IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 2ND JANUARY 2009 / 12TH POUSHA 1930 WP(C).No. 36305 of 2008(V) PETITIONER : BEENA KUMARI G, AGED 36 YEARS, W/O.SURESH KUMAR, LPSA, LMLP SCHOOL, MELPURANTHAMON, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.JOHN JOSEPH VETTIKAD SRI.C.JOSEPH JOHNY RESPONDENTS: 1. THE ASSISTANT EDUCATIONAL OFFICER, KILIMANNOOR, THIRUVANANTHAPURAM DISTRICT. 2. THE ASSISTANT EDUCATIONAL OFFICER, NEDUMANGAD. 3. THE DISTRICT EDUCATIONAL OFFICER, ATTINGAL. 4. THE DISTRICT EDUCATIONAL OFFICER, ALAPPUZHA. 5. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM-14. 6. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION(H) DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 7. THE CORPORATE MANAGER, CORPORATE MANAGEMENT OF LUTHERAN SCHOOLS, INDIA EVANGELICAL LUTHERAN CHURCH, THIRUVANANTHAPURAM SYNOD, PERURKADA(PO),THIRUVANANTHAPURAM. 8. SMT.S.JAYALEKSHMI,HSA(NS),LHS ALAPPUZHA. 9. SMT.G S SREEKALA, UPSA, LHS ALAPPUZHA. GOVERNMENT PLEADER SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C) NO. 36305 OF 2008 V ------------------------------------------------------ Dated this the 2nd January, 2009 JUDGMENT The reliefs prayed for in the Writ Petition are the following: “i) issue a writ of mandamus or order or direction in the nature thereof directing the 1st respondent to implement Exhibit P3 and Exhibit P4 immediately and report compliance within a time limit fixed by this Hon'ble Court. ii) to issue a writ of mandamus or order or direction in the nature thereof directing the 1st respondent to approve the appointment of the petitioner as LPSA in the LMLP School, Melporunthaman from 5.7.2004 onwards with all consequential monitory benefits. iii) direct the 1st respondent to pay the penal interest for the belated release of the salary @ 18% since 5.7.2004 and realize the same from the 1st Respondent Assistant Educational Officer Kilimannoor by the Government following disciplinary proceedings in accordance with Rule 15 of the KCS (CC & A) Rules 1960 for having disobeyed the Government directions and harassed the petitioner. iv) to issue such other further reliefs as this Honourable Court may deem fit and proper in the facts and circumstances of this case.” 2. As per Ext.P3, the Government issued a direction to the Director of Public Instruction to consider the subsequent appointment of the petitioner as LPSA for the period from 5.7.2004 to 30.3.2005 and from 2.6.2005 till the vacancy exists, if there are no other senior claimants and W.P.(C) NO.36305 OF 2008 :: 2 :: if the petitioner is otherwise eligible. It is also mentioned in Ext.P3 that it should be ensured that there is established vacancy to accommodate the petitioner for the aforesaid periods. Pursuant to Ext.P3, the Director of Public Instruction issued Ext.P4 to the Assistant Educational Officer directing him to take necessary steps to comply with the direction issued by the Government in Ext.P3. The Assistant Educational Officer is the statutory authority to approve the appointment. 3. The grievance of the petitioner is that the Assistant Educational Officer has not taken any decision in spite of Ext.P4 dated 6.8.2008. The petitioner has produced Ext.P5, a copy of the relinquishment letter dated 24.1.2008 issued by Sreekala G.S., wherein it is stated that Sreekala has no objection for granting approval to the appointment of the petitioner. 4. Learned Government Pleader submits that the relinquishment should be in the prescribed form and that the Assistant Educational Officer has to consider the question in accordance with law. 5. In the facts and circumstances of the case, learned counsel for the petitioner confines his relief to a direction to the Assistant Educational Officer to consider and pass appropriate orders pursuant to Ext.P4, in the light of the directions contained in Ext.P3 and after affording an W.P.(C) NO.36305 OF 2008 :: 3 :: opportunity of being heard to the petitioner and Sreekala. The submission made by the learned counsel for the petitioner is just and reasonable. The Writ Petition is accordingly disposed of as follows: a) The Assistant Educational Officer (first respondent) shall take a final decision in the matter of approval of the appointment of the petitioner in the light of Ext.P3 and also in terms of the directions contained in Ext.P4, after affording an opportunity of being heard to the petitioner as well as Sreekala G.S., as expeditiously as possible and, at any rate, within a period of two months from the date of receipt of a copy of the judgment. b) The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the Assistant Educational Officer. (K.T.SANKARAN) Judge ahz/