IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 27TH MAY 2008 / 6TH JYAISHTA 1930 WP(C).No. 14384 of 2008(K) -------------------------- PETITIONER: -------------------- A. AJITHAKUMARI, UPSA, LMS SOUTH ARYAD, ALAPPUZHA. BY ADV. SRI.G.SASIDHARAN CHEMPAZHANTHIYIL ADV. SRI.S.VISHNU RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. DEPUTY DIRECTOR OF EDUCATION, ALAPPUZHA. 4. THE MANAGER, CORPORATE MANAGEMENT OF LUTHERAN SCHOOL, INDIAN EVANGELICAL LUTHERAN CHURCH, TRIVANDRUM SYNOD, PEROORKADA, THIRUVANANTHAPURAM. BY GOVT. PLEADER ADV. SHRI A.J. VARGHESE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T. SANKARAN,J.. -------------------------------------- W.P.(C) No.14384 of 2008 K -------------------------------------- Dated this the 27th day of May, 2008. J U D G M E N T The petitioner was working as U.P.S.A. in L.M.School, Madathikonam. On 31.5.2007, as per Ext.P5 appointment order, the Corporate Manager appointed the petitioner as U.P.S.A. in Lutheran High School, South Aryad. Ext.P5 order of appointment was not approved by the District Educational Officer, Alappuzha. The proposal was rejected as per order dated 29.9.2007 passed by the District Educational Officer. The Manager of the school filed an appeal (Ext.P6) against that order before the Deputy Director of Education, Alappuzha. On coming to know about the appeal, the petitioner also filed Ext.P7 appeal before the Deputy Director of Education, Alappuzha. The Deputy Director of Education passed Ext.P8 order dated 7.2.2008 confirming the order passed by the District Educational Officer. The petitioner has filed Ext.P9 revision before the Director of Public Instruction, Thiruvananthapuram challenging Ext.P8 order. After filing the revision, there were subsequent developments. It was pointed out in Ext.P10 representation dated 2.4.2008 filed by the petitioner before the Director of Public Instruction that the ground on which approval was denied is no more in existence now. It is stated in the representation thus - WP(C) No.14384/2008 2 “1) Smt.P.S.Beena has been promoted as HSA. It was in her vacancy I was appointed. My approval was denied on the ground that Smt. Beena's promotion has not been approved. Now, subsequent to the passing of orders by the Deputy Director of education, it has come to my notice that Smt. Beena's appointment has been approved.” Exts.P9 and P10 are pending disposal before the Director of Public Instruction, Thiruvananthapuram. 2. The reliefs prayed for in the Writ Petition are the following:- “i) A wit of mandamus or other appropriate writ, order or direction directing the respondents to grant approval to the petitioner appointment under Rule 51A and direct expeditious disbursal of salary. ii) A writ of mandamus or other appropriate writ, order or direction directing the 2nd respondent to consider and pass orders on Exhibit P9 and Exhibit P10 expeditiously at any rate before the beginning of the present academic year. WP(C) No.14384/2008 3 iii) Any other further relief or order as this Hon'ble Court may deem fit and proper to meet the ends of justice. iv) Award the cost of these proceedings.” 3. The petitioner confines her reliefs to relief No.ii. Learned Government Pleader submits that relief No.ii can be granted and the Writ Petition can be disposed of. Accordingly, the Writ Petition is disposed of directing the Director of Public Instruction, Thiruvananthapuram to consider and dispose of Ext.P9 revision along with Ext.P10 representation, as expeditiously as possible and at any rate within a period of three months. K.T. SANKARAN, JUDGE. cks WP(C) No.14384/2008 4