IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 19TH DECEMBER 2008 / 28TH AGRAHAYANA 1930 WP(C).No. 37711 of 2008(M) -------------------------- PETITIONER(S): ------------------ ANU.S.R, ESSAR, ADICHANALLOOR.P.O, KOLLAM, WORKING AS H.S.A., (PHYSICAL SCIENCE), ABDULLA KUNJU MEMORIAL H.S.S. MYLAPORE, KOLLAM. BY ADV. SRI.P.C.SASIDHARAN SRI.G.GIREESH KUMAR RESPONDENT(S): -------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, KOLLAM. 3. THE DISTRICT EDUCATIONAL OFFICER, KOLLAM. 4. THE MANAGER, ABDULLA KUNJU MEMORIAL H.S.S. MYLAPORE, UMAYANALLOOR.P.O, KOLLAM. GOVT.PLEADER SRI.T.T.MOHAMOOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/12/2008, ALONG WITH WPC NO.37753/08, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ============== W.P.(C) NOs. 37711 & 37753 OF 2008 ========================= Dated this the 19th day of December, 2008 J U D G M E N T The petitioners herein were appointed in the school of which the 4th respondent is the Manager, as HSA Physical Science and HSA Maths respectively. Approval was rejected by the educational authorities, stating that protected teacher was not appointed and that senior claimants approval was rejected. Petitioners state that both these reasons do not survive any longer due to subsequent developments. 2. Be that as it may, the issue relating to the approval of the petitioners is now pending consideration of the Government in the revisions filed by the Manager evidenced by Ext.P8 in these writ petitions. 3. In the meanwhile, in the staff fixation orders issued for the years 2007-08 and 2008-09, the post available in the Physical Science and Maths were adjusted to English and Social Studies respectively. Against the said adjustment of posts, petitioners have filed Ext.P7 in these cases to the Deputy Director. 4. As rightly pointed out by the learned Government Pleader, such adjustment of posts was consequent on the staff fixation order against which the remedy of the petitioners is to approach the DPI by filing appropriate WPC 37711 & 37753 /08 :2 : revision. 5. Taking into account the submissions made as above, these writ petitions are disposed of with the following directions. (1) That the 1st respondent shall dispose of Ext.P8 revisions filed by the Manager, against the orders declining approval of appointment of the petitioners as HSA Physical Science and HSA Maths in his school. This shall be done, as expeditiously as possible, at any rate within 3 months of production of a copy of this judgment and orders shall be passed with notice to the Manager/Revision petitioner. (2) Within 2 weeks from today, it will be open to the petitioners to file revision against the staff fixation order for the period 2007-08 and 2008-09. If such a revision is filed before the DPI, the said authority shall dispose of the appeal, as expeditiously as possible, at any rate within 8 weeks of its receipt, with notice to the petitioners. (3) Until orders are passed in the revisions filed before the 1st respondent and in the revisions to be filed before the DPI, it is directed that the petitioners will be permitted to continue, but without any monetary benefits in the meanwhile and the eligibility of which will depend WPC 37711 & 37753 /08 :3 : upon the outcome of the revisions referred to above. Petitioner shall produce a copy of this judgment before the 1st respondent and before the DPI for compliance. ANTONY DOMINIC, JUDGE Rp