IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 27TH JUNE 2011 / 6TH ASHADHA 1933 WP(C).No. 12007 of 2011(A) -------------------------------- PETITIONERS: ---------------- 1. MERILIN ANTONY ARICKATT,W/O.JIJO RAJ, MENACHERY HOUSE,MOORKAD.P.O,THRISSUR DISTRICT, NOW WORKING AS HSA(MALAYALAM),BVM HIGH SCHOOL, KALPARAMPU,THRISSUR. 2. SMITHA THOMAS.V,KONKOTH HOUSE, THUMBUR.P.O,THRISSUR,NOW WORKING AS HSA(MALAYALAM) BVM HIGH SCHOOL,KALPARAMPU,THRISSUR. BY ADVS. SRI.V.M.KURIAN SRI.MATHEW B. KURIAN SRI.K.T.THOMAS RESPONDENTS: ------------------ 1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT,GENERAL EDUCATION DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM-1. 2. THE DEPUTY DIRECTOR OF EDUCATION, THRISSUR,PIN-680 001. 3. THE DISTRICT EDUCATIONAL OFFICER, IRINJALAKUDA-680121. 4. THE CORPORATE MANAGER,CORPORATE EEUCATIONAL AGENCY,DIOCESE OF IRINJALAKUDA, PASTORAL CENTER,IRINJALAKUDA-680121. BY ADVS. SRI.S.MUHAMMED HANEEFF FOR R4 SRI.R.KRISHNAKUMAR (CHERTHALA) FOR R4 SMT. NISHA BOSE, GOVERNMENT PLEADER FOR R1 TO R3. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.12007/2011 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF ORDER DTD. 19.5.09 ISSUED BY R2. EXT. P2 : COPY OF ORDER DTD. 26.4.09 ISSUED BY R2. EXT. P3 : COPY OF ORDER DTD. 23.9.09 PASSED BY R3. EXT. P4 : COPY OF LETTER DTD. 6.8.09 SUBMITTED BY MANAGER TO R3. EXT. P5 : COPY OF ORDER DTD. 28.2.11 PASSED BY R1. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.12007 OF 2011 --------------------------------------- Dated this the 27th day of June, 2011. J U D G M E N T Both the petitioners are working as HSA (Malayalam) in the school managed by the 4th respondent. They are aggrieved by the non approval of their appointment as HSA (Malayalam) in spite of the orders passed by the 3rd respondent. On 01.06.2007, the Manager had made six fresh appointments of HSA (Malayalam), the details of which have been stated in paragraph 3 of the writ petition. Going by the same, the petitioners are serial numbers 2 and 3. Sl.No.1 is Smt.Deepa M.V. and her date of appointment is also 01.06.2007, and Sl.Nos.1 to 3 were appointed in retirement vacancies. 2. By Ext.P1, the Deputy Director of Education directed the District Educational Officer to pass orders regarding the grant of approval. Ext.P1 order has been passed in the appeal filed by the Manager. It is pointed out by the learned counsel for the petitioner that there was a revision petition pending before the W.P.(C) No.12007/2011 2 Government at the instance of Sl.No.1 Smt.Deepa M.V and the same has been finally disposed of by Ext.P5 order passed by the Government dated 28.02.2011. Therein, a direction has been given to the District Educational Officer to approve the appointment of Smt.Deepa M.V. with effect from 01.06.2007 if she is otherwise eligible as per KER. It is therefore submitted that the objection that since the approval of appointment of senior claimant has not been granted, the petitioners also cannot be granted approval, cannot be sustained now. 3. Learned counsel for the Manager submitted that Ext.P5 order to the extent to which a direction has been given to recover the amount paid as salary to Smt.Bency Paul from the Manager is under challenge in a separate writ petition namely, W.P.(C) No.14167/2011. 4. As far as the challenge made by the Manager is concerned, it is confined to the portion of the order directing recovery of salary paid. Hence, pendency of the above writ petition need not stand in the way of the District Educational Officer passing orders with regard to the approval of appointment W.P.(C) No.12007/2011 3 of the petitioners along with that of Smt.Deepa M.V. Therefore, there will be a direction to the 3rd respondent to finalise the action with regard to the approval of appointment of the petitioners along with that of Smt.Deepa M.V. as directed by the Government in Ext.P5 and appropriate orders will be passed within a period of six weeks from the date of receipt of a copy of this judgment. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp