IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 17TH FEBRUARY 2011 / 28TH MAGHA 1932 WP(C).No. 37923 of 2010(M) --------------------------------------- PETITIONER: ------------------- FATHIMATH RAHEENA V. VALLIL HOUSE, P.O PARAPPUR, KOTTAKKAL, MALAPPURAM DISTRICT. BY ADV. SRI.R.K.MURALEEDHARAN. RESPONDENTS: ------------------------ 1. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM- 695 101. 2. THE DISTRICT EDUCATIONAL OFFICER, TIRUR -676 101. 3. THE ASSISTANT EDUCATIONAL OFFICER, VENGARA- 676 304. 4. THE MANAGER, AMLPS,KUNDILPARAMBA & AMLPS PULLITHARA, P.O. THENNALA, MALAPPURAM – 676 511. 5. SHARANYA .M. NAIR, LPSA, AMLPS, KUNDILPARAMBA, P.O THENNALA,MALAPPURAM- 676 511. 6. SHAMEER, LPSA, AMLPS, PULLITHARA, P.O THENNALA,MALAPPURAM -676 511. 7. DEEPAK P, LPSA (LEAVE SUBSTITUTE), AMLPS,KUNDILPARAMBA, P.OTHENNALA, MALAPPURAM- 676 511. R1 TO R3 BY GOVT. PLEADER SMT. NISHA BOSE. R4 TO R7 BY ADV. SMT. S. KARTHIKA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/02/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. T.R.RAMACHANDRAN NAIR, J. ------------------------------- W.P.(C).No.37923 of 2010 ------------------------------- Dated this the 4th day of February, 2011. J U D G M E N T The petitioner herein was appointed as LPSA, by the fourth respondent, in a newly created vacancy in the AMLPS, Kundilparamba and AMLPS, Pullithara under his management. Ext.P1 is the copy of the appointment order. The appointment of the petitioner was in the additional division vacancy during 2007- 08. In the light of the order issued by the Government as per G.O.(P) No.317/2005/G.Edn dated 17.8.2005, the said division was not sanctioned and therefore the appointment was rejected by the third respondent. 2. It is stated that two resignation vacancies of LPSA's arose in AMLPS, Kundilparamba and Pullithara with effect from 13.7.2009 due to the resignation of one Babu M.V. and Pramod.A for joining Government service. Both the above schools are under the management of fourth respondent. According to the petitioner, she is entitled to be appointed in one W.P.(C).No.37923 of 2010 2 of the regular vacancies thus pointed out. The fourth respondent appointed the fifth respondent in the vacancy of Pramod.A from 1.6.2010 onwards and the sixth respondent in the vacancy of Babu M.V. from the same date. The seventh respondent was appointed in the leave vacancy of one Abdulrahiman, in which the fifth respondent was working. The details of such appointments have been explained in para 5 of the writ petition. The petitioner has filed a representation as Ext.P2, raising his claim. By Ext.P3 the Government has passed an order to grant approval of the teachers appointed in the additional division vacancies, which obliges the manager to file a declaration to appoint protected teachers in equal number of posts. Petitioner's grievance is now against Ext.P5 order whereby his claim was rejected. It is the case of the petitioner that she has filed an appeal before the Director of Public Instruction as Ext.P6(a) along with a stay petition marked as Ext.P6(b). 3. In these circumstances, the writ petition has been filed, seeking various reliefs. The grievance voiced by the petitioner W.P.(C).No.37923 of 2010 3 mainly is that the petitioner was entitled to be appointed and the Manager even though is bound by the Government order Ext.P3, no action has been taken on the basis of the Government order so far. 4. Inspite of receipt of notice, none of the party respondents have appeared. Therefore it is only proper to direct the first respondent to take a decision on Ext.P6(a) revision with a notice to all the parties concerned. Learned counsel for the petitioner prays for a further direction to the Director of Public Instruction, Thiruvananthapuram, to consider the petition filed by the petitioner as Ext.P6(b) before the appeal is disposed of. The petitioner seeks for an interim order, in the light of the fact that, a proposal for the approval of appointment of the respondents 5 to 7, is pending before the Education Officer concerned. 5. There will be a direction to the Director of Public Instruction to take a decision on the revision petition Ext.P6(a) after hearing the petitioner and respondents 4 to 7 within a period of 3 months from the date of receipt of copy of this judgment. The stay petition Ext.P6(b) if pending will be W.P.(C).No.37923 of 2010 4 considered and appropriate orders will be passed within a period of three weeks from the date of production of a copy of this judgment. The petitioner will produce a copy of writ petition along with a copy of this judgment for compliance. No costs. T.R.RAMACHANDRAN NAIR, Judge ami/ 17.2.2011 The matter was posted for 'to be spoken to' today at the request of the learned counsel for respondents 4 to 7. Heard the learned counsel for the petitioner and the learned counsel appearing for respondents 4 to 7. It is submitted that the learned counsel for respondents 4 to 7 had filed vakalath on 1.2.2011. Therefore, the first sentence in paragraph No.4 of the judgment will be deleted. There will be a further direction to the Director of Public Instructions to hear respondents 4 to 7 also while taking a decision on the stay petition. dsn T.R.RAMACHANDRAN NAIR, JUDGE