IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 24TH JULY 2009 / 2ND SRAVANA 1931 WP(C).No. 20775 of 2009(N) -------------------------- PETITIONER(S): --------------- INDU K.P, WORKING AS LOWER GRADE HINDI TEACHER, RAGHAVA PANICKER MEMORIAL HIGH SCHOOL (RPMHS), KUMBALAM, ERNAKULAM DIST. BY ADV. SRI.J.JULIAN XAVIER SRI.ROY JOSEPH SRI.JOSE. V.V. RESPONDENT(S): --------------- 1. STATE OF KERALA, REP.BY ITS SECRETARY, GENERAL EDUATION(B) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DEPUTY DIRECTOR OF EDUCATION, ERNAKULAM. 3. DISTRICT EDUCATIONAL OFFICER, ERNAKULAM,. 4. THE MANAGER, RAGHAVA PANICKER MEMORIAL HIGH SCHOOL(RPMHS), KUMBALAM, ERNAKULAM DIST. SENIOR GOVERNMENT PLEADER, SHRI A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.20775/2009-N ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 24th day of July, 2009 J U D G M E N T The petitioner herein is working as Lower Grade Hindi Teacher in the school managed by the fourth respondent. The petitioner was appointed as such on 05/10/1998 by the fourth respondent in a leave vacancy for the period from 05/10/1998 to 08/12/1998, which was approved by the third respondent. Again the petitioner was appointed in a different spell from 16/11/2002 to 14/01/2003 and the above appointment was also approved by the third respondent. The petitioner was thereafter, appointed as L.G.Hindi Teacher with effect from 02/06/2008 against the retirement vacancy of Smt.T.R.Sulochana, L.G.Hindi Teacher who retired from service on 31/03/2008. 2. In the year 2008-09, two H.S.A (Hindi) posts were sanctioned in the school. The first respondent has passed G.O.(P) No.167/08/G.Edn extending the benefit of 1:40 ratio in the academic year 2008-09. It is pointed out that the appointment of the petitioner is in tune with the above principles and without properly adverting to the same, the third respondent rejected the appointment as per Ext.P3. Presently, the petitioner filed W.P.(C). No.20775/2009 -:2:- Ext.P4 appeal before the second respondent. Since the matter is pending in appeal, the second respondent is directed to consider and pass orders on Ext.P4 after hearing the petitioner and the Manager within a period of two months from the date of receipt of a copy of the judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms