IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 30TH MARCH 2009 / 9TH CHAITHRA 1931 WP(C).No. 8024 of 2009(W) -------------------------------------- PETITIONER(S): ----------------------- 1. SREEJA SREEDHAR, U.P.S.A., CHEMMANTHOOR HIGH SCHOOL, PUNALUR (PRESENTLY IN THE GOVT.HIGH SCHOOL, AILARA), KOLLAM DISTRICT. 2. RESHMI. R., U.P.S.A., CHEMMANTHOOR HIGH SCHOOL, PUNALUR. BY ADV. MR.M.V.THAMBAN MR.V.K. SATHYANATHAN RESPONDENT(S): ------------------------- 1. THE DISTRICT EDUCATIONAL OFFICER, PUNALUR. 2. THE DEPUTY DIRECTOR (EDUCATION), PUNALUR. 3. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 4. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVT., GOVT. SECRETARIAT, THIRUVANANTHAPURAM. R1 TO R4 BY SR.GOVERNMENT PLEADER MR.A.J. VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ P.N.Ravindran, J. ================== W.P.(C) No.8024 of 2009 ===================== Dated this the 30th day of March, 2009. JUDGMENT Heard Sri. M.V.Thamban, the learned counsel appearing for the petitioners and Sri. A.J. Varghese, the learned Government Pleader appearing for the respondents. 2. The first petitioner was initially appointed as Upper Primary School Assistant (UPSA for short) in Chemmanthoor High School, Punalur on 18.10.1996. That appointment was approved. She was promoted as H.S.A. against a leave vacancy of one Smt. Nazeera Beevi during the period from 15.7.2004 to 31.5.2005. That appointment was not approved by the District Educational Officer. The appeal filed by the Manager before the Deputy Director of Education and the revision petition filed before the Director of Public Instruction were rejected. The Manager has thereupon filed Ext.P1 revision petition before the Secretary to Government, General Education Department seeking approval of the first petitioner's appointment as H.S.A. during the period from 15.7.2004 to 31.5.2005. That revision petition is still pending. The second petitioner initially was appointed as UPSA in a leave vacancy during the period from 11.8.2000 to 28.11.2000. That appointment was approved. She was reappointed in the vacancy that arose when the first petitioner was promoted as H.S.A. during the period from 15.7.2004 to 31.5.2005. WP(C) 8024/09 -: 2 :- That appointment was not approved. She was thereafter regularly appointed as UPSA in a vacancy that arose on 1.6.2005. That appointment has been approved and the second petitioner is continuing in service. Challenging the orders passed by the subordinate educational officers declining to approve her appointment as UPSA during the period from 15.7.2004 to 31.5.2005, the second petitioner filed Ext.P5 revision petition before the Secretary to Government, General Education Department. In this Writ Petition, the petitioners pray for approval of their appointment as H.S.A. (Malayalam) and UPSA respectively during the period from 15.7.2004 to 31.5.2005. In the alternative they seek a direction to the State Government to consider Exts.P1 and P5 revision petitions and pass orders thereon within a time limit to be fixed by this Court. 3. The pleadings disclose that the subordinate educational officers have declined to approve the appointments of the petitioners as H.S.A. (Malayalam) and UPSA respectively during the period from 15.7.2004 to 31.5.2005. The Manager has filed Ext.P1 revision petition and the second petitioner has filed Ext.P5 revision petition before the Government. Since the petitioners have already moved the Government seeking approval of their appointments, I am of the opinion that they should pursue the remedy available to them before the Government. In these circumstances, I dispose of this Writ Petition with a direction to the Secretary to Government, General Education Department WP(C) 8024/09 -: 3 :- to consider Exts.P1and Ext.P5 revision petitions after notice to and affording the petitioners and the Manager a reasonable opportunity of being heard. Final orders in the matter shall be passed within three months from the date on which the petitioners produce a certified copy of this judgment before the Secretary to Government, General Education Department. P.N.Ravindran, Judge. ess