IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 20TH AUGUST 2010 / 29TH SRAVANA 1932 WP(C).No. 26510 of 2010(K) PETITIONERS: 1. ANITHA P.J., LIBRARIAN GRADE III, ST.IGNASIOUS HIGHER SECONDARY SCHOOL,KANJIRAMATTOM, RESIDING AT PUTHUPALLIL HOUSE, KANJIRAMATTOM. 2. NATHASHA V.G., LIBRARIAN GRADE III, K.P.M.H.S.S., POOTHOTTA, RESIDING AT BHARATH BHAVANAM, VETTUTHARAYIL, UDAYANAPURAM, VAIKOM. 3. T.R.REENA, LIBRARIAN GRADE III, H.M.Y.S.H.S.S., KOTTUVALLIKKADU,RESIDING AT THANDASSERY HOUSE, THOPPUMPADY, KOCHI - 5. BY ADV. SRI.T.P.SAJAN SRI.M.MOHAMED NAVAZ SRI.L.ALOYSIUS THOMAS RESPONDENTS: 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM PIN - 695 001. 2. THE DIRECTOR, HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDING, THIRUVANANTHAPURAM, PIN - 695 001. 3. REGIONAL DEPUTY DIRECTOR, HIGHER SECONDARY EDUCATION, OFFICE OF THE HIGHER SECONDARY EDUCATION, EDAPPALLY, ERNAKULAM, PIN - 682 024. 4. MANAGER, ST.IGNASIOUS HIGHER SECONDARY EDUCATION, KANJIRAMATTAM, PIN - 682 315. 5. MANAGER, K.P.M.H.S.S., POOTHOTTA, PIN - 682 315. 6. MANAGER, H.M.Y.S.H.S.S., KOTTUVALLIKKADU, PIN - 683 516. BY G.P.SRI.DILIP MOHAN FOR R1TO R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T.RAVIKUMAR, J. ---------------------------- W.P.(C)No.26510 of 2010 ---------------------------- Dated 20th August, 2010 JUDGMENT The petitioners were appointed as Librarian Grade III in the schools belonging to respondents 4 to 6. Now, Ext.P10 has been issued to the fourth respondent while considering the question of approving the appointment of the petitioners. In fact, as per Ext.P10 the third respondent has requested the fourth respondent to submit the order sanctioning the post creation of Librarian Grade III in his school. It has been specifically stated in the writ petition itself that orders like Ext.P10 have been issued to respondents 5 and 6 as well. On receipt of Ext.P10 and similar letters from the third respondent, respondents 4 to 6 have submitted Exts.P11 to P13. In essence, the contention raised therein is that in the light of the decision of this Court in Ext.P14 judgment dated 16.7.2009 in W.A.No.2065 of 2008 and taking into account the fact that the Special Leave Petition preferred against Ext.P14 has subsequently been dismissed by the Hon'ble Apex Court, the third respondent cannot refuse to consider the question of approval of appointment of the petitioners on the ground that the post in question has not been sanctioned by the Government. Going by the aforesaid decision, the decision as to whether it is to be sanctioned or not, is a WP(C).No.26510/2010 2 matter falling within the realm of power of the second respondent. Therefore, the third respondent is bound to forward the proposal for approval of appointment of the petitioners along with Exts.P11 to P13 to the second respondent for consideration. This shall be done within a period of two weeks from the date of receipt of a copy of this judgment. On receipt of the proposal for approval of appointment of the petitioners and Exts.P11 to P13, the second respondent shall pass appropriate orders taking into account Ext.P14 judgment expeditiously, at any rate, within a period of six weeks thereafter. C.T.RAVIKUMAR Judge TKS