IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 24TH AUGUST 2009 / 2ND BHADRA 1931 WP(C).No. 24204 of 2009() ------------------------- PETITIONER(S): --------------- K.BEENA, AGED 37 YEARS, W/O.DEVARAJ HIGH SCHOOL ASSISTANT SOCIAL SCIENCE N.S.HIGHER SECONDARY SCHOOL, P.O.NEDUMUDY ALAPPUZHA DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): --------------- 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION JAGATHY, TRIVANDRUM-14 3. THE DEPUTY DIRECTOR OF EDUCATION CIVIL STATION, ALAPPUZHA DISTRICT. 4. THE DISTRICT EDUCATIONAL OFFICER KUTTANAD, ALAPPUZHA DISTRICT. 5. THE MANAGER N.S.HIGH SCHOOL P.O.,NEDUMUDY ALAPPUZHA DISTRICT. GOVERNMENT PLEADER, SHRI A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.24204/2009-U ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 24th day of August, 2009 J U D G M E N T The petitioner is working as H.S.A (Social Science), in N.S.Higher Secondary School, Alappuzha District. He was appointed as such from 02/06/2008 onwards. Approval of the same was declined by the District Educational Officer as per Ext.P1 stating that the vacancy should be filled up by protected Teachers. An appeal was filed against Ext.P1. Ext.P2 is the order passed by the Deputy Director of Education rejecting the appeal. The appeal filed before the Director of Public Instruction was also rejected as per Ext.P3. Ext.P25 is the Revision Petition pending before the Government against the order passed by the Director of Public Instruction. 2. It is mainly contended that at the time of appointment of the petitioner, a protected H.S.A (Malayalam) was working in the School. He was reposted in the parent school on 04/10/2008. After re-posting, the Manager vide letters dated 18/11/2008 and 28/04/2009 requested the Deputy Director of Education to furnish a list of protected High School Assistants (Malayalam) or protected High School Assistants (Physical W.P.(C). No.24204/2009 -:2:- Science), but no list has been forwarded so far. According to the petitioner, the issue is covered by the judgment in W.P.(C).Nos.2563/2008 and 8039/2008. 3. The first respondent will therefore, take a decision on Ext.P25 after hearing the petitioner and the Manager within a period of three months from the date of receipt of a copy of the judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms