IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 9TH FEBRUARY 2011 / 20TH MAGHA 1932 WP(C).No. 36297 of 2007(U) ----------------------- PETITIONER : ----------------- --- T. RANI, AGED 35 YEARS, W/O.LAWRENCE, UPPER PRIMARY SCHOOL ASSISTANT, LUTHERAN HIGH SCHOOL, SOUTH ARYAD, ALAPPUZHA 688 006. BY ADVS. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, TRIVANDRUM-14. 3. THE DEPUTY DIRECTOR OF EDUCATION, ALAPPUZHA. 4. THE DISTRICT EDUCATIONAL OFFICER, ALAPPUZHA. 5. THE CORPORATE MANAGER, CORPORATE MANAGEMENT OF LUTHERAN SCHOOLS, INDIA EVANGELICAL LUTHERAN CHURCH, TRIVANDRUM SYNOD, PEROORKADA, TRIVANDRUM-5. 6. THE HEADMASTER, LUTHERAN HIGH SCHOOL, SOUTH ARYAD, ALAPPUZHA 688 006. R1 TO R4 BY GOVERNMENT PLEADER SMT. M.R. SREELATHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 36297 of 2007(U) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE ORDER OF APPOINTMENT. EXT.P2 : COPY OF THE -DO- EXT.P3 : COPY OF THE G.O. (RT) NO. 618/06/G.EDN. OF THE GOVERNMENT. EXT.P4 : COPY OF THE ORDER NO. B3/4696 OF THE DIST. EDL. OFFICER. EXT.P5 : COPY OF THE LETTER OF THE MANAGER. EXT.P6 : COPY OF THE LETTER NO. 1280/H2/07/G.EDN. OF THE GOVERNMENT. EXT.P7 : COPY OF THE LETTER NO. B3/4696/06/L.DIS. OF THE DIST. EDL. OFFICER. EXT.P8 : COPY OF THE LETTER OF THE MANAGER. EXT.P9 : COPY OF THE LETTER NO. B3-6130/07 OF THE DIST. EDL. OFFICER. EXT.P10 : COPY OF THE CIRCULAR NO. 8/94/G.EDN. OF THE GOVERNMENT. EXT.P11 : COPY OF THE DECISION REPORTED IN 1990 (1) K.L.T. 602. EXT.P12 : COPY OF THE G.O. (RT) NO. 3155/07/G.EDN. OF THE GOVERNMENT. EXT.P13 : COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.P.(C) NO. 15138/2004 – B. EXT.P14 : COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.P.(C) NO. 984/2005-P. EXT.P15 COPY OF THE APPOINTMENT OF SMT. ASHA. EXT.P16 COPY OF THE APPOINTMENT OF SMT. MAYA. EXT.P17 COPY OF THE APPOINTMENT OF SMT. KAVITHA. Contd.... EXT.P18 COPY OF THE APPOINTMENT OF SMT. PADMAJAKUMARY. EXT.P19 COPY OF THE LETTER NO. 20/2010-2011 OF THE MANAGER. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.A. TO JUDGE Mn T.R.RAMACHANDRAN NAIR, J. --------------------------------------------------------- W.P.(C) NO. 36297 OF 2007 -------------------------------------------------------- Dated this the 9th day of February, 2011. JUDGMENT The petitioner is working as Upper Primary School Assistant in Lutheran U.P.School, Ponvila, under the management of the 5th respondent. She was appointed from 23.2.1998 to 30.3.2998 against the vacancy of Smt.Saroja Santha Rani who availed commuted leave for the period from 13.1.1998 to 30.3.1998. It is submitted that the petitioner was appointed as UPSA from 4.10.1999 to 6.12.1999 as evidenced from Ext.P2 order. Again the Manager appointed the petitioner from 7.6.2000 onwards. The appointment was approved by the District Education Officer, Alapuzha, from 4.9.2002 as evidenced from Ext.P3 order. By Ext.P3 order the Government directed to approve the appointment of petitioner as Upper Primary School Assistant from 7.6.2000 to 3.9.2002. It appears that the Manager thereafter approached the District Education Officer for getting approval and the matter was under correspondence with the District Education Officer as evidenced from Exts.P4 to P9. 2. Along with IA No.2065 of 2011 the petitioner was produced Ext.P19 latter dated 3.1.2011 furnished to the District Educational Officer producing various documents for enabling the W.P.(C) NO. 36297 OF 2007 2 grant of approval of appointment to the petitioner. The learned counsel for the petitioner prayed that as all the defects have been cured by the Manager, a direction may be issued to the District Education Officer to pass orders on the request for approval within a time limit. There will be a direction to the 4th respondent to consider the claim for approval of appointment of the petitioner in the light of documents produced by the Manager along with Ext.P19 and appropriate orders will be passed within a period of one month from the date of receipt of a copy of this judgment. With notice to the Manager. Writ petition is disposed of as above. No costs. T.R.RAMACHANDRAN NAIR, JUDGE mns