IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 11TH NOVEMBER 2009 / 20TH KARTHIKA 1931 WP(C).No. 31520 of 2009(H) -------------------------- PETITIONER(S): --------------- S.RAJEEVAN, HSA (HINDI) GUHANANDHAPURAM H.S.S., CHAVARA SOUTH P.O., KOLLAM DISTRICT. BY ADV. SRI.M.V.THAMBAN SRI.R.REJI SMT.THARA THAMBAN SRI.V.K.SATHYANATHAN SRI.B.BIPIN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR (EDUCATION) KOLLAM. 4. THE DISTRICT EDUCATIONAL OFFICER, KOLLAM. BY SR. GOVT. PLEADER SRI. MUHAMOOD T.T THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No.31520 of 2009 -------------------------- Dated this the 11th November,2009 J U D G M E N T Petitioner is working as H.S.A (Hindi) in Guhanandapuram Higher Secondary School, Chavara in Kollam District. The main grievance raised by the petitioner is that his approval during the three years period from 1997-1998 to 1999-2000 has been ordered only for the purpose of drawing salary. Petitioner was originally appointed as L.G (Hindi) Teacher with effect from 15.7.1990 against a retirement vacancy and the said appointment was duly approved. The said post was abolished in the staff fixation for the year 1995-96, even though during later years viz., 1997-98, 1998-99 and 1999- 2000 periods were available for two H.S.A (Hindi) and one L.G (Hindi) teacher. But the one post of L.G Hindi Teacher was not sanctioned so as to protect one Smt.Latha, who was working as H.S.A (Hindi). Against the relevant orders, petitioner filed O.P No.4500/1996, wherein, an interim order was passed. The said original petition was subsequently dismissed. W.P ( C) No.31520 of 2009 2 2. Petitioner challenged the same in W.A No.150/98 and by Ext.P4 judgment the Division Bench directed the respondents to approve the appointment of the petitioner for the limited purpose of disbursing salary for the period he had actually worked in the school. 3. It is the case of the petitioner that the relevant rules namely Rule 6F Chapter XXIII of KER was not adverted to by the Division Bench. But the judgment was rendered relying upon a Government Order dated 20.6.1997 with regard to adoption of 1:40 ratio for the purpose of safeguarding the interest of surplus teachers. Therefore, petitioner filed a review petition which was disposed of by Ext.P5 judgment leaving open the remedy of the petitioner to approach the competent authority. Accordingly, the petitioner filed Ext.P6 before the Director of Public Instruction. Aggrieved by the delay in the disposal of the same, he has filed this writ petition. 4. Learned Government Pleader, on instructions, submitted that the petitioner has subsequently filed another representation before the Government as per Ext.P8 and on it a report has been called for from the W.P ( C) No.31520 of 2009 3 Director of Public Instruction and the same is pending before the Government. 5. Learned counsel for the petitioner submitted that a direction may be issued to the Government to take a decision on the representation pending before the Government. 6. There will be a direction to the Government to take a decision in respect of the representation submitted by the petitioner as available in File No.ET (1) 76666/09/DPI dated 9.11.2009, expeditiously, at any rate within a period of four months from the date of receipt of a copy of this judgment. Petitioner and the Manager of the School will be afforded a personal hearing in the matter and the petitioner can file necessary argument notes also. Petitioner will produce a copy of the writ petition along with copy of this judgment before the 1st respondent for compliance. Writ petition is disposed of as above. T.R RAMACHANDRAN NAIR, JUDGE ma W.P ( C) No.31520 of 2009 4 W.P ( C) No.31520 of 2009 5