IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 2ND MARCH 2010 / 11TH PHALGUNA 1931 WP(C).No. 18932 of 2009(J) -------------------------- PETITIONER(S): --------------- FATHIMA.U.M,ULLAMPUZHAYIL, P.O.SANTHIPURAM,THRISSUR DISTRICT. NOW WORKING AS UPSA IN THE AISUP SCHOOL, MANJALY. BY ADV. SRI.KKM.SHERIF SRI.LAL K.JOSEPH SRI.A.A.ZIYAD RAHMAN SMT.SHEENA SAMUEL RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, ERNAKULAM. 4. THE ASST.EDUCATIONAL OFFICER,N.PARAVUR. 5. THE MANAGER,A I S U P.SCHOOL,MANJALY, N.PARAVUR,MANNAM.PO. GOVERNMENT PLEADER SRI. T.T. MAHAMOOD. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/03/2010, ALONG WITH WPC NO. 4265 OF 2010 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: W.P.C. NO. 18932/2009 -------------------------------------------------------------------- EXT.P1 TRUE COPY OF LETTER DT. 2-5-2008. EXT.P2 TRUE COPY OF APPROVAL DT. 31-7-2008. EXT.P3 LETTER DT. 30-6-2009. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) Nos. 18932/2009 & 4265/2010 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 2nd day of March, 2010. J U D G M E N T W.P(C) No. 18932/2009 is filed by a UPSA appointed by the petitioner in W.P(C) No. 4265/2010 as the manager of AISUP School, Manjaly, North Paravoor. She was originally a peon working in a substantive vacancy. When a vacancy of UPSA arose in the school, since she had the qualifications prescribed for the post of UPSA, treating her as a Rule 43 claimant, she was promoted as UPSA. That appointment was refused to be approved by the authorities on the ground that her appointment to the post of peon itself was irregular and therefore, her promotion is also consequently irregular. Against the refusal to approve the appointment of the petitioner in W.P(C).No. 18932/2009, the manager filed a revision before the Government. That was kept pending on the ground that W.P(C).No. 18932/2009 filed by the teacher is pending. It is under the above circumstances, the manager has filed W.P(C).No. 4265/2010 seeking a direction to the Government to dispose of the revision petition filed by the petitioner. 2. I have heard the parties including the Government Pleader. 3. It is not disputed before me that if the petitioner in W.P(C) No. 18932/2009 was appointed in the vacancy of UPSA as a direct recruit, there could not have been any objection except, of course, the objection of the Government on the basis of G.O(P) No. 104/08/G.Edn dated 10-6-2008, which has been quashed by this Court in respect of which a Special Leave Petition is pending before the Supreme Court. Therefore, I put it to the learned Government Pleader as to whether the Government have any objection in approving the appointment of the petitioner in W.P(C) No. 18932/2009 as an appointment by direct recruitment. The 4th respondent filed a counter affidavit stating that such an appointment W.P.C. Nos. 18932/09 & 4265/2010 -: 2 :- can be approved only if the appointing authority forwards to the 4th respondent an appointment order appointing the teacher as a direct recruit. In the above circumstances, these writ petitions are disposed of with the following directions: The manager shall forward an appointment order appointing the petitioner in W.P(C) No. 18932/2009 as a direct recruit to the vacancy of UPSA, which has arisen with effect from 1-7-2008. The same shall be approved by the 4th respondent as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment. I make it clear that this would be subject to the result of the SLP pending before the Supreme Court in respect of G.O(P) No. 104/08/G.Edn dated 10-6-2008. Sd/- S. Siri Jagan, Judge. Tds/