IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 10TH DECEMBER 2010 / 19TH AGRAHAYANA 1932 WP(C).No. 18676 of 2010(H) -------------------------- PETITIONER(S): PETITIONER. -------------------------- P.K.SHEENA, UPSA, KELALUR U.P.SCHOOL, P.O.MAMBARAM, KANNUR DISTRICT. BY ADV. SRI.ANIL SIVARAMAN SMT.APARNA RAJAN RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETRIAT, THIRUVANANTHAPURAM. 2. THE MANAGER, KELALUR UP SCHOOL, P.O.MAMBARAM, KANNUR DISTRICT. 3. THE DISTRICT EDUCATIONAL OFFICER, THALASSERY, KANNUR DISTRICT. 4. ASSISTANT EDUCATIONAL OFFICER, THALASSERY NORTH, KANNUR DISTRICT. ADV. SRI.C.K.SREEJITH FOR R2 GOVERNMENT PLEADER SRI.T.T.MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 18676/2010 APPENDIX PETITIONER'S EXHIBITS : EXT.P1: COPY OF THE PROCEEDINGS DATED 1.4.2007. EXT.P2: COPY OF THE ORDER DATED 5.6.2007. EXT.P3: COPY OF THE ORDER DATED 30.5.2008. EXT.P4: COPY OF THE REVISION PETITION SUBMITTED BEFORE THE GOVERNMENT DATED 7.7.2008. EXT.P5: COPY OF THE COMMUNICATION DATED 27.8.2009. EXT.P6:COPY OF THE ORDER DATED 3.11.2010. /TRUE COPY/ P.A. TO JUDGE K.T.SANKARAN, J. ---------------------------------------- W.P.(C).No.18676 of 2010 ----------------------------------------- Dated this the 10th day of December, 2010 JUDGMENT The Writ Petition was filed praying for the issue of a writ of mandamus commanding the first respondent to take up the petitioner's appeal and pass final orders thereon and also for a declaration that the petitioner is entitled to be appointed on regular basis with effect from 1.4.2007 in the post of UPSA at Kelalur U.P.School. At the time when the Writ Petition was filed, Exhibit P4 appeal dated 7.7.2008 was pending before the first respondent. Subsequent to the filing of the Writ Petition, the Government passed Exhibit P6 order dated 3.11.2010 holding that the appointment of the petitioner can be approved subject to certain conditions. 2. The learned counsel for the petitioner submitted that in view of the subsequent development, namely, Exhibit P6 order issued by the first respondent, it is only proper to issue a direction to the fourth respondent to consider the question of approval of appointment of the WPC No.18676/2010 2 petitioner as UPSA. 3. Heard the learned counsel for the petitioner and the learned Government Pleader. In view of the Government Order dated 50298/P3/2008/G.Edn. dated 3.11.2010 (Exhibit P6) passed by the Government, the Writ Petition is disposed of directing the Assistant Educational Officer to consider the question of approval in accordance with Exhibit P6 Government Order and to pass appropriate orders within six weeks from the date of receipt of a copy of the judgment, after affording an opportunity of being heard to the petitioner and the Manager. The petitioner shall produce a copy of the Writ Petition, copy of I.A.No.13028 of 2010 and certified copy of the judgment before the fourth respondent. K.T.SANKARAN JUDGE csl WPC No.18676/2010 3