IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 26TH SEPTEMBER 2011 / 4TH ASWINA 1933 WP(C).No. 18665 of 2011(G) -------------------------------- PETITIONER: -------------- K.S.SUBHASH, S/O.K.A.SANKARAN, AGED 30 YEARS, UPPER PRIMARY SCHOOL ASSISTANT, S.D.V.HIGHER SECONDARY SCHOOL, PERAMANGALAM, THRISSUR DISTRICT. BY ADVS. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENTS: ------------------ 1. THE STATE OF KERALA REPRESENTED BY ITS SECRTARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, THIRUVANANTHAPURAM-695 014. 3. THE DEPUTY DIRECTOR OF EDUCATION, THRISSUR AT AYYANTHOLE, THRISSUR-680 003. 4. THE DISTRICT EDUCATIONAL OFFICER, THRISSUR DISTRICT-680 001. 5. THE MANAGER, S.D.V.HIGHER SECONDARY SCHOOL, PERAMANGALAM, THIRSSUR DISTRICT-680 545. 6. THE HEADMASTER, S.D.V.HIGHER SECONDARY SCHOOL, PERAMANGALAM, THRISSUR DISTRICT-680 545. BY ADVS. SRI.ELVIN PETER P.J. FOR R5 SRI.T.G.SUNIL (PRANAVAM) FOR R5 SRI.K.R.GANESH FOR R5 SRI.N.RAGHURAJ FOR R6 SMT.K.AMMINIKUTTY FOR R6 SMT. NISHA BOSE, GOVERNMENT PLEADER FOR R1 TO R4. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.18665/2011 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF APPOINTMENT ORDER OF PETITIONER DTD. 23.7.09. EXT. P2 : COPY OF APPOINTMENT ORDER OF PETITIONER DTD. 8.9.09. EXT. P3 : COPY OF APPOINTMENT ORDER OF PETITIONER DTD. 1.6.10. EXT. P4 : COPY OF STAFF FIXATION ORDER No.D.DIS.B5- 4608/10/D.DIS. OF District Educational Officer DTD. 30.3.11. EXT. P5 : COPY OF STAFF STATEMENT AS ON 31.3.11. EXT. P6 : COPY OF STAFF STATEMENT AS ON 1.6.11. EXT. P7 : COPY OF STUDENTS STRENGTH REPORT (PROFORMA) OF SCHOOL DTD. NIL. EXT. P8 : COPY OF MEMO No.44/11-12 OF MANAGER DTD. 1.6.11. EXT. P9 : COPY OF PETITION FILED BEFORE MANAGER DTD. 6.6.11. EXT. P10 : COPY OF ORDER No.B3/6331/11 OF DEPUTY DIRECTOR DTD. 15.6.11. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.18665 OF 2011 --------------------------------------- Dated this the 26th day of September, 2011. J U D G M E N T The petitioner has approached this Court aggrieved by Ext.P8 proceedings of the Manager of the school. Against the same, the petitioner approached the District Educational Officer as per Ext.P9. The service particulars of the petitioner show that the initial appointment is for the period from 23.07.2009 to 27.08.2009 which was approved on daily wages. The second spell is from 08.09.2009 to 06.03.2010. The same was also approved on daily wages. The appointment of the petitioner in a pay scale is from 01.06.2010 and the said appointment is yet to be approved. 2. By Ext.P8, the petitioner was informed that in the absence of vacancy, the petitioner need not attend the school. Against the same, the petitioner has filed a representation before the District Educational Officer as per Ext.P9. W.P.(C) No.18665/2011 2 3. Heard the learned counsel appearing for the petitioner and the learned counsel for the Manager and the Headmaster. It is submitted by the learned counsel for the petitioner that the proposal for approval of appointment made as per Ext.P3 is still pending before the District Educational Officer and the Manager has already executed a bond also. I am not finally pronouncing anything on the matter. It is upto the District Educational Officer to take a decision on all matters pending before him, after notice to the petitioner and the Manager, within a period of two months. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp