IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 15TH OCTOBER 2010 / 23RD ASWINA 1932 WP(C).No. 30076 of 2010(H) -------------------------- PETITIONER(S): --------------- SMITHA.B., AGED 36, W/O.N.RADHAKRISHNAN, NARAYANA NIVAS, PALLASSANA, PALAKKAD, NOW WORKING AS HSA (SOCIAL SCIENCE), VIM HIGH SCHOOL, PALLASSANA, PALAKKAD. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.S.PRAVEEN RESPONDENT(S): --------------- THE DISTRICT EDUCATIONAL OFFICER, PALAKKAD, PIN 678 001. GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- W.P.(C).No.30076 of 2010 --------------------------------------------- Dated this the 15th day of October, 2010 JUDGMENT The case of the petitioner is the following : She was appointed as UPSA in VIM High School, Pallassana, Palakkad District. While the petitioner was working as UPSA in a leave vacancy of Anithakumari, she was promoted and posted as HSA (Social Science), on 1.7.2003. In paragraph 3 of the Writ Petition, it is stated that Anithakumari, HSA (Social Science) initially took leave without allowance for the period from 2002- 2008. The learned counsel for the petitioner submitted that this is a mistake and Anithakumari took leave without allowance for the period from 12.1.1998 to 11.1.2003. The leave without allowance availed by Anithakumari was later extended up to 11.1.2013. In the leave vacancy of Anithakumari, originally in the year 2002, K.Indira was appointed. Later, in 2003, when a permanent vacancy of HSA (Social Science) arose in the school, Indira was appointed against that permanent vacancy and the petitioner was appointed as HSA (Social Science) in the leave WPC No.30076 of 2010 2 vacancy of Anithakumari. 2. It is stated that Indira was raising a claim that she was entitled to get approval as HSA with effect from 2000 onwards. She filed a Writ Petition as W.P.(C) No.23903 of 2003. It is stated that the said Writ Petition was dismissed. Indira filed Writ Appeal No.646 of 2007, which was disposed of as per Exhibit P2 judgment dated 11th August, 2010. In Exhibit P2 judgment, it was held as follows : “In the above circumstance, this Writ Appeal is allowed in part and it is hereby declared that the appellant is entitled to have her service from 3.1.2000 to 3.3.2000 as HSA approved. She is also entitled to have her service approved with effect from 5.6.2002 or from the date on which she had been actually working as High School Assistant.” 3. The learned counsel for the petitioner submitted that the proposal for approval of appointment of the petitioner as HSA (Social Science) was returned by the Educational Officer. WPC No.30076 of 2010 3 The matter went up to the Government and as per Exhibit P3 Order No.35650/A1/2008/G.Edn. (dated either 24.7.2008 or 15.5.2009 - Petitioner has not made it clear which date is correct), it was held that the question of approval of appointment of the petitioner could be considered only after Writ Appeal No.646 of 2007 is disposed of. The Manager had submitted Exhibit P4 appointment order of the petitioner as HSA (Social Science) for the period from 12.1.2008 to 11.1.2013 to the District Educational Officer for approval. That is also not considered, submits the learned counsel for the petitioner. 4. The reliefs prayed for by the petitioner are the following : “(i) issue a writ of mandamus or such other writ, order or direction, directing the respondent to approve the appointment of the petitioner as H.S.A. Social Science in the V.I.M.High School, Pallassana with effect from 1.7.2003 forthwith; (ii) issue a writ of mandamus or such other writ, order or direction, directing the respondent to disburse all monetary benefits WPC No.30076 of 2010 4 with arrears due to the petitioner consequent to her promotion and appointment as H.S.A. Social Science in the V.I.M. High School, Pallassana with effect from 1.7.2003 onwards forthwith and (iii) grant such other order or direction as this Honourable Court may deem fit and proper in the facts and circumstances of the case.” 5. The only reason stated for not considering the proposal for approval of appointment of the petitioner was that Writ Appeal No.646 of 2007 filed by Indira was pending. However, that Writ Appeal was disposed of on 11th August 2010. Therefore, the District Educational Officer can very well now consider the question of approval of appointment of the petitioner. It is not necessary to consider the contentions of the petitioner on the merits in this Writ Petition. The question of approval has to be considered by the District Educational Officer. Now there is no impediment for considering the same. WPC No.30076 of 2010 5 Accordingly, the Writ Petition is disposed of as follows : The District Educational Officer shall consider and dispose of the question of approval of appointment of the petitioner as HSA (Social Science), as expeditiously as possible and at any rate, within a period of two months from the date of receipt of a copy of the judgment. The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the respondent. K.T.SANKARAN JUDGE csl