IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 2ND JUNE 2011 / 12TH JYAISHTA 1933 WP(C).No. 14895 of 2011(J) -------------------------- PETITIONER(S): --------------- SHEREENA BEEGUM LPSA, VATHIKKULAM LPS, MAVELIKKARA, RESIDING AT DARUL HAFIZ, PEROORKARAZHMA P.O., CHARUMOOD FROM THADATHIL VADAKKATHIL, KOMALLOOR P.O., CHUNAKKARA. BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT IN THE DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM – 1. 2. DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM-1 3. DEPUTY DIRECTOR OF EDUCATION, ALAPPUZHA-1 4. ASSISTANT EDUCATIONAL OFFICER, MAVELIKKARA-7 5. MANAGER, VATHIKULAM L.P.S., MAVELIKKARA, ALAPPUZHA-7 6. HEADMISTRESS, VATHIKKULAM L.P.S., MAVELIKKARA, ALAPPUZHA-7. GOVERNMENT PLEADER SHRI T.T.MUHAMOOD (SR.) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 14895 of 2011-J - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of June, 2011. JUDGMENT The petitioner is aggrieved by the direction to withhold the salary in the light of the audit objection with regard to the approval granted to her appointment. 2. The petitioner is working as LPSA in Vathikulam L.P. School, an aided school within Mavelikkara Educational District. she was appointed on 2.6.2008 against the promotion vacancy of Smt. Sherly Thomas, who was promoted and appointed as Headmistress, as per Ext.P1 order, with effect from 1.4.2008. It is pointed out that the appointment has been made against a sanctioned post as determined in the staff fixation order for the year 2008-2009. After the approval was granted, she was drawing salary. Ext.P3 is a communication by which it is informed that the audit has raised objection with regard to the appointment of the petitioner. The petitioner submitted an objection as per Ext.P4. It is pointed out that the school was not an uneconomic one at the time when the petitioner was appointed. 3. Already, the petitioner has moved the Government as per Ext.P4 seeking intervention in the matter. Therefore, there will be a direction to wpc 14895/2011 2 the Government to take a decision on the representation produced as Ext.P4, within a period of five months from the date of receipt of a copy of this judgment, after hearing the petitioner and the Manager. The salary will be continued to be disbursed subject to the orders to be passed by the Government. The writ petition is disposed of as above. No costs. The petitioner will produce a copy of this judgment before the first respondent for compliance. (T.R. Ramachandran Nair, Judge.) kav/