IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 27TH MARCH 2009 / 6TH CHAITHRA 1931 WP(C).No. 9887 of 2009(E) ------------------------------------ PETITIONER(S): ---------------------- PREETHAKUMARY P.G., H.S.A. (NS), S.V.H.S. PONGALADY, PATHANAMTHITTA DISTRICT. BY ADV. MR.S.MUHAMMED HANEEFF RESPONDENT(S): ------------------------ 1. DISTRICT EDUCATIONAL OFFICER, PATHANAMTHITTA. 2. STATE OF KERALA, REP. BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 3. MANAGER, S.V.H. SCHOOL, PONGALADY, PATHANAMTHITTA DISTRICT. R1 & R2 BY SR. GOVERNMENT PLEADER MR.A.J. VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ P.N.RAVINDRAN, J. ------------------------------------- W.P.(C).No.9887 of 2009 -------------------------------------- Dated 27th March, 2009 JUDGMENT Heard Sri.S.Muhammed Haneef, the learned counsel appearing for the petitioner and Sri.A.J.Varghese, the learned Government Pleader appearing for respondents 1 and 2. In the nature of the order that I propose to pass, it is not necessary to issue notice to or hear the third respondent. 2. The petitioner is a teacher appointed by the third respondent. She was first appointed as High School Assistant (Natural Science) in a leave vacancy for the period from 22.7.1993 to 7.6.1998 as per Ext.P1 appointment order dated 22.7.1993. That appointment was approved by the District Educational Officer by order passed on 19.8.1996. The petitioner was thereafter re-appointed as H.S.A. (Natural Science) by Ext.P2 order dated 8.6.1998 for the period from 8.6.1998 to 7.6.2003. The said appointment was also approved. On the cessation of the said vacancy, the petitioner was appointed as H.S.A. (Natural Science) by Ext.P3 order dated 8.6.2003 for the period from 8.6.2003 to 7.6.2006. That appointment was also approved. 3. Later, the petitioner again appointed as H.S.A. (Natural Science) with effect from 8.6.2006. By Ext.P4 order passed on WP(C).No.9887/2009 2 30.8.2006, the District Educational Officer declined to approve the said appointment on the ground that the proposal to approve the appointment was submitted belatedly. It was also stated that the order allowing the teacher in whose leave vacancy the petitioner was appointed, to retire from service on 8.6.2006 is also not produced. The Manager challenged Ext.P4 in appeal, but that appeal was rejected by the Deputy Director of Education who concurred with the view expressed by the District Educational Officer. The petitioner thereafter moved the Director of Public Instruction in revision and on the revision petition being rejected moved the Government in revision. By Ext.P5 order dated 6.2.2009, the Government directed the District Educational Officer to approve the petitioner's appointment as H.S.A. (Natural Science) with effect from 8.6.2006, if it is otherwise in order. The Government also condoned the delay in the submission of the proposal for approval. In Ext.P5, the Government held that as Sri.M.Alexander Paniker, the teacher on leave, attained superannuation on 1/12/2007, a clear vacancy has arisen and as the said teacher was on leave, the petitioner's appointment can be approved with effect from 8.6.2006. In this writ petition, the petitioner complains that notwithstanding Ext.P5, the District Educational Officer has not yet passed orders approving her appointment. WP(C).No.9887/2009 3 4. By Ext.P5, the Government have directed the District Educational Officer to approve the petitioner's appointment with effect from 8.6.2006 as H.S.A.(Natural Science) in the third respondent's school, if the appointment is otherwise in order. Nearly two months have passed after Ext.P5 Government order was passed. Such being the situation, I am of the opinion that the District Educational Officer should expeditiously consider whether the petitioner's appointment can be approved in the light of the directions issued in Ext.P5. 5. I accordingly dispose of this writ petition with a direction to the District Educational Officer, Pathanamthitta to take follow up action pursuant to Ext.P5 in the matter of approving the petitioner's appointment as H.S.A (Natural Science) with effect from 8.6.2006. Final orders in the matter shall be passed within one month from the date of receipt of a certified copy of this judgment. If any clarification is required from the Manager, it will be open to the District Educational Officer to seek such clarification. The Manager shall if any clarification is sought furnish the necessary particulars to the District Educational Officer. The writ petition is disposed of as above. P.N.RAVINDRAN Judge TKS