IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH THURSDAY, THE 18TH DECEMBER 2008 / 27TH AGRAHAYANA 1930 WP(C).No. 16348 of 2003(U) ------------------------------------- PETITIONER(S): ----------------------- P.K.NABEESA, MANAGER, NHEKLI L.P.SCHOOL, P.O.NHEKLI, PERINGOME, KANNUR DISTRICT. BY ADV. SRI.M.CHATHUKUTTY NAMBIAR SRI.C.MURALIKRISHNAN (PAYYANUR) RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 2. DISTRICT EDUCATIONAL OFFICER, KANNUR. 3. ASSISTANT EDUCATIONAL OFFICER, PAYYANNUR. GOVERNMENT PLEADER SRI.NOBLE MATHEW FOR R1 TO 3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP. NO.1248/2003 IN WPC. NO.16348/2003 DISMISSED 18.12.2008 SD/- KURIAN JOSEPH, JUDGE APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE STAFF FIXATION ORDER FIR 2000-01 NO.DIS. 93/01 DT. 15.1.01 ISSUED BY AEO, PAYYANNUR. P2:- COPY OF THE ORDER DT. 16.10.02 PASSED BY DEO, KANNUR, REVISING THE STAFF FIXATION ORDER. P3:- COPY OF THE STAFF FIXATION ORDER FOR 1999-2000 PASSED BY AEO, PAYYANNUR DT. 13.7.99. P4:- COPY OF THE LETTER DT. 31.10.02, ISSUED BY IST RESPONDENT REJECTING THE APPROVAL OF APPOINTMENT OF C.K.KRISHNAN. P5:- COPY OF THE G.O.(P) 303/01 G.EDN. DT. 5.10.01 ISSUED BY PRINCIPAL SECRETARY TO GOVT. P6:- COPY OF THE G.O.(P) 377/01 G.EDN. DT. 28.12.01. /TRUE COPY/ P.A. TO JUDGE tss KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C) No.16348 of 2003 ---------------------------------------------- Dated 18th December, 2008. J U D G M E N T Challenge is on Ext.P4 Government Order regarding approval of appointment of a teacher, made by the petitioner during the year 1999-2000. It is seen from the Government Order that the appointment of C.K.Krishnan thus made by the petitioner as LPSA against the leave vacancy of Smt.P.K.Sreemathy cannot be approved since the vacancy had to be filled up by absorbing the surplus teacher retained in the school. According to the petitioner, there was no surplus teacher available in the school for appointment. If there is any factual mistake, it will be open to the petitioner to point out the same to the first respondent, in which case, the matter will be duly considered by the said respondent with notice to the petitioner and appropriate orders in accordance with law will be passed, within another three months. The writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- W.P.(C) No.16348 of 2003 ---------------------------------------------- J U D G M E N T Dated 18th December, 2008.