IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 9TH FEBRUARY 2009 / 20TH MAGHA 1930 WP(C).No. 26709 of 2008(D) -------------------------- PETITIONER: --------------- M.V.LETHA, AGED 37 YEARS, W/O.RAGHUNATHAN, U.P.S.A. (RELIEVED) ANANGANADI H.S., PANAMANNA P.O., EDUCATION DISTRICT, PALAKKAD 679 501, RESIDING AT REGHUNILAYAM, TRIKKATIRI P.O., OTTAPPALAM, PALAKKAD DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENTS: --------------- 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATIONAL DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, PALAKKAD. 4. THE DISTRICT EDUCATIONAL OFFICER, OTTAPPALAM. 5. THE HEADMASTER, ANANGANADI H.S, PANAMANNA P.O., OTTAPPALAM, EDUCATION DISTRICT PALAKKAD 679 501. 6. THE MANAGER, ANANGANADI H.S, PANAMANNA P.O., OTTAPPALAM, EDUCATION DISTRICT, PALAKKAD 679 501. W.P(C)No.26709/2008-D : 2 : 7. M.JAYA, U.P.S.A, ANANGANADI H.S, PANAMANNA P.O., OTTAPPALAM, EDUCATION DISTRICT, PALAKKAD 679 501. 8. JAYASREE, L.P.S.A, ANANGANADI H.S, PANAMANNA P.O., OTTAPPALAM, EDUCATION DISTRICT, PALAKKAD 679 501. BY GOVT. PLEADER MR.A.J.VARGHESE ADV. SRI.P.K.VIJAYAMOHANAN FOR R7 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: HARUN-UL-RASHID, J. ---------------------------------------------- W.P(C) No. 26709 of 2008-D --------------------------------------------- Dated this the 9th February, 2009. J U D G M E N T The petitioner is an approved U.P.S.A with effect from 4.6.1999 onwards. The petitioner continued in the school upto 15.7.2004. According to her the H.M did not permit her to join duty after her maternity leave. The petitioner further submitted that she came to know that one Smt. Jayasree was appointed as UPSA with effect from 3.6.2005. But the Controlling Officers rejected the approval. By Exhibit P8 order passed by the Director of Public Instruction directed the DEO to approve the appointment of Smt.Jayasree. In terms of Exhibit P8, the D.E.O passed Exhibit P9 order approving the appointment of Smt.Jayasree as UPSA from 7.11.2005 onwards. It is case of the petitioner that she is a rightful claimant to get preference for appointment. Her claim was rejected illegally and Smt.Jayasree was appointed. Since the said appointment is illegal and approval is also consequently illegal, the petitioner filed Exhibit P12 before the Government for setting aside the appointment and the consequential approval. It is submitted that Exhibit P12 is now pending before the Government. The prayer in the Writ Petition is for to quash Exhibits P8 W.P(C) No. 26709 of 2008-D 2 and P9 and for other incidental reliefs. Since the matter is pending before the first respondent, the first respondent can effectively consider and pass appropriate orders on Exhibit P12 within a period of three months from the date of receipt of a copy of the judgment. The matter shall be decided after affording an opportunity of being heard to the petitioner and respondents 6, 7 and 8. The Writ Petition is disposed of accordingly. HARUN-UL-RASHID JUDGE ab W.P(C) No. 26709 of 2008-D 3 W.P(C) No. 26709 of 2008-D 4 W.P(C) No. 26709 of 2008-D 5