approval of appointment of senior claimants from one Smt.Sophy Gabriel downwards to petitioner. Ext.P3 was challenged in appeal by the Manager before the second respondent. The petitioner is relying upon Ext.P5 Circular, which according to the petitioner enables the authority to approve the appointment even if approval is pending in respect of senior claimants. 2. The petitioner has thereafter, filed Ext.P6 representation before the appellate authority before whom Ext.P4 appeal filed by the Manager is pending. The petitioner has also produced Ext.P7 judgment of this Court in W.P.(C).No.7851/2006, wherein a direction was issued in respect of another claimant to consider approval in the light of the Circular W.P.(C). No.17592/2009 -:2:- No.23323/J1/89/Gl.Edn., dated 06/11/1989, issued by the Government. Ext.P8 is the resultant order passed by the Deputy Director of Education, Thiruvananthapuram, whereby approval has been granted in respect of the said Teacher. 3. Therefore, there will be a direction to the second respondent to take a decision on Exts.P4 and P6 after hearing the petitioner and the Manager within a period of six weeks from the date of receipt of a copy of this judgment. The petitioner will be free to rely upon any materials that are produced in this writ petition namely Exts.P5 to P8 before the Deputy Director of Education and, if that be so, the same will also be considered strictly in accordance with law. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms