IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 14TH FEBRUARY 2008 / 25TH MAGHA 1929 WP(C).No. 32866 of 2007(K) -------------------------- PETITIONER: ------------ 1. MANAGER, S.N.UPPER PRIMARY SCHOOL, POTHINKANDAM, KOZHITHOLU P.O., IDUKKI DISTRICT. 2. JYOTHI.S.VASAVAN, D/O.VASAVAN, JYOTHI BHAVAN, KOOTTAR P.O., IDUKKI (UPPER PRIMARY SCHOOL ASSISTANT, S.N.UPPER PRIMARY SCHOOL, POTHINKANDAM). BY ADV. SRI.S.SUBHASH CHAND RESPONDENTS: ------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION (H) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR (EDUCATION), OFFICE OF THE DEPUTY DIRECTOR (EDUCATION), IDUKKI, THODUPUZHA. 4. THE DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, KATTAPANA. 5. THE ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, NEDUMKANDAM. BY GOVERNMENT PLEADER SMT. M.R. SREELATHA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C)NO.32866/07 APPENDIX EXT.P1: COPY OF APPOINTMENT ORDER DTD 12.11.2004 ISSUED BY PETITIONER NO.1 TO PETITIONER NO.2 EXT.P2: COPY OF ORDER BEARING NO.D/5227/04 DTD 12/4/2007 (SIGNED ON 4/1/2005) ISSUED BY RESPONDENT NO.5. EXT.P3: COPY OF ORDER BEARING NO.B1/3414/2005K.DIS DTD 12/5/2005 ISSUED BY R4. EXT.P4: COPY OF ORDER DTD 7/8/2006 ISSUED BY R2. EXT.P5: COPY OF GOVERNMENT ORDER DTD 15/2/1982 ISSUED BY R1. EXT.P6: COPY OF GOVERNMENT ORDER DTD 28/6/2002 ISSUED BY R1. EXT.P7: COPY OF CIRCULAR DTD 24/1/2005 ISSUED BY R1. EXT.P8: COPY OF PROCEEDINGS DTD 21/12/1005 OF R3. EXT.P9: COPY OF PROCEEDINGS OF PETITIONER NO.1 DATED 13/3/2006. EXT.P10: COPY OF SHOW CAUSE NOTICE DATED 30/11/2006 ISSUED BY R3. EXT.P11: COPY OF GOVERNMENT ORDER DTD ½/2006 ISSUED BY R1. EXT.P12: COPY OF GO (P) NO.169/04/G.EDN.DATED 15/6/2004. EXT.P13: COPY OF THE PERSONAL HEARING NOTICE DATED 15/2/2007 ISSUED BY R1. EXT.P14: COPY OF ORDER DATED 10.9.2007 PASSED BY RESPONDENT NO.1 REFUSING TO APPROVE THE APPOINTMENT OF PETITIONER NO.2. EXT.P15: COPY OF THE APPROVED ORDER OF APPOINTMNET OF KUM. SANDHYAMANI A.M. AS UPSA IN A REGULAR VACANY FROM 2/6/2004 ONWARDS. EXT.P16: COPY OF APPROVED APPOINTMENT ORDER DATED 2/6/2004 OF KUM. LEKHA K.S. AS UPSA IN SN UPPER PRIMARY SCHOOL, POTHINKANDAM. EXT.P17: COPY OF APPROVED APPOINTMENT ORDER DATED 5/6/2006 OF SMT.PRVITHA V. AS UPSA IN SN UPPER PRIMARY SCHOOL, POTHINKANDAM. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.32866 OF 2007 ---------------------------------------- Dated this the 14th day of February, 2008 JUDGMENT The 1st petitioner is the manager of an aided School and the 2nd petitioner is a UPSA appointed by the 1st petitioner in the School. There is a dispute relating to approval of the appointment of the 2nd petitioner by Ext.P14 order. The Government decided against the petitioners. The petitioners’ contention is that Ext.P14 order was passed not by the person, who actually heard the petitioners. Further there was a time lag of six months between the date of hearing and passing of the order. In such circumstances, I directed the Government pleader to get instructions as to whether the matter can be reconsidered in view of the above facts. The learned Government pleader today submits that if the Court directs so, the Government would reconsider the matter and pass fresh orders. In the above circumstances, I quash Ext.P14 order and direct the 1st respondent to reconsider the matter and pass fresh orders after hearing all parties concerned. Fresh orders shall be W.P.(c) No.32866/07 2 passed within three months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. S. SIRI JAGAN, JUDGE Acd