IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 26TH FEBRUARY 2009 / 7TH PHALGUNA 1930 WP(C).No. 6160 of 2009(L) ------------------------- PETITIONER: --------------- RAJASREE AMMA R., U.P.S.A., PULIMATH UPS, PULIMATH P.O., KILIMANOOR, TRIVANDRUM. BY ADV. SRI.M.P.MADHAVANKUTTY RESPONDENTS: --------------- 1. THE MANAGER, PULIMATH UPS, PULIMATH P.O., KILIMANOOR, TRIVANDRUM. 2. THE ASSISTANT EDUCATION OFFICER, KILIMANOOR, TRIVANDRUM. 3. THE DISTRICT EDUCATION OFFICER, ATTINGAL, TRIVANDRUM. 4. THE DIRECTOR OF PUBLIC INSTRUCTIONS, GOVERNMENT SECRETARIAT, TRIVANDRUM. BY GOVT. PLEADER SHRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ---------------------------------------------- W.P(C) No. 6160 of 2009-L --------------------------------------------- Dated this the 26th February, 2009. J U D G M E N T The petitioner is presently working as UPSA in the school managed by the first respondent. She was initially appointed as UPSA on 1.8.2001 and the said appointment was approved by the Assistant Educational Officer, Kilimannoor by order passed on 16.5.2002. The petitioner was retrenched from service due to fall in student strength during the academic year 2003-2004. On 31.3.2008, the Headmaster of the school and a UPSA retired from service. In the said vacancies the Manager appointed the petitioner and Smt.R.Rajani Devi in recognition of their claims under Rule 51A of Chapter XIV A of the KER. The Manager thereafter moved the Assistant Educational Officer seeking approval of their appointment. The Assistant Educational Officer declined to approve their appointment on the ground that the vacancy of Headmaster has not been filled up. Aggrieved thereby the petitioner filed an appeal before the District Educational Officer, Attingal and that appeal was rejected by Exhibit P1 order dated 16.1.2009. Aggrieved by Exhibit P1, the petitioner has filed Exhibit P2 revision petition before the Director of Public Instruction under Rule 8A of Chapter XIV A of the K.E.R. 2. In this writ petition the petitioner inter-alia prays for a direction to the Director of Public Instruction to hear and dispose of the W.P(C) No. 6160 of 2009-L 2 revision petition filed by her within a time limit to be fixed by this Court. 3. Exhibit P1 discloses that the petitioner’s appointment as UPSA on 2.8.2001 was rejected for the reason that on the retirement of Headmaster, the senior most UPSA was not appointed as Headmaster. It is stated that only if the appointment of Headmaster is approved, the petitioner's appointment can be approved. The fact that the petitioner is a Rule 51A claimant is conceded in Exhibit P1 order. Exhibit P1 indicates that the petitioner's appointment has not been approved since the Manager has not promoted a UPSA as Headmaster. Since the petitioner has already moved the Director of Public Instruction in revision, I do not propose to go into the merits of the petitioner's contentions at this stage. I accordingly dispose of this writ petition with a direction to the Director of Public Instruction to consider Exhibit P2 revision petition filed by the petitioner and pass orders thereon after notice to and affording the petitioner, the Manager of the school and Smt.R.Rajani Devi an opportunity of being heard. Final orders in the matter shall be passed within three months from the date on which the petitioner produces a certified copy of this judgment before the Director of Public Instruction. The writ petition is disposed of as above. Sd/- P.N.RAVINDRAN JUDGE //True Copy// ab PA to Judge W.P(C) No. 6160 of 2009-L 3