IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 9TH NOVEMBER 2009 / 18TH KARTHIKA 1931 WP(C).No. 31895 of 2009(F) -------------------------- PETITIONER: --------------- ELIZABETH SEBASTIAN,HSA (ENGLISH), J.J.M.M.H.S.S,YENDAYAR KOTTAYAM DISTRICT. BY ADV. SRI.V.C.JAMES SRI.GEORGE MECHERIL RESPONDENTS: --------------- 1. THE STATE OF KERALA REP:BY ITS SECRETARY TO GOVERNMENT,GENERAL EDUCATION DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM. 2. THE D.P.I,THIRUVANANTHAPURAM. 3. THE DY.DIRECTOR OF EDUCATION, KOTTAYAM. 4. THE DISTRICT EDUCATIONAL OFFICER, KANJIRAPPALLY,KOTTAYAM DISTRICT. 5. THE MANAGER,J.J.M.M.H.S.S,YENDAYAR(P.O), YENDAYAR,KOTTAYAM DISTRICT. BY GOVT. PLEADER SRI. DILIP MOHAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No.31895 of 2009 -------------------------- Dated this the 9th November,2009 J U D G M E N T The petitioner herein is presently working as H.S.A (English) in the school managed by the 5th respondent Manager. She was appointed as H.S.A by the 5th respondent Manager on 2.6.2008 in the promotion vacancy of Smt.Mercy Mathew, H.S.A (Natural Science) as HSST. 2. Since the District Educational Officer did not take any steps for a long time to grant the approval, the petitioner approached the Director of Public Instruction and requested to issue appropriate directions to the District Educational Officer for the approval of her appointment. By Ext.P2, the Director of Public Instruction directed the District Educational Officer to dispose of the case after setting apart the vacancies reserved for protected teachers as per rules. It is submitted that the District Educational Officer declined to grant approval as per Ext.P3 and against the same the Manager has filed an appeal before the Deputy Director of Education, W.P ( C) No.31895 of 2009 2 Kottayam. Ext.P4 is the order passed by the Deputy Director confirming the order passed by the District Educational Officer. 3. Ext.P6 is the revision petition filed by the Manager challenging these orders. In Ground D of the writ petition, it is stated that the Manager of the school has already set apart one vacancy of H.S.A (Malayalam) in the school w.e.f. 1.6.2007 for absorbing a protected teacher and had actually issued an order of appointment to one P.J.John from the list forwarded by the Deputy Director of Education. But he did not join duty. The vacancy is still available for appointment to protected teachers. Nobody is available in the list already forwarded by the Deputy Director. Finally, the Manager has requested the Deputy Director to furnish the state-wise list of protected teachers (Malayalam) for appointment. It is the contention of the petitioner that in the light of the above factual situation, the orders declining approval cannot be sustained. These are matters for appropriate consideration by the Director of Public Instruction while W.P ( C) No.31895 of 2009 3 passing orders on Ext.P6. Petitioner prays that an expeditious disposal of Ext.P6 is warranted as the petitioner is working without any salary. 4. There will be a direction to the 2nd respondent to take a decision on Ext.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. Petitioner will produce a copy of the writ petition along with copy of this judgment before the 2nd respondent, for compliance. Writ petition is disposed of as above. T.R RAMACHANDRAN NAIR, JUDGE ma W.P ( C) No.31895 of 2009 4 W.P ( C) No.31895 of 2009 5