IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 29TH JULY 2009 / 7TH SRAVANA 1931 WP(C).No. 21356 of 2009(L) -------------------------------- PETITIONER: -------------- RAJANI T.S., D/O.SANKARAN NAIR, H.S.S.T.(JUNIOR) ECONOMICS, S.V.H.S.S.SCHOOL, PALEMAD P.O., EDAKKARA, MALAPPURAM DISTRICT. BY MR.DEVIDAS.U.K, ADVOCATE. RESPONDENTS: ------------------ 1. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DIRECTOR, HIGHER SECONDARY EDUCATION THIRUVANANTHAPURAM. 3. THE REGIONAL DEPUTY DIRECTOR FOR HIGHER SECONDARY EDUCATION, REGIONAL OFFICE, KOZHIKODE. 4. THE MANAGER, S.V.H.S.SCHOOL, PALEMAD P.O., EDAKKARA, MALAPPURAM DISTRICT. 5. THE PRINCIPAL, S.V.H.S. SCHOOL, PALEMAD P.O., EDAKKARA, MALAPPURAM DISTRICT. BY MR. T.T. MUHAMOOD, SR. GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.21356 OF 2009 --------------------------------------- Dated this the 29th day of July, 2009. J U D G M E N T The petitioner herein is working as H.S.S.T (Junior) in Economics in S.V.H.S.S. school, Edakkara, Malappuram District managed by the 4th respondent. Exhibit P1 is the order by which her appointment was approved. By Exhibit P2, the school was informed that the post of Junior H.S.S.T in Economics cannot be permitted and therefore salary cannot be sanctioned. Apart from directing so, the 3rd respondent cancelled the post of Smt.Sunitha Thomas, H.S.S.T (Junior) English and directed the 2nd respondent to issue orders cancelling the approval of appointment of the petitioner and Smt.Devayani, H.S.S.T (Junior) Maths. 2. The petitioner relies upon Exhibit P4 to show that the directions in Exhibit P2 is wrong. It is pointed out that Exhibit P4 order fixing the staff strength of the school for the year 2000 onwards has not been considered by the authority concerned. W.P.(C) No.21356/2009 2 The petitioner and the affected Teacher Smt.Sunitha Thomas approached this Court earlier by filing W.P.(C) Nos.26286 and 27235 of 2008. Apart from the same, the other Teacher Smt.Devayani approached the 2nd respondent who passed an order in favour of her as per Exhibit P5. 3. The judgment of this Court in W.P.(C) No.26286/2008 is produced as Exhibit P6 wherein a direction was issued to file appropriate representation before the 3rd respondent. The representation filed by the petitioner was rejected as per Exhibit P8. According to the petitioner, the effect of Exhibits P4 and P5 have not been considered therein. 4. Presently, the petitioner is relying on Exhibit P9 judgment of this Court in W.P.(C) No.27235/2008 filed by Smt.Sunitha Thomas wherein this Court has found that Exhibit P2 produced therein is clearly against Exhibit P4 order of the Director of Higher Secondary Education. Accordingly, Exhibit P2 order was quashed. This Court has held that the Director of Higher Secondary Education has sanctioned six posts of H.S.S.Ts W.P.(C) No.21356/2009 3 and one post of H.S.S.T (Junior) in English for the year 2001- 2002. As long as the staff fixation order is not cancelled, the Regional Deputy Director for Higher Secondary Education cannot, on the ground that there are no sufficient periods in English to sanction one post of H.S.S.T (Junior) in English, cancel the approval already granted. Learned counsel for the petitioner submitted that the said reasoning will squarely apply to the facts of the case of the petitioner also. 5. Exhibit P10 is the reminder forwarded by the petitioner to the Government along with copy of Exhibit P9 judgment. It is prayed that the appeal may be directed to be disposed of within a time frame. It is pointed out that the file has been numbered as 57531/T2.Gen.Edn. There will be a direction to the 1st respondent to consider and pass orders on the appeal filed by the petitioner mentioned in Exhibit P10 within a period of two months from the date of receipt of a copy of this judgment. Appropriate orders shall be passed after considering the finding rendered in Exhibit P9 W.P.(C) No.21356/2009 4 judgment. The petitioner will produce a copy of the writ petition along with a copy of this judgment for compliance. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp