IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 18TH OCTOBER 2011 / 26TH ASWINA 1933 WP(C).No. 27498 of 2011(J) --------------------- PETITIONER : --------------------- ANEESA.B.A., LOWER GRADE ARABIC TEACHER (PART-TIME) M S C L P SCHOOL, OOTTUPARAMBU, MANNAR, ALAPPUZHA DISTRICT. BY ADVS. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA, RERPESENTED BY ITS SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT, GOVERNMEN SECREATRIAT, THIRUVANANTHAPURAM-695001. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, THIRUVANANTHAPURAM-695014. 3. THE DEPUTY DIRECTOR OF EDUCATION, ALAPUPZHA DISTIRCT-688001. 4. THE DISTRICT EDUCATIONAL OFFICER, MAVELIKKARA-690101. 5. THE ASSISTANT EDUCATIONAL OFFICER, CHENGANNUR, ALAPPUZHA DISTRICT-689121. 6. THE CORRESPONDENT, M S C SCHOOL, PATTOM, THIRUVANANTHAPURAM-695004. 7. THE CORPORATE MANAGER, M S C SCHOOLS, DIOCESE OF MAVELIKKARA BISHOP'S HOUSE, PUNNAMOOD-690101, MAVELIKKARA. 8. SMT. NAJEELA BEEVI.K.H., LOWER GRADE (ARABIC) PART-TIME, A M L P SCHOOL, MANNAKKARA, SASTHAMKOTTA-690521. ...2/- WP(C).No. 27498 of 2011(J) -2- 9. SMT. S. SAJEENA, LOWER GRADE (ARABIC) (FULL-TIME), M S C L P SCHOOL, EDAMULAKKAL, (VIA) AYUR, KOLLAM DISTRICT-691321. 10. SRI. K.M.SHIBUMON, LOWER GRADE (ARABIC) (FULL-TIME) P V L P SCHOOL, ADOOR-691521. 11. THE ASSISTANT EDUCATIONAL OFFICER, SASTHAMKOTTA-690521, KOLLAM DISTRICT. 12. THE ASSISTANT EDUCATIONAL OFFICER, ADOOR-691521. 13. THE ASSISTANT EDUCATIONAL OFFICER, ANCHAL, KOLLAM DISTRICT-691306. R1 TO R5, R11 TO R13 BY GOVT. PLEADER SRI. M.A. FAYAZ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ...3/- WP(C).No. 27498 of 2011(J) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE ORDER OF APPOINTEMENT OF THE PETITIONER DATED 16-07-2007. EXT.P2 TRUE COPY OF THE STAFF FIXATION ORDER 2007-2008 DATED 26-10-2007. EXT.P3 TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE DISTRICT EDUCATIONAL OFFICER, MAVELIKKARA BY THE MANAGER DATED 06-12-2007. EXT.P4 TRUE COPY OF THE ORDER NO. B1/9975/07/L.DIS. OF THE DISTRICT EDUCATIONAL OFFICER, MAVELIKKARA DATED 10-01-2007. EXT.P5 TRUE COPY OF THE ORDER NO. K.DIS. B3/23968/07 OF THE DEPUTY DIRECTOR DATED 14-02-2008. EXT.P6 TRUE COPY OF THE ORDER NO.D.DIS.RA(1) 76738/08/DPI OF THE 2ND RESPONDENT DATED 18-02-2009. EXT.P7 TRUE COPY OF THE REVISION FILED BEFORE THE GOVERNMENT DATED 15-03-2008. EXT.P8 TRUE COPY OF THE ORDER NO. 10674/SI/08/G.EDN. OF THE GOVERNMENT DATED 3-12-2009. EXT.P9 TRUE COPY OF THE ORDER OF APPOINTMENT OF THE PETITIONER DATED 2-6-2008. EXT.P10 TRUE COPY OF THE ORDER NO. G/3309/08 OF THE ASSISTANT EDUCATIONAL OFFICER DATED 25-05-2009. EXT.P11 TRUE COPY OF THE APPEAL FILED BY THE MANAGER BEFORE THE DISTRICT EDUCATIONAL OFFICER DATED 16-06-2009. EXT.P12 TRUE COPY OF THE ORDER NO. B1/3886/2009/K.DIS. OF THE DISTRICT EDUCATIONAL OFFICER DATED 30-06-2009. EXT.P13 TRUE COPY OF THE REVISION PETITION FILED BEFORE THE GOVERNMENT DATED 18-08-2011. RESPONDENT'S EXHIBITS : NIL //TRUE COPY// P.S. TO JUDGE Mn T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.27498/2011-J ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 18 th day of October, 2011 J U D G M E N T The petitioner herein is working as a Lower Grade Part-time (Arabic) Teacher in the school managed by the seventh respondent. 2. The writ petitioner was initially appointed as per Ext.P1 order dated 16/07/2007. Ext.P2 is the staff fixation order for the year 2007-08 wherein the post was not sanctioned. The appeal filed by the Manager was rejected by Ext.P4 order and the appeals filed by the petitioner were rejected by Exts.P5 and P6 orders. The revision petition filed by the petitioner before the Government was also rejected as per Ext.P8. The petitioner was later appointed in the next year, namely 2008-09 by Ext.P9 appointment order which was rejected by Ext.P10 order. Therein, the objection taken is by relying upon a ban order. The appeal filed by the Manager against the rejection of the proposal for approval stands rejected by the District Educational Officer as per Ext.P12. W.P.(C). No.27498/2011 -:2:- 3. The petitioner contends that in the light of the Government Order, namely, G.O.(P).No.10/10/G.Edn., dated 12/01/2010 whereby the said ban has been lifted, the objection regarding the approval of appointment will not survive. Against Ext.P12 order, the petitioner has filed Ext.P13 revision petition. The learned counsel for the petitioner prayed that a direction may be issued to the Government to consider and pass orders on Ext.P13 within a time frame. 4. Heard the learned Government Pleader. Since it is upto the Government to take a decision on Ext.P13, there will be a direction to the Government to take a decision on the same after hearing the petitioner and the Manager within a period of five months from the date of receipt of a copy of this Judgment. The petitioner will produce a copy of the writ petition along with a certified copy of the Judgment before the first respondent for compliance. The writ petition is disposed of as above. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms