IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 25TH MARCH 2009 / 4TH CHAITHRA 1931 WP(C).No. 6201 of 2009(U) ------------------------------------- PETITIONER(S): --------------------- MINI.M, AGED 29 YEARS, W/O.SURESH BABU, RESIDING AT PUDUKKAI, NILESHWAR, KASARGOD DISTRICT BY ADV. SMT.P.K.PRIYA RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HIGHER SECONDARY EDUCATIION, THIRUVANANTHAPURAM. 3. THE REGIONAL DEPUTY DIRECTOR OF HSE, KOZHIKODE. 4. THE MANAGER, CHEMMANAD JAMA-AT HSS, CHEMMANAD, KASARAGOD. R1 TO R3 BY SR. GOVERNMENT PLEADER MR.A.J. VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ P.N.Ravindran, J. ================== W.P.(C) No.6201 of 2009 ===================== Dated this the 25th day of March, 2009. JUDGMENT Heard Smt. Priya P.K., the learned counsel appearing for the petitioner and Sri. A.J.Varghese, the learned Government Pleader appearing for respondents 1 to 3. In the nature of the order that I propose to pass, it is not necessary to issue notice to or hear the fourth respondent. 2. The petitioner was appointed as Higher Secondary School Teacher (Botany) in the fourth respondent's school with effect from 29.1.2008 in resignation vacancy that arose on 8.1.2008. That appointment was approved by the Regional Deputy Director of Higher Secondary Education, Kozhikode by Ext.P2 order dated 13.6.2008 for the period from 29.1.2008 to 31.3.2008 and from 2.6.2008 onwards till the post exists. The Regional Deputy Director of Higher Secondary Education ordered that the petitioner will not be eligible for salary during vacation since she did not have 8 months service as on the close of the academic year 2007-2008. Aggrieved by the said stipulation in Ext.P2, the Manager has filed Ext.P3 appeal before the Secretary to Government, General Education Department. In this Writ Petition, the petitioner seeks a direction to the State Government to consider Ext.P3 appeal and pass orders thereon within a time limit to be fixed by this Court. WP(C) No.6201/09 -: 2 :- 3. The learned counsel appearing for the petitioner contends that Rule 49 of Chapter XIV A of the Kerala Education Rules do not govern Higher Secondary School Teacher and therefore, the Regional Deputy Director of Higher Secondary Education was not justified in holding that the petitioner is not eligible to draw the vacation salary. In my opinion, this is primarily a matter for the Government to decide, since the Manager has already moved the Government in appeal. I accordingly dispose of this Writ Petition with a direction to the Secretary to Government, General Education Department to pass orders on Ext.P3 appeal after affording the petitioner and the fourth respondent Manager a reasonable opportunity of being heard. Final orders in the matter shall be passed within three months from the date of receipt of a certified copy of this judgment. P.N.Ravindran, Judge. ess 5/4