IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 22ND AUGUST 2008 / 31ST SRAVANA 1930 WP(C).No. 25277 of 2008(H) PETITIONER: ------------ AMBILI SREEDHAR, W/O ANIL SADANANDAN, PADINJATTINKARA, MEZHUVELI P.O., PATHANAMTHITTA DISTRICT (HIGH SCHOOL ASSISTANT (MALAYALAM) PHSS, MEZHUVELI, BY ADV. SRI.S.SUBHASH CHAND RESPONDENTS: ------------- 1. DIRECTOR OF PUBLIC INSTRUCTION, OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPRUAM. 2. DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICE, THIRUVALLA. 3. CORPORATE MANAGER, SN TRUST SCHOOLS, P.B. NO. 63, KOLLAM 691 001. GOVERNMENT PLEADER SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------------------- W.P.(C) NO. 25277 OF 2008 H -------------------------------------------- Dated this the 22nd August, 2008 JUDGMENT In the manner in which I propose to dispose of the Writ Petition, it is not necessary to issue notice to the third respondent. Government Pleader takes notice for respondents 1 and 2. 2. The petitioner is working as High School Assistant (Malayalam) in Padmanabhodayam Higher Secondary School, Mezhuveli. Respondent No.3 is the Manager of the School. The petitioner was appointed in a maternity leave vacancy on 2.8.2002. Later, when two additional division vacancies arose in the High School Section, the Manager appointed the petitioner as High School Assistant (Malayalam) with effect from 24.6.2003. It is stated that the question of approval of these appointments is pending in Revision before the Government. 3. It is stated in the Writ Petition that a regular retirement vacancy of HSA (Malayalam) arose in the School with effect from 1.2.2004. The petitioner was working without salary from 2.8.2002 onwards. It is submitted that she made a request to the Manager to appoint her in the retirement vacancy. The petitioner was accordingly transferred and W.P.(C) NO. 25277 OF 2008 :: 2 :: posted as HSA(Malayalam) in the said retirement vacancy with effect from 8.7.2004 onwards, as per Ext.P1 order of appointment. The Educational Officer has not so far passed any order on the proposal for approval of appointment of the petitioner as per Ext.P1 order. The petitioner submitted Ext.P2 representation to respondents 2 and 3, requesting to approve her appointment as per Ext.P1, subject to the approval of the appointments for the earlier spells. Respondent No.2 (District Educational Officer) disposed of Ext.P2 representation as per Ext.P3 order dated 28.7.2008. The representation submitted by the petitioner was rejected by the District Educational Officer. The Manager submitted Ext.P4 Revision before the Director of Public Instruction challenging Ext.P3 order. The petitioner filed Ext.P5 Revision before the Director of Public instruction. Exts.P4 and P5 Revisions are pending disposal. 4. The only relief sought for by the petitioner is for a direction to dispose of Exts.P4 and P5 Revisions at the earliest. It is submitted that the petitioner is working as Teacher since 2002 and she has not received any amount as salary during this period. 5. Considering the facts and circumstances of the case, the first respondent is directed to consider and pass final orders on Exts.P4 and P5 Revisions, after affording an opportunity of being heard to the W.P.(C) NO. 25277 OF 2008 :: 3 :: petitioner and the Manager, as expeditiously as possible and, at any rate, within a period of two months. In view of the submission made by the counsel for the petitioner to issue a direction to dispose of Exts.P4 and P5 Revisions, the prayer to quash Ext.P3 is not pressed. The Writ Petition is disposed as above without prejudice to the rights of the petitioner to challenge Ext.P3 as well at the appropriate stage. Petitioner shall produce certified copy of the judgment and a copy of the Writ Petition before the Director of Public Instruction. The petitioner shall send a copy of the judgment to the third respondent by registered post and shall produce proof of the same before the first respondent. (K.T.SANKARAN) Judge ahz/