IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 22ND AUGUST 2011 / 31ST SRAVANA 1933 WP(C).No. 22773 of 2011(V) ----------------------------------------- PETITIONER(S): ------------------------- SMT.M.GOURI, AGE 33 YEARS, W/O.KRISHNA KUMAR, HIGH SCHOOL ASSISTANT (SOCIAL STUDIES), CHEMNAD JAMA-ATH HIGHER SECONDARY SCHOOL, CHEMNAD P.O., KASARAGOD DISTRICT-671 320. BY ADV. DR.GEORGE ABRAHAM RESPONDENT(S): --------------------------- 1. THE MANAGER, CHEMNAD JAMA-ATH HIGHER SECONDARY SCHOOL, CHEMNAD P.O., KASARAGOD DISTRICT-671 320. 2. THE DISTRICT EDUCATIONAL OFFICER, KASARAGOD - 671 001. 3. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM - 695 001. 4. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. R2 TO R4 BY GOVERNMENT PLEADER SRI. V. VIJULAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.22773/2011 V APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF APPOINTMENT ORDER OF THE PETITIONER IN FORM 27 DTRD. 22/07/2005. P2: COPY OF ORDER OF THE DISTRICT EDUCATIONAL OFFICER, KASARAGOD DTD. 28/09/2005. P3: COPY OF ORDER OF THE DIRECTOR OF PUBLIC INSTRUCTIONS DTD. 18/09/2006. P4: COPY OF LIST OF PROTECTED TEACHERS IN KASARAGOD DISTRICT. P5: COPY OF JUDGMENT IN SLP NO.36556/10. P6: COPY OF REPRESENTATION DTD. 12/04/2011 SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.22773/2011-V ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 22nd day of August, 2011 J U D G M E N T The petitioner was appointed as High School Assistant (Social Studies) in the school managed by the first respondent from 22/07/2005. The vacancy arose consequent on the death of one Smt.Rajalakshmi K.C. on 28/05/2005. 2. Now, approval is granted only with effect from 01/02/2006 onwards. The learned counsel for the petitioner submits that no protected teachers were available in Kasargode District in the category of H.S.A (Social Studies) except two persons, whose names are mentioned in para.4. Those persons were not available for deployment as evident from Ext.P4. 3. The petitioner has filed a revision petition before the Government as per Ext.P6 and it is prayed that the same may be directed to be disposed of within a time frame. 4. I am not expressing anything on the merits of the claim. It is upto the Government to take a W.P.(C). No.22773/2011 -:2:- decision in accordance with law. The petitioner is also relying upon Ext.P5 Judgment of the Apex Court, wherein the decision of this Court in Moosakutty v. D.E.O, Wandoor [2009 (3) KLT 863] was confirmed and the Special Leave Petition was dismissed. All the relevant aspects will be considered after hearing the petitioner and the Manager within a period of six months from the date of receipt of a copy of this Judgment. The writ petition is disposed of as above. No costs. The petitioner will forward a copy of the writ petition along with a certified copy of the Judgment to the fourth respondent for compliance. Sd/- (T.R. Ramachandran Nair, Judge.) ms