IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 22ND NOVEMBER 2010 / 1ST AGRAHAYANA 1932 WP(C).No. 34504 of 2010(K) -------------------------- PETITIONER(S): --------------- PRIJI.J.L., UPSA, CHEMBAKASSERY U.P.SCHOOL, BOOTHAKULAM.P.O., KOLLAM. BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SRI.BRIJESH MOHAN SRI.T.S.SHYAM PRASANTH SRI.T.R.SADEESAN RESPONDENT(S): --------------- 1. THE DISTRICT EDUCATIONAL OFFICER, KOLLAM-691 001. 2. THE ASSISTANT EDUCATIONAL OFFICER, CHATHANNUR, KOLLAM-691 572. 3. SMT.A.SARASWATHY, JOINT MANAGER, CHEMBAKASSERY UPS, HSS AND TTI, BOOTHAKULAM.P.O., KOLLAM-691 302. 4. SMT.A.VASUMATHY, JOINT MANAGER, CHEMBAKASSERY UPS, HSS AND TTI, BOOTHAKULAM.P.O., KOLLAM-691 302. 5. THE HEADMISTRESS, CHEMBAKASSERY UPS,BOOTHAKULAM.P.O., KOLLAM-691 302. GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- W.P.(C).No.34504 of 2010 --------------------------------------------- Dated this the 22nd day of November, 2010 JUDGMENT The case of the Writ Petitioner is the following : The petitioner was appointed as U.P.S.A. in Chembakassery U.P. School, Boothakulam, Kollam, as per Exhibit P1 proceedings dated 31.5.2010 issued by the Joint Managers. Approval of appointment of the petitioner was declined by the Assistant Educational Officer, as per Exhibit P3 order dated 18.9.2010. Challenging Exhibit P3 order, the Joint Managers preferred Exhibit P4 appeal dated 20.10.2010 before the District Educational Officer. It is stated that Exhibit P4 appeal is pending. Meanwhile, the fourth respondent, one of the Joint Managers, issued Exhibit P5 order dated 27.10.2010 terminating the service of the petitioner on the ground that the appointment of the petitioner was made overlooking the legitimate claims of Rule 51A claimants and also on the ground that the Assistant Educational Officer rejected the approval of appointment of the petitioner. It is W.P.(C)No.34504/2010 2 submitted that the fourth respondent being one of the Joint Managers and she having filed Exhibit P4 appeal challenging the order passed by the Assistant Educational Officer, she could not have issued Exhibit P5 order. The petitioner filed Exhibit P6 representation dated 4.11.2010 before the District Educational Officer contending that Exhibit P5 order issued by one of the Joint Managers was illegal. Exhibit P6 is also pending disposal. 2. Though several reliefs are prayed for in the Writ Petition, the learned counsel for the Writ Petitioner submitted that for the time being, it would be sufficient, if relief No.(i) is granted, to avoid delay in disposal of the matters. It is submitted that in view of confining the reliefs to relief No.(i), it may not be necessary to issue notice to respondents 3 to 5. Accordingly, notice to respondents 3 to 5 is dispensed with. Learned Government Pleader takes notice for respondents 1 and 2. In the facts and circumstances, the Writ Petition is disposed of as follows : (i) The District Educational Officer shall consider and dispose of Exhibit P4 statutory appeal filed by the Joint Managers and also Exhibit P6 representation W.P.(C)No.34504/2010 3 submitted by the petitioner, as expeditiously as possible and, at any rate, within a period of two months from the date of receipt of a copy of the judgment, after affording an opportunity of being heard to the petitioner, respondents 3 to 5 and any other affected party. (ii) The petitioner would be free to pray for interim relief before the District Educational Officer to enable the petitioner to mark the attendance. (iii) The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the District Educational Officer. (iv) The petitioner shall also send copy of the Writ Petition and copy of the judgment to respondent Nos.3 to 5 and she shall produce proof of the same before the District Educational Officer. K.T.SANKARAN JUDGE csl