IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 8TH NOVEMBER 2010 / 17TH KARTHIKA 1932 WP(C).No. 30642 of 2010(E) PETITIONERS: --------------- 1. M.K.NARENDRANATH, MANAGER, REPUBLICAN VOCATIONAL HIGHER SECONDARY SCHOOL, KONNI & L.P.SCHOOL, KONNAPPARA, PATHANAMTHITTA DISTRICT. 2. LAKSHMI S., LPSA, L.P.SCHOOL, KONNAPPARA, PATHANAMTHITTA DISTRICT. BY ADV. SMT.S.KARTHIKA SRI.M.S.UNNIKRISHNAN SRI.M.R.ANISON SMT.K.P.GEETHA MANI RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATIONA (L) DEPARTMENT, TRIVANDRUM- 695 001. 2. THE ASSISTANT EDUCATIONAL OFFICER, PATHANAMTHITTA DISTRICT, PATHANAMTHITTA P.O., 689 645. ADDIL. R3 IMPLEADED: 3. THE ASSISTANT EDUCATIONAL OFFICER, KONNI. ADDL.R3 IS SUO MOTU IMPLEADED VIDE JUDGMENT IN THE WRIT PETITION. GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C). NO. 30642 OF 2010 E ------------------------------------------------------ Dated this the 8th day of November, 2010 JUDGMENT The first petitioner Manager appointed the second petitioner as LPSA in L.P.School, Konnappara from 1.6.2007 onwards against the transfer vacancy of one Sreeja.V., LPSA, who was transferred to another school under the same educational agency as UPSA on promotion. The Assistant Educational Officer, Konni, as per Ext.P2 order dated 15.10.2007, rejected the approval of appointment of the petitioner on the ground that the transfer of Sreeja.V. was not approved. The Manager filed appeal before the District Educational Officer, Pathanamthitta, which was also rejected as per Ext.P3 order dated 16.1.2008. The Additional Director of Public Instruction confirmed Ext.P3 order in Ext.P4 order dated 22.1.2009. Though a Revision was filed before the Government, that was also rejected as per Ext.P8 order dated 12.6.2009, on the ground that the appointment of Sreeja.V. was not approved. 2. All the aforesaid authorities were under the erroneous impression that the appointment of Sreeja.V. was not approved. In W.P.(C) NO.30642 OF 2010 E :: 2 :: fact, the District Educational Officer, Pathanamthitta had issued Ext.P5 certificate dated 20.11.2008, certifying that transfer of Sreeja.V. was approved by the District Educational Officer as per the order dated 1.1.2008. Though the transfer of Sreeja.V. was approved on 1.1.2008, still the District Educational Officer rejected the appeal and the appointment of the petitioner was not approved as per the order dated 16.1.2008. In spite of the certificate issued by the District Educational Officer, the Director of Public Instruction as well as the Government passed orders rejecting the proposal for approval of the appointment of the petitioner. 3. Since the transfer of Sreeja.V. was approved, there was no impediment in approving the appointment of the petitioner. Accordingly, Exts.P2, P3, P4 and P8 orders are quashed. The Assistant Educational Officer concerned shall consider the question of approval of appointment of the petitioner afresh. The Assistant Educational Officer, Konni is not impleaded as a party in the Writ Petition. Instead, the Assistant Educational Officer, Pathanamthitta is made as the second respondent. The Assistant Educational Officer, Konni, is suo motu made a party in the Writ Petition. W.P.(C) NO.30642 OF 2010 E :: 3 :: Government Pleader takes notice for the Assistant Educational Officer, Konni. The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the Assistant Educational Officer, Konni, who shall pass appropriate orders within a period of one month from the date of receipt of a copy of the judgment. The Writ Petition is disposed of as above. (K.T.SANKARAN) Judge ahz/