IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 16TH JULY 2008 / 25TH ASHADHA 1930 WP(C).No. 16835 of 2008(D) PETITIONER : R. LEENA, AGED 33, W/O. BALAJI, HSA (ENG.), PSVPMHSS, IRAVON, KONNI, PATHANAMTHITTA DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENTS : 1. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM.. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM.. 3. THE DEPUTY DIRECTOR OF EDUCATION, PATHANAMTHITTA AT THIRUVALLA. 4. THE DISTRICT EDUCATIONAL OFFICER, PATHANAMTHITTA. 5. MANAGER, PSVPMHSS, IRAVON, KONNI, PATHANAMTHITTA DT. GOVERNMENT PLEADER SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------------------- W.P.(C) NO. 16835 OF 2008 D -------------------------------------------- Dated this the 16th July, 2008 JUDGMENT In the manner in which I propose to dispose of the Writ Petition, it is not necessary to issue notice to the fifth respondent. Government Pleader takes notice for respondents 1 to 4. 2. The petitioner is working as High School Assistant (English) in P.S.V.P.M.H.S.S., Iravon, Konni in Pathanamthitta District. She was appointed as HSA (English) with effect from 31.7.2002. The District Educational Officer rejected the proposal for approval of the appointment of the petitioner, as per Ext.P1 order dated 21.3.2003. On appeal by the Manager, the Deputy Director of Education confirmed the order passed by the District Educational Officer and rejected the appeal. The Manager took up the matter in Revision before the Director of Public Instructions. The Director of Public Instructions, as per Ext.P3 order dated 5.9.2005, rejected the Revision filed by the Manager. The matter was taken up by the Manager in Revision before the Government. The first respondent passed Ext.P4 order dated 28.2.2006, rejecting the Revision filed by the Manager. 3. The petitioner has submitted Ext.P10 representation dated W.P.(C) NO.16835 OF 2008 :: 2 :: 28.1.2008 before the first respondent requesting for approval of her appointment as HSA (English) from 31.7.2002. There is also a prayer to set aside Exts.P1 to P4. Ext.P10, petitioner states, is pending disposal before the first respondent. 4. Learned Government Pleader, on instructions, submitted that Ext.P10 representation submitted by the petitioner does not appear to have been received in the office of the first respondent. On the other hand, a representation submitted by the Manager was received by the first respondent on 15.2.2008. Learned counsel for the petitioner has produced the original of the acknowledgment card for perusal, which shows that the petitioner has sent a postal article to the first respondent weighing 180 grams on 12.2.2008 and it was received by the first respondent on 15.2.2008. In the facts and circumstances of the case, the Writ Petition is disposed of in the following manner: a) The first respondent shall dispose of Ext.P10 representation in accordance with law, after affording an opportunity of being heard to the petitioner and the Manager, as expeditiously as possible and, at any rate, within a period of three months. W.P.(C) NO.16835 OF 2008 :: 3 :: b) The petitioner would be entitled to produce such other documents and materials before the first respondent. c) It is made clear that I have not considered the merits of the case and the maintainability of Ext.P10 representation. d) The petitioner shall send a copy of the judgment to the Manager by registered post and shall produce proof of the same before the first respondent. e) The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the first respondent without delay. (K.T.SANKARAN) Judge ahz/