IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 24TH NOVEMBER 2009 / 3RD AGRAHAYANA 1931 WP(C).No. 7514 of 2009(H) ------------------------------------- PETITIONER(S): --------------------- DIVYA. M.R, VOCATIONAL TEACHER IN MRDA, ST. GEORGE VOCATIONAL HIGHER SECONDARY SCHOOL, CHOWALLOOR, EDAKKADAM.P.O, EDAKKADOM.P.O, KOLLAM. (THUSHARA, EDAKKADOM P.O., KOLLAM DISTRICT.) BY ADV. MR.K.SASIKUMAR RESPONDENT(S): ------------------------ 1. DIRECTOR, VOCATIONAL HIGHER SECONDARY EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 2. ASSISTANT DIRECTOR, REGIONAL OFFICE OF VOCATIONAL HIGHER SECONDARY EUDCATION, KOLLAM. 3. MANAGER, ST. GEORGE VOCATIONAL HIGHER SECONDARY SCHOOL, CHOWALLOOR, EDAKKADAM.P.O, KOLLAM. 4. THE PRINCIPAL, ST. GEORGE VOCATIONAL HIGHER SECONDARY SCHOOL, CHOWALLOOR, EDAKKADAM.P.O, KOLLAM. 5. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. R1, R2 & R5 BY GOVERNMENT PLEADER MR.DILIP MOHAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 7514/2009-H APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER NO.L1/644/07 DATED 21/02/2007 PASSED BY THE 2ND RESPONDENT. EXT.P2: COPY OF THE ORDER NO.E-3/7863/06 DATED 21/05/2007 PASSED BY THE 1ST RESPONDENT. EXT.P3: COPY OF THE LETTER DATED 01/09/2007 FORWARDED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT. EXT.P4: COPY OF THE ORDER DATED 01/10/07 ISSUED BY THE 3RD RESPONDENT. EXT.P5: COPY OF THE LETTER DATED 06/11/2007 ISSUED BY THE 2ND RESPONDENT TO THE 4TH RESPONDENT. EXT.P6: COPY OF THE REPRESENTATION DATED 27/11/2007 FORWARDED BY THE 3RD RESPONDENT TO THE 1ST RESPONDENT. EXT.P7: COPY OF THE ORDER NO.E3/7863/06 DATED 05/12/2007 PASSED BY THE 1ST RESPONDENT. EXT.P8: COPY OF THE REPRESENTATION DATED 11/02/2008 FORWARDED BY THE PETITIONER TO THE 5TH RESPONDENT. EXT.P9: COPY OF THE JUDGMENT DATED 31/03/2008 IN WP(C) NO. 10805/2008. EXT.P10: COPY OF THE G.O.(RT)NO.3219/08/GLEDN DATED 15/07/2008. EXT.P11: COPY OF THE ORDER DATED 18/09/2008 ISSUED BY THE 1ST RESPONDENT. EXT.P12: COPY OF THE LETTER DATED 15/01/2009 FORWARDED BY THE 1ST RESPONDENT TO THE 3RD RESPONDENT. EXT.P13: COPY OF THE LETTER DATED 29/08/2008 FORWARDED BY THE 6TH RESPONDENT TO THE 5TH RESPONDENT. EXT.P14: COPY OF THE ORDER DATED 26/03/2009 PASSED BY THIS HONOURABLE COURT IN WP(C) NO. 7514/2009. EXT.P15: COPY OF THE PROCEEDINGS DATED 27/06/2009 ISSUED BY THE 1ST RESPONDENT. EXT.P16: COPY OF THE G.O.(RT)NO.1213/2009/GI. EDN. DATED 21/03/2009. EXT.P17: COPY OF THE APPOINTMENT ORDER ISSUED BY THE 3RD RESPONDENT. EXT.P18: COPY OF THE LETTER DATED 14/08/2009 FORWARDING THE APPOINTMENT ORDER AND OTHER DOCUMENTS BY THE 3RD RESPONDENT TO THE 1ST RESPONDENT. EXT.P19: COPY OF THE LETTER DATED 05/10/2009 ISSUED BY THE 1ST RESPONDENT TO THE 3RD RESPONDENT. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 7514 of 2009-H - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of November, 2009. JUDGMENT The petitioner was appointed as a Vocational Teacher in MEDA in St. George Vocational Higher Secondary School, Chowalloor, Kollam. The main prayer in the writ petition is to quash Exts.P12 and P13 to the extent it directs only prospective appointment of the petitioner as Vocational Teacher in MRDA. 2. This Court passed an interim order on 26.3.2009 directing the third respondent to resubmit the proposal for approval of petitioner's appointment as Vocational Teacher in MRDA along with original of the appointment order dated 1.10.2007. It was also directed that the Director of Higher Secondary Education shall, within two weeks from the date of receipt of the proposal for appointment, approve the appointment of the petitioner as directed in Ext.P10 Govt. Order and Ext.P13 letter with effect from 1.10.2007 and forward the order of approval to the Manager. The monetary benefits were also directed to be disbursed. 3. Along with I.A. No.14670/2009 the petitioner has produced Ext.P15 order which shows that the approval has been granted from wpc 7514/2009 2 1.10.2007. 3. Presently, the petitioner has been granted a fresh appointment in the leave without allowance vacancy, going by Ext.P17. The leave without allowance granted to Smt. Sheeja has been extended from 1.8.2008 to 31.7.2013 by Ext.P16 Govt. Order. The Manager forwarded the proposal as per Ext.P18 to the Assistant Director. By Ext.P19, it is informed that the proposal will be considered after the final disposal of W.P.(C) No.7514/2009, i.e. the present writ petition. 4. In the light of Ext.P15 order, the petitioner has already obtained the relief sought for in the writ petition. Therefore, the first respondent is directed to pass orders on Ext.P17 proposal as forwarded by Ext.P18 for grant of approval of appointment within a period of six weeks from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/