IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 27TH SEPTEMBER 2011 / 5TH ASWINA 1933 WP(C).No. 10719 of 2006(A) -------------------------- PETITIONER(S): --------------- VEENAKRISHNAN, U.P.S.A. CAPT. N.P.P.M.V.H.S.S., KATTACHIRA, PALLICKAL, (RESIDING AT AIKARETHU HOUSE, KATTACHIRA, PALLICKAL P.O., ALAPPUZHA DISTRICT. BY ADV. SRI.R.SANTHOSH BABU RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. ADDITIONAL DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 4. DY. DIRECTOR OF EDUCATION, ALAPPUZHA. 5. DISTRICT EDUCATIONAL OFFICER, MAVELIKKARA. 6. MANAGER, N.P.P.M.V.H.S. KATTACHIRA, PALLICKAL. ADV. SRI.P.JAYAKUMAR FOR R6 GOVT. PLEADER SHRI.ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 10719 of 2006 ================== Dated this the 27th day of September, 2011 J U D G M E N T The petitioner was appointed as an Upper Primary School Assistant in the 6th respondent's school by Ext.P1 order with effect from 2.6.2004. The same was refused to be approved on the ground that, in accordance with clause (iii) of Ext.P2 order, a protected teacher ought to have been appointed to that vacancy. In respect thereof, pursuant to Ext.P3 judgment, the petitioner filed a representation before the 3rd respondent, who rejected the claim of the petitioner in that regard. Later, the appointment of the petitioner as UPSA was approved with effect from 5.6.2006. The present writ petition is filed by the petitioner for approval of the petitioner's appointment for the period from 2.6.2004 to 5.6.2006. To sustain the claim of the petitioner, the petitioner also challenges clause (iii) of Ext.P2 order, based on which, the petitioner's appointment was refused to be approved. After arguing for some time, the learned counsel for the petitioner confines relief for a direction to the 1st respondent to consider and pass orders on Ext.P5 expeditiously. Having heard the learned Government Pleader also, I dispose of this writ petition with a direction to the 1st respondent to consider and pass orders on Ext.P5, as expeditiously as possible, at any rate, within w.p.c.10719/06 2 three months from the date of receipt of a certified copy of this judgment. The petitioner shall forward a copy of the writ petition along with a certified copy of this judgment to the 1st respondent for compliance. If Ext.P5 representation of the petitioner is not traceable in the files of the 1st respondent, the 1st respondent shall consider the representation on the basis of the copy of Ext.P5 available in the paper book of the writ petition. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge w.p.c.10719/06 3 W.P.(C).No.10719/2006 APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE ORDER DTD.2.6.2004 OF R5. P2. COPY OF THE GOVT. ORDER DTD.28.6.2002. P3. COPY OF THE JUDGMENT IN W.P.(C).No. 9504/2005 OF THIS COURT. P4. COPY OF THE ORDER OF R3 DTD.22.2.2006. P5. COPY OF THE PETITION DTD.2.2.2005 BEFORE R1. P6. COPY OF THE APPOINTMENT ORDER DTD.2.7.2004. sdk+ ///True copy/// P.A. to Judge w.p.c.10719/06 4