IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 14TH AUGUST 2008 / 23RD SRAVANA 1930 WP(C).No. 21895 of 2008(F) ---------------------------------------------- PETITIONERS: -------------------- 1. THE CORPORATE MANAGER, ALL CSI SCHOOLS IN MALABAR & WYNAD, BANK ROAD, CALICUT-1. 2. REEJA HENDREENA.G, JUNIOR HINDI TEACHER, CMS UP SCHOOL NEDIMKARANA, RIPON P.O, WYNAD DISTRICT. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA SRI.C.P.SIVADASAN NAIR RESPONDENTS: ----------------------- 1. STATE OF KERALA, REP.BY ITS SECRETARY, DEPARTMENT OF GENERAL EDUCATION, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. THE ASSISTANT EDUCATIONAL OFFICER, KOZHIKODE. 4. THE DISTRICT EDUCATIONAL OFFICER, MALAPPURAM DISTRICT. 5. THE ASSISTANT EDUCATIONAL OFFICER, VYTHIRI (KALPETTA), WYNAD DISTRICT. BY GOVERNMENT PLEADER SRI.A.J.VARGHESE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T. SANKARAN, J. ............................................................................ W.P.(C) No. 21895 OF 2008 ............................................................................ Dated this the 14th August, 2008 J U D G M E N T The petitioners are the Corporate Manager of CSI Schools in Malabar and Wynad and a junior Hindi teacher in CMS U.P.School, Nedimkarana, Ripon, Wynad district. The first petitioner appointed the second petitioner as Part-time Hindi teacher in BEM U.P.School, Puthiyara, Kozhikode as per Ext. P1 order of appointment for the period from 22.06.2006 to 31.05.2008. Later the petitioner was promoted and appointed as HSA (Hindi). The appointment of the petitioner as Part-time Hindi teacher for the period from 22.06.2006 to 31.05.2008 was not approved. On appeal, the Director of Public Instruction passed Ext. P3 order dated 30.11.2007 allowing the appeal filed by the Manager, the first petitioner. In the said order, the Assistant Educational Officer was directed to approve the appointment of the second petitioner if it is otherwise in order. The grievance of the petitioners is that appointment of the second petitioner for the aforesaid period as Part-time Hindi teacher was not approved by the Assistant Educational Officer, as directed in Ext.P3 order of the Director of Public Instruction. 2. The reliefs prayed for in the Writ Petition are the following: “i) Issue a writ of mandamus or any other appropriate writ, order or direction, commanding the respondents to disburse the benefits of service due to the 2nd petitioner for the service rendered by her on the strength of Ext.P1 order of appointment forthwith and to disburse the benefits W.P.(C) No. 21895 OF 2008 2 of service due to the 2nd petitioner for the service being rendered by her on the strength of Ext. P5(a) order of appointment. ii) Issue a writ of mandamus or any other appropriate writ, order or direction, commanding the 3rd and 4th respondents to implement the direction contained in Ext.P3 order of the 2nd respondent, forthwith, by disbursing the entire benefits of service due to the 2nd petitioner for the service rendered by her, with effect from 22.06.2006 to 31.05.2008, with interest at the treasury rate, with effect from the date on which the amount was become payable. iii) issue a writ of mandamus or any other appropriate writ, order or direction commanding the 3rd and 4th respondents to consider and dispose of Exts. P7 and P8 representations, forthwith, and iv) issue any such other writ, order or direction as this Honourable Court may deem fit, fair and proper in the facts and circumstances of the case. “ 3. The second petitioner had submitted Ext. P7 and P8 representations dated 05.04.2008 to the Assistant Educational Officer, Kozhikode and to the District Educational Officer , Malappuram respectively. Exts. P7 and P8 are not disposed of so far. In Exts. P7 and P8 representations reference is made to Ext.P3 order passed by the Director of Public Instruction. The prayer in Exts. P7 and P8 is to approve the appointment of the petitioner as Part-time Hindi teacher and to disburse the entire service benefits due to the second petitioner forthwith. W.P.(C) No. 21895 OF 2008 3 4. In the facts and circumstances of the case, it is just and necessary to direct the Assistant Educational Officer, Kozhikode to dispose of Ext. P7 representation submitted by the second petitioner in the light of Ext. P3 order passed by the Director of Public Instruction. Learned Government Pleader submits that the Assistant Educational Officer, Kozhikode will pass appropriate orders after hearing the petitioners without delay. The Writ Petition is accordingly disposed of in the following manner: i) The Assistant Educational Officer, Kozhikode shall dispose of Ext. P7 representation dated 05.04.2008 submitted by the second petitioner, after affording an opportunity of being heard to the petitioners and any other person who is likely to be affected , as expeditiously as possible , and at any rate, within a period of one month. ii) The petitioners shall produce certified copy of the judgment and a copy of the Writ Petition before the Assistant Educational Officer, Kozhikode without delay. iii) It is made clear that the petitioners would be entitled to produce such other materials and documents, as are relevant before the Assistant Educational Officer, Kozhikode. K.T. SANKARAN, JUDGE. lk