IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 15TH DECEMBER 2009 / 24TH AGRAHAYANA 1931 WP(C).No. 21839 of 2009(Y) -------------------------------------- PETITIONER: ------------------- BIJI MATHEWS, W/O.M.C.CHACKO, AREEKATHAZHATHU HOUSE, VAZHOOR EAST P.O., KOTTAYAM (UPSA, BETHANY ASRAM HIGH SCHOOL, CHERUKULANJI). BY ADVS. MR.S.SUBHASH CHAND, SMT.M.P.MARY, SMT.AKHILA RANI. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF PUBLIC INSTRUCTION, OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. DEPUTY DIRECTOR (EDUCATION), OFFICE OF THE DEPUTY DIRECTOR (EDUCATION), PATHANAMTHITTA AT THIRUVALLA. 4. DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, PATHANAMTHITTA. R1 TO R4 BY GOVT. PLEADER MR. DILIP MOHAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/12/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.21839/2009-Y: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE APPOINTMENT ORDER OF THE PETITINER DTD. 05/06/2006. EXT.P.1.A: COPY OF THE APPOINTMENT ORDER OF THE AFORESAID SMT. JIJIMOL THOMAS AS L.P.S.A FROM 05/06/2006 TO 07/01/2009. EXT.P.2: COPY OF THE ORDER DTD. 10/04/2007 PASSED BY R.4. IN THE CASE OF THE PETITIONER. EXT.P.2.A: COPY OF THE ORDER DTD. 05/12/2007 PASSED BY R.4. IN THE CASE OF SMT. JIJIMOL THOMAS. EXT.P.3: COPY OF THE GOVERNMENT ORDER BEARING G.O.(RT).NO.4657/2006/GE DTD. 27/10/2006. EXT.P.4: COPY OF THE ORDER DTD. 26/09/2007 PASSED BY R.3. IN THE CASE OF THE PETITIONER. EXT.P.5; COPY OF THE ORDER DTD. 26/06/2008 PASSED BY R.2. EXT.P.6: COPY OF THE ORDER DTD. 24/04/2008 PASSED BY R.1. EXT.P.7: COPY OF THE ORDER DTD. 05/02/2008 PASSED BY R.2. EXT.P.7.A: COPY OF THE ORDER OF APPROVAL DTD. 22/10/2008 PASSED BY R.4. EXT.P.8: COPY OF THE ORDER DTD. 06/03/2009 PASSED BY THIS HONOURABLE COURT IN W.P.(C). NO.7350/2009. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.21839/2009-Y ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 15th day of December, 2009 J U D G M E N T The petitioner is working as an Upper Primary School Assistant in an aided school, Bethany Asram High School, Cherukulanji. The petitioner was appointed as U.P.S.A with effect from 05/06/2006 to 04/10/2009 as per Ext.P1 appointment order in the leave vacancy of Smt.Maria Viani Joseph. The approval of the said appointment was rejected on the ground that the appointment of a senior 51A claimant, namely, Biji Mathew, stood rejected. It is the case of the petitioner that the leave without allowance of Smt.Maria Viani Joseph was sanctioned for the period from 05/06/2006 to 04/10/2009 by the Government going by Ext.P3. 2. The appeal filed by the Manager was rejected by Ext.P4 and the revision petition filed was also rejected by Exts.P5 and P6. Going by Ext.P7, in a revision petition filed by the Manager, the Director of Public Instruction directed approval of appointment of Smt.Biji Mathew, the Rule 51A claimant as L.P.S.A in a retirement vacancy of Fr.Varghese with effect from 05/06/2006 and Ext.P7(a) is the consequential order with regard to the approval of the said appointment. W.P.(C). No.21839/2009 -:2:- 3. Ext.P8 is an interim order passed by this Court in the writ petition filed by a similarly placed teacher, Smt.Jijimol Thomas, wherein this Court directed the District Educational Officer to reconsider the grant of approval. 4. The main prayer in the writ petition is for a direction to the fourth respondent to approve the appointment of the petitioner as per Ext.P1 order in the light of Exts.P7 and P7(a) orders. 5. Pursuant to the interim order passed by this Court on 28/10/2009, it is informed by the learned Government Pleader that the salary from 05/06/2006 to 04/10/2009 is disbursed to the petitioner. Obviously, the said appointment has been approved. 6. Now, what remains is the approval of appointment for the period from 04/10/2009 to 05/10/2012 in the leave vacancy which is continuing even now, to which the petitioner is appointed. There will be a direction to the fourth respondent to consider the same within a period of two months from the date of receipt of a copy of this Judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms