IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 17TH JUNE 2008 / 27TH JYAISHTA 1930 WP(C).No. 18147 of 2008(I) -------------------------- PETITIONER: ------------ MINI JOSEPH, AGED 30, W/O.JOJO JOSEPH, H.S.A (ENG), P.S.V.P.M.H.S.S. IRAVON, KONNI, PATHANAMTHITTA DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENTS: ------------- 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, PATHANAMTHITTA AT THIRUVALLA. 4. THE DISTRICT EDUCATIONAL OFFICER, PATHANAMTHITTA. 5. MANAGER, P.S.V.P.M.H.S.S., IRVON, KONNI, PATHANAMTHITTA DISTRICT. BY GOVERNMENT PLEADER SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------------------- W.P.(C) NO. 18147 OF 2008 I -------------------------------------------- Dated this the 17th June, 2008 JUDGMENT The petitioner was appointed as HSA (English) from 4.12.2003 to 23.3.2004 in P.S.V.P.M.H.S.S., Iravon in Pathanamthitta District, against the leave vacancy of Smt.R.Leena. The District Educational Officer rejected the approval stating that appointment of Smt.R.Leena was not approved. Though the Manager filed an appeal against that order, that was rejected by the Deputy Director of Education. The petitioner was again appointed as HSA (English) with effect from 2.6.2004 against the resignation vacancy of Smt.Asha Nair. Again the District Educational Officer declined to approve the appointment of the petitioner on the ground that appointment of Smt.Asha Nair was not approved. It is stated that subsequently the petitioner was appointed as HSA (English) from 15.7.2005 to 15.9.2008 against the leave vacancy of Smt.Deepa Sathyan. The District Educational Officer rejected this appointment also as per Ext.P4 order. The petitioner was again appointed in another vacancy of HSA (English) from 5.6.2006 onwards. As per Ext.P5 order, this appointment was approved by the District Educational Officer. The petitioner has filed Ext.P10 Revision, in which, he has taken exception to Exts.P1 to P4. In Ext.P10, the petitioner has prayed for a direction to the District Educational Officer, Pathanamthitta to approve the appointment of W.P.(C) NO.18147 OF 2008 :: 2 :: the petitioner as HSA(English) from 4.12.2003 to 23.3.2004 and from 2.6.2004 onwards and to disburse the salary and allowances to the petitioner for the period she had actually worked. Ext.P10 is pending disposal before the first respondent. 2. The reliefs prayed for in the Writ Petition are the following: “a) Call for the records relating to Ext.P1 to P4 and quash the originals of the same by the issuance of a Writ of certiorari or other appropriate Writ order. b) Issue a Writ of mandamus or other appropriate Writ order or direction commanding to the 4th respondent to approve the appointment of the petitioner as H.S.A. (Eng) from 4.12.2003 to 23.3.2004 and 2.6.2004 onwards and disburse the salary and allowances to the petitioner for the period the petitioner has actually worked. c) Direct the 1st respondent to effectively consider and pass appropriate orders upon Ext.P10 after affording an opportunity of being heard to the petitioner within a time limit. d) Pass such other order or direction which this Hon'ble Court may deem fit and proper to grant in the circumstances of the case.” The petitioner restricts her relief, for the time being, to relief (c). 3. In the manner in which I propose to dispose of the Writ Petition, I do not think that it is necessary to issue notice to the fifth respondent. Learned Government Pleader takes notice for respondents 1 to 4. It is W.P.(C) NO.18147 OF 2008 :: 3 :: submitted by the learned Government Pleader that Ext.P10 will be disposed of by the first respondent expeditiously, after affording an opportunity of being heard to the petitioner. In the facts and circumstances of the case, the Writ Petition is disposed of directing the first respondent to dispose of Ext.P10 as expeditiously as possible and, at any rate, within a period of three months, after affording an opportunity of being heard to the petitioner, the Manager and the affected parties, if any. Since the fifth respondent was not served with notice in the Writ Petition, petitioner shall send a copy of this judgment to the fifth respondent by registered post and shall produce proof of the same before the first respondent well in advance. (K.T.SANKARAN) Judge ahz/