IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 14TH JANUARY 2009 / 24TH POUSHA 1930 WP(C).No. 1506 of 2009(D) PETITIONERS: 1. MANJULA DEVI, HIGH SCHOOL ASSISTANT, MUSLIM GIRLS HIGHER SECONDARY SCHOOL, KANIYAPURAM, THIRUVANANTHAPURAM. 2. SHEENA NAZ, HIGH SCHOOL ASSISTANT, MUSLIM GIRLS HIGHER SECONDARY SCHOOL, KANIYAPURAM, THIRUVANANTHAPURAM. 3. SHEEBA BEEVI S, HIGH SCHOOL ASSISTANT, MUSLIM GIRLS HIGHER SECONDARY SCHOOL, KANIYAPURAM, THIRUVANANTHAPURAM. 4. DEEPTHI S, HIGH SCHOOL ASSISTANT, MUSLIM GIRLS HIGHER SECONDARY SCHOOL, KANIYAPURAM, THIRUVANANTHAPURAM. 5. SINDHU M.K., HIGH SCHOOL ASSISTANT, MUSLIM GIRLS HIGHER SECONDARY SCHOOL KANIYAPURAM, THIRUVANANTHAPURAM. 6. DHANYA RANI G, UPPER PRIMARY SCHOOL ASSISTANT, MUSLIM BOYS HIGH SCHOOL KANIYAPURAM, THIRUVANANTHAPURAM. BY ADV. SRI.M.RAJAGOPALAN NAIR RESPONDENTS: 1. THE STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT EDUCATIONAL OFFICER, O/O. THE D.E.O, THIRUVANANTHAPURAM. 3. P. NIZAM, MANAGER, MUSLIM BOYS HIGH SCHOOL, KANIYAPURAM AND MUSLIM GIRLS HIGHER SECONDARY SCHOOL, KANIYAPURAM, KANIYAPURAM P.O., THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C) NO. 1506 OF 2009 D ------------------------------------------------------ Dated this the 14th January, 2009 JUDGMENT Petitioners 1 to 5 are High School Assistants working in Muslim Girls Higher Secondary School, Kaniyapuram. Petitioner No.6 is Upper Primary School Assistant working in Muslim Boys High School. The third respondent is the Manager of Muslim Girls Higher Secondary School as well as Muslim Boys High School. It is stated that the first petitioner was promoted as H.S.A. (Physical Science) as per Ext.P1 order dated 2.6.2008; the second petitioner was promoted as H.S.A. (Social Science) as per Ext.P2 order dated 1.7.2008; the third petitioner was promoted as H.S.A. (Social Science) as per Ext.P3 order dated 10.7.2008; the fourth petitioner was promoted as H.S.A. (Physical Science) as per Ext.P4 order dated 2.6.2008; the fifth petitioner was re-appointed as H.S.A. (Hindi) as per Ext.P5 order dated 2.6.2008 and the sixth petitioner was re-appointed as U.P.S.A. as per Ext.P6 order dated 2.6.2008. It is stated that the third respondent Manager forwarded the proposals for approval of appointments of the petitioners to the District Educational Officer. Since the District Educational Officer did not pass any order on the proposals for approval, the petitioners submitted Ext.P8 representation dated 1.1.2009 to the District Educational Officer. The grievance of the petitioners is that W.P.(C) NO. 1506 OF 2009 :: 2 :: the District Educational Officer has not considered the proposals for approval of their appointments within the time prescribed under Rule 8(2) of Chapter XIVA of the Kerala Education Rules. Rule 8(2) reads as follows: “(2) The Educational Officer on receipt of the appointment order and other records mentioned in sub-rule (1) may approve the appointment if it is in accordance with the provisions of the Act, the Rules and orders issued by the Government or the Director from time to time. After approval one copy shall be forwarded by the Educational Officer to the teacher through the Manager and another copy forwarded to the Manager to be filed in the school records. the approval may be given as expeditiously as possible at any rate not later than 30 days from the date of receipt of the appointment order and other documents mentioned in sub- rule (1).” 2. The reliefs prayed for in the Writ Petition are the following: “i) To declare that the promotions of the petitioners 1 to 4 by Exhibits P1 to P4 proceedings of the Manager and appointments of petitioners 5 and 6 by Exhibits P5 and P6 proceedings are liable to be approved; ii) To issue a writ of mandamus or other appropriate writ or direction, commanding the 2nd respondent to pass orders of approval of the petitioners promotions and postings considering Exhibit P8 application and hearing them also; and iii) Grant such other reliefs which this Hon'ble Court deems fit to grant considering the facts and circumstances of the case.” 3. Learned counsel for the petitioners submits that, for the time being, the petitioners would confine their relief to relief (ii). Learned W.P.(C) NO. 1506 OF 2009 :: 3 :: Government Pleader submits that the District Educational Officer will pass appropriate orders on Ext.P8 and would also consider the proposals for approval of appointments of the petitioners without delay. In the facts and circumstances of the case, the Writ Petition is disposed of as follows: a) The District Educational Officer, Thiruvananthapuram shall consider and dispose of the proposals for approval of promotions and appointments of the petitioners, as evidenced by Exts.P1 to P6, and also consider and dispose of Ext.P8 representation as expeditiously as possible and, at any rate, within a period of fifteen days from the date of receipt of a copy of the judgment. b) The petitioners shall produce certified copy of the judgment and a copy of the Writ Petition before the District Educational Officer, Thiruvananthapuram. (K.T.SANKARAN) Judge ahz/