IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 30TH JULY 2009 / 8TH SRAVANA 1931 WP(C).No. 10003 of 2009(U) --------------------------------------- PETITIONER(S): ---------------------- SINDU B.S., ASSISTANT TEACHER, AUP SCHOOL, PERAMBRA, KOZHIKODE DISTRICT. BY ADV. MR.R.K.MURALEEDHARAN RESPONDENT(S): ------------------------ 1. THE STATE OF KERALA, REP. BY SECRETARY TO GENERAL EDUCATION DEPARTMENT. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, TRIVANDRUM. 3. THE DISTRICT EDUCATIONAL OFFICER, THAMARASSERY, KOZHIKODE DISTRICT. 4. THE ASSISTANT EDUCATIONAL OFFICER, PERAMBRA, KOZHIKODE DISTRICT. 5. THE MANAGER, AUP SCHOOL, PERAMBRA. 6. SMT.K.L.SHIJILA, ASSISTANT TEACHER, AUP SCHOOL, PERAMBRA, KOZHIKODE DISTRICT. R1 TO R4 BY SR.GOVERNMENT PLEADER SMT.T.B. REMANI. R6 BY ADV. MR.M.P.ASHOK KUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 10003/2009-U APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE APPOINTMENT ORDER DATED 05/06/2006. EXT.P2: COPY OF THE ORDER DATED 19/01/2007. EXT.P3: COPY OF THE ORDER OF THE DPI DATED 24/07/2008. EXT.P4: COPY OF THE REVISION DATED 08/09/208. EXT.P5: COPY OF THE ORDER OF THE 1ST RESPONDENT DATED 03/03/2009. EXT.P6: COPY OF THE APPOINTMENT ORDER DATED 01/06/2007. EXT.P7: COPY OF THE ORDER OF THE 4TH RESPONDENT DATED 10/12/2007. EXT.P8: COPY OF THE MEMO DATED 16/06/2007 ISSUED BY THE 5TH RESPONDENT. EXT.P9: COPY OF THE COVERING LETTER DATED 18/06/2007. EXT.P10: COPY OF THE ORDER DATED 07/08/2008 OF THE 3RD RESPONDENT. EXT.P11: COPY OF THE APPEAL DATED 5/11/2008 BEFORE THE 1ST RESPONDENT. EXT.P12: COPY OF THE ORDER OF THE 2ND RESPONDENT. EXT.P13: COPY OF THE GO(P)317/05 G.EDN. DATED 17/08/2005. EXT.P14: COPY OF THE AGREEMENT DATED 27/07/2009. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 10003 of 2009-U - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of July, 2009. JUDGMENT The petitioner is mainly challenging Ext.P12 order passed by the Director of Public Instruction. As per the said order, the appointment of the petitioner from 1.6.2007 was rejected and the approval of appointment granted to one Shri K.M. Saju from the said date was found to be in order. The 5th respondent Manager has been directed to adjust Smt. K.L. Shijila in the promotion vacancy. The 6th respondent is a rule 51-B claimant. 2. Along with I.A.No.9567/2009, an agreement executed between all the parties is produced as Ext.P14. Going by the terms of the agreement, the petitioner's appointment from 5.6.2007 and the 6th respondent's appointment from 2.6.2008 are to be treated as valid. 3. Therefore, the writ petition is disposed of in terms of the agreement, Ext.P14. Ext.P12 order is therefore quashed. The Manager will forward fresh proposal in terms of the agreement, to the 4th respondent and the 4th respondent will take appropriate action to approve the appointments. Final orders shall be passed by the 4th respondent, within one month from wpc 10003/2009 2 the date of receipt of proposal from the Manager. The other legal issues raised in the writ petition are left open. (T.R. Ramachandran Nair, Judge.) kav/