IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 9TH MARCH 2011 / 18TH PHALGUNA 1932 WP(C).No. 7427 of 2011(C) ------------------------- PETITIONER(S): --------------- SREELAJA T, 32 YEARS UPSA, AU.P.SCHOOL, VADAKEPOTTA POST THEKKEPOTTA, ALATHUR SUB DISTRICT PALAKKAD RESIDING AT SANTHA SADANAM MANAPPADAM, PALAKKAD. BY ADV. SRI.MATHEW KURIAKOSE RESPONDENT(S): --------------- 1. THE STATE OF KERALA REPRESENTED BY SECRETARY, GENERAL EDUCATION DEPARTMENT THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS THIRUVANANTHAPURAM. 3. THE DISTRICT EDUCATIONAL OFFICER PALAKKAD 678 001. 4. THE ASSISTANT EDUCATIONAL OFFICER, ALATHUR, PALAKKAD 678 541. 5. THE MANAGER, AUPS VADAKKEPOTTA, ALATHUR PALAKKAD 678 541. GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.7427/2011-C ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 9th day of March, 2011 J U D G M E N T The petitioner seeks for a direction to the Director of Public Instruction to take a decision on Ext.P6 revision petition within a time frame. The matter relates to non approval of appointment of the petitioner. It is the case of the petitioner that she was appointed as U.P.S.A as per order dated 02/06/2009 in a long leave vacancy of one Smt.P.Deepa Soman. The petitioner was earlier working on daily wages from 26/11/2007 to 11/02/2008 and Ext.P1 is the copy of the appointment order, the approval of which was rejected as per Ext.P2 order. The petitioner has stated in detail the irregularity in the matter. It is contended that there was nothing on record to show that Smt.Radha was shifted from the long leave vacancy of Smt.P.Deepa Soman. But, subsequently, Smt.Radha resigned from service on 01/12/2009. Therefore, it is submitted that there is an established vacancy as pointed out and the W.P.(C). No.7427/2011 -:2:- Manager ought to have corrected the mistake at the appropriate time. 2. It is upto the Director of Public Instruction to take a decision on Ext.P6 after considering various aspects. There will be a direction to the Director of Public Instruction to take a decision on Ext.P6 after hearing the petitioner, the Manager and any other parties within a period of two months from the date of receipt of a copy of this Judgment. The petitioner will produce a copy of the writ petition along with a copy of the Judgment before the second respondent for compliance. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms