IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 12TH APRIL 2011 / 22ND CHAITHRA 1933 WP(C).No. 1338 of 2011(N) ------------------------- PETITIONER(S): --------------- MANEESHA S., AGED 35, W/O. BALAGOPAL, HSA ENGLISH, SNG SHS, KADAIKODE, KOTTARAKKARA, NOW RESIDING AT SANTHOSH BHAVAN, KUDAVATTOOR P.O., ODANAVATTOM, KOTTARAKKARA. BY ADV. SRI.PAULSON THOMAS RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. DEPUTY DIRECTOR OF EDUCATION, KOLLAM. 4. DISTRICT EDUCATIONAL OFFICER, KOTTARAKKARA. 5. THE MANAGER, SNG SHS, KADAIKODE, KOTTARAKKARA. 6. K.SUNITHA MOL, HSA, VHSS, KUZHIKKILIDAVAKA, KOTTARAKKARA, NOW ON DEPLOYMENT AT SNG SHS, KADAIKODE, KOTTARAKKARA. R1 TO R4 BY G.P. SMT. SREELATHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX EXT.P1-TRUE COPY OF APPROVAL OF APPOINTMENT OF THE PETITIONERs EXT.P2-TRUE COPY OF DO. EXT.P3-TRUE COPY OF ORDER DT.4.8.2010 EXT.P4-TRUE COPY OF ORDER DATED 8.11.2010 EXT.P5-TRUE COPY OF GO DATED 46/2006 EXT.P6-TRUE COP OF ORDER DT.5.8.91 EXT.P7-TRUE COPY OF GO DATED 1.9.98 EXT.P8-TRUE COPY OF ORDER DT.4.11.09 EXT.P9-TRUE COPY OF ORDER DT.24.11.09 EXT.P9(A)-TRUE COPY OF ORDER DT.15.12.09 EXT.P10-TRUE COPY OF GO DAETD 26.2.2011 // TRUE COPY // P.S. TO JUDGE T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 1338 of 2011-N - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of April, 2011. JUDGMENT The petitioner who is working as H.S.A. English with effect from 1.6.2009 in the school managed by the fifth respondent, has approached this Court aggrieved by the delay in passing orders on the proposal for approval. 2. This is a case where the petitioner is seeking the benefit of Rule 43 of Chapter XIV-A K.E.R. The vacancy arose on 1.6.2009 by sanctioning a new division in the school. It is pointed out that the petitioner is the only qualified person as she is having B.A. English, M.A. English and B.Ed. in English. 3. The sixth respondent is a protected teacher deployed in the school as per Ext.P4 order. Learned counsel for the petitioner submitted that the Government has passed an order as per Ext.P10, whereby the claims of Rule 43 claimants have been directed to be considered. In the light of the above, it is prayed that the District Educational Officer may be directed to consider the grant of approval. 4. There will be a direction to the 4th respondent District Educational wpc 1338/2011 2 Officer to consider and pass orders on the proposal for approval of appointment of the petitioner in terms of Rule 43 of Chapter XIV-A K.E.R. It is open to the petitioner to produce copy of Ext.P10 Govt. Order before the District Educational Officer. If ultimately the appointment of the petitioner as H.S.A. is approved by the District Educational Officer, appropriate orders will have to be passed with regard to the re-deployment of the sixth respondent from the school and the same also will be done. It is made clear that Ext.P4 will not stand in the way of the District Educational Officer passing appropriate orders as directed above, which will be passed 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. The petitioner will produce a copy of this judgment before the 4th respondent for compliance. (T.R. Ramachandran Nair, Judge.) kav/