IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 28TH OCTOBER 2008 / 6TH KARTHIKA 1930 WP(C).No. 22632 of 2006(T) -------------------------- PETITIONER(S): ----------------- JAYAPRAMOD P., H.S.A. (MATHS), IRINGANNUR HIGHER SECONDARY SCHOOL, P.O. IRINGANNUR, VADAKARA, KOZHIKODE. BY ADV. SRI.R.K.MURALEEDHARAN RESPONDENT(S): ------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, GENERAL EDUCATION DEPARTMENT THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE. 4. THE DISTRICT EDUCATIONAL OFFICER, VADAKARA. GOVERNMENT PLEADER SMT.T.B.REMANI FOR R.1 TO 4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.22632/06 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE APPOINTMENT ORDER AND ORDER OF APPROVAL DATED 16.8.2000. EXT.P2: TRUE COPY OF THE APPEAL DATED 20.12.2004. EXT.P3: TRUE COPY OF THE STAFF FIXATION ORDER DT 31.3.2003. EXT.P4: TRUE COPY OF THE ORDER IN G.O(P)11/2002/EDN. DT 7.1.2002. EXT.P5: TRUE COPY OF THE CIRCULAR DT 26.2.2003. EXT.P6: TRUE COPY OF THE ORDER NO.4/10198/2003 DT 25.7.2003 BY THE 3RD RESPONDENT. EXT.P7: TRUE COPY OF THE REVISION DTD 21.9.2003. EXT.P8: TRUE COPY OF THE ORDER NO.D.DIS/71487/03/RA(4) DPI DT 1.1.05. EXT.P9: TRUE COPY OF THE ORDER IN REVISION NO.22507/A2/06/G.EDN.DTD 2.6.06. EXT.P10: TRUE COPY OF THE ORDER NO.DDIS.B3-9274/05 DT.31.12.2005. EXT.P11: A TRUE COPY OF THE JUDGMENT DATED 14.7.2005 IN WPC NO.12272/05. EXT.P12: A TRUE COPY OF THE ORDER DT 15.10.07 ISSUED BY THE 1ST RESPONDENT. EXT.P13: A TRUE COPY OF THE APPOINTMENT ORDER DT 1.1.2008 ISSUED BY THE MANAGER. EXT.P14: A TRUE COPY OF THE ORDER DT 29.2.2008. //TRUE COPY// P.A. TO JUDGE ANTONY DOMINIC, J. ============== W.P.(C) NO. 22632 OF 2006 (T) ==================== Dated this the 28th day of October, 2008 J U D G M E N T In this writ petition, though several issues have been raised and contentions have been urged, presently, the controversy has boiled down to the correctness or otherwise of Ext.P14. Petitioner submits that following the long leave without allowance availed of by his senior appointee in the school, viz, Smt.Praveena, for the period from 01/04/2003 to 31/12/2007, he was appointed in that vacancy in pursuance to Ext.P11 judgment and that the same was approved by Ext.P10. According to him, leave availed by Smt.Praveena was extended for a further period of 5 years by Ext.P12 Government Order and the Manager appointed him by Ext.P13 order to that vacancy for the period upto 31/12/2012. 2. However, the DEO rejected approval on the ground that there was a division fall in the staff fixation order for the period 2007-08 and that another teacher Smt.K.P.Anitha, HSA (Physical Science) has been accommodated against the vacancy of Smt.Praveena applying 1:40 ratio. As already stated, petitioner is aggrieved by Ext.P14 order by which Ext.P13 appointment is now declined to be approved. 3. KER provides for an appellate remedy to the Deputy Director WPC 22632/06 :2 : of Education, the 3rd respondent. According to the petitioner against Ext.P14, the Manager of the School has already filed an appeal before the 3rd respondent and the same is still pending. 4. Now that the statutory authority is seized of the matter, it is for that authority to consider the matter and pass orders thereof. 5. Therefore, the writ petition is disposed of directing that if appeal dated 28/3/2008 filed by the Manager against Ext.P14 order is pending before the 3rd respondent, the 3rd respondent shall take up, consider the same and pass orders thereon with notice to the Manager and other affected parties. This shall be done, as expeditiously as possible at any rate within 8 weeks of production of a copy of this judgment. Petitioner may produce a copy of this judgment before the 3rd respondent for compliance. ANTONY DOMINIC, JUDGE Rp