IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 11TH DECEMBER 2008 / 20TH AGRAHAYANA 1930 WP(C).No. 30618 of 2008(T) -------------------------- PETITIONER(S): ------------------ SHINY ANTONY.A, AGED 33, W/O.STANLY AUGUSTIN, KALLOOKKARAN HOUSE, KOODAPUZHA, CHALAKUDY, NOW WORKING AS HSST JUNIOR (SANSKRIT) AT ST.ANTONY'S HSS, MALA. BY ADV. SRI.PAULSON THOMAS RESPONDENT(S): -------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL EDUCATION DEPT.SECRETARAIT, THIRUVANANTHAPURAM. 2. DIRECTOR OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDING, TRIVANDRUM. 3. REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION, EDAPPALLY, ERNAKULAM. 4. CORPORATE MANAGER, CORPORATE EDUCATIONAL AGENCY, DIOCESE OF IRINJALAKUDA, IRINJALAKKUDA. ADV. SRI.S.MUHAMMED HANEEFF FOR R4 GOVT.PLEADER SRI.SHYSON P.MANGUZHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.30618/08 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER. EXT.P1(a): TRUE COPY OF THE JOINING REPORT OF THE PETITIONER. EXT.P2: TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER AS JUNIOR SANSKRIT (PT) W.E.F. 15.9.2003. EXT.P3: TRUE COPY OF THE STAFF FIXATION ORDER DT 17.8.07 PERTAINING TO 2003-04, 2004-05, 2005-06 AND 2006-07 OF ST.ANTONY'S HSS MALA. EXT.P3(a): TRUE COPY OF THE STAFF FIXATION ORDER PERTAINING TO THE ACADEMIC YEAR 2007-08. EXT.P4: TRUE COPY OF THE REPRESENTATION FILED BEFORE THE DIRECTOR DT 27.9.07 BY THE MANAGER. EXT.P4(a): TRUE COPY OF THE PROCEEDING DT 23.10.2007 BY THE 3RD RESPONDENT. EXT.P4(b): TRUE COPY OF THE PROCEEDINGS OF THE DIRECTOR DT 26.5.2008. EXT.P5: TRUE COPY OF THE REPRESENTATION DT 1.10.2008 FILED BEFORE THE GOVT. BY THE PETITIONER. EXT.P6: TRUE COPY OF GO(MS) NO.162/98/GEN.EDN. DT 13.5.1998. EXT.P6(a): TRUE COPY OF GO(MS) NO.132/99/GEN.EDN DT 11.6.1999. EXT.P6(b): TRUE COPY OF GO(MS) NO.214/2000\/GEN.EDN DT 28.6.2000. EXT.P7: TRUE COPY OF THE GO(MS) NO.18/91/GEN.EDN DT 1.2.1991. EXT.P8: TRUE COPY OF THE GO(MS)153/2000/GEN.EDN. DT 19.5.2000. EXT.P9: TRUE COPY OF THE PROCEEDINGS DT 11.6.2008 OF THE 2ND RESPONDENT. EXT.P9(a): TRUE COPY OF THE RELEVANTPART OF GO (MS) NO.28/2007/G.EDN DT 7.2.2007. EXT.P10: TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT DT 10.12.2002. WPC NO.30618/2008 -2- EXT.P10(a): TRUE COPY OF THE CERTIFICATE DT 29.9.2008 ISSUED BY THE PRINCIPAL OF THE SCHOOL CERTIFYING THAT PETITIONER WAS DRAWING LOWER SCALE TILL AUGUST 2008. EXT.P10(b): TRUE COPY OF THE LETTER NO.B3/10206/08 DT 22.9.2008 OF THE 3RD RESPONDENT. EXT.P11: TRUE COPY OF THE INTERIM ORDER GRANTED IN WPC NO.28906/2006. //TRUE COPY// P.A. TO JUDGE ANTONY DOMINIC, J. ============== W.P.(C) NO. 30618 OF 2008 (T) ==================== Dated this the 11th day of December, 2008 J U D G M E N T Petitioner was working as Junior Sanskrit teacher and her appointment was approved by Ext.P2 w.e.f. 15/9/03. While so, w.e.f. 15/7/04, by Ext.P1, petitioner was appointed as HSST(Junior), Sanskrit, in the school under the same Corporate Agency, the 4th respondent herein. It would appear that the post was not sanctioned as per the staff fixation order, as a result of which approval also has not been obtained. Seeking sanction of the post, Manager submitted Ext.P4 to the 1st respondent, which was submitted through the 3rd respondent. The 3rd respondent in turn forwarded Ext.P4 to the 2nd respondent. 2nd respondent instead of forwarding Ext.P4 to the 1st respondent, rejected Ext.P4 as per Ext.P4(b). Petitioner contends that it was impermissible for the 2nd respondent to have considered Ext.P4 and rejected the same as he was expected only to forward Ext.P4 to the 1st respondent. Though she challenges Ext.P4(b) on that ground, it is seen that the petitioner herself has moved the 1st respondent by filing Ext.P5, where request made by the Manager in Ext.P4 is once again reiterated. 2. Therefore, irrespective of whether Ext.P4 has been rejected by WPC 30618/08 :2 : the Director as per Ext.P4(b), still having regard to the fact that Ext.P5 is pending before the 1st respondent, I direct the 1st respondent to consider Ext.P5, with notice to the petitioner and the 4th respondent. This shall be done, as expeditiously as possible, at any rate within 3 months of production of a copy of this judgment along with a copy of this writ petition. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp