IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 10TH JUNE 2011 / 20TH JYAISHTA 1933 WP(C).No. 15695 of 2011(J) ------------------------------- PETITIONER: -------------- M.V.AJITHA, LOWER PRIMARY SCHOOL ASSISTANT, SRVLP SCHOOL P.O., KARAPERAVOOR, KANNUR DISTRICT-670 702. BY ADV. SRI.POOVAMULLE PARAMBIL ABDUL KAREEM RESPONDENTS: ------------------ 1. THE STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE DISTRICT EDUCATIONAL OFFICER, THALASSERY-670 101. 3. THE ASSISTANT EDUCATIONAL OFFICER, MATTANUR-670 702. 4. THE MANAGER, SRVLP SCHOOL, PERAVOOR-670 702. BY SMT. NISHA BOSE, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.15695/2011 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF APPOINTMENT ORDER WITH APPROVAL. EXT. P2 : COPY OF G.O.(RT) No.2396/06/GCD DTD. 14.6.06. EXT. P3 : COPY OF JUDGMENT DTD. 31.10.06 IN WP(C) 25212/06. EXT. P4 : COPY OF ORDER DTD. 13.10.08 ISSUED BY R4. EXT. P5 : COPY OF LETTER ISSUED BY R3. EXT.P6 : COPY OF ORDER No.B5/4911/10/L.DIS DTD. 26.2.11. EXT.P7 : COPY OF REVISION PETITION DTD. 6.5.11. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.15695 OF 2011 --------------------------------------- Dated this the 10th day of June, 2011. J U D G M E N T The petitioner is a Lower Primary School Assistant in the school managed by the 4th respondent. The grievance raised herein is with regard to non approval of the appointment of the petitioner from 02.06.2008 as well as non payment of salary. 2. The petitioner was initially appointed in a leave vacancy from 01.01.1995 to 27.03.1995 which was approved and by which she became a claimant under Rule 51A of Chapter XIV A of Kerala Education Rules. A regular vacancy arose on the promotion of Smt.T.M.Prasanna as Headmistress and the petitioner was reappointed in the said post by the 4th respondent from 01.06.2005 and the same was approved by the 3rd respondent. Ext.P1 is the copy of the said appointment order. 3. Due to certain allegations, the petitioner was suspended from service on 20.01.2006. As per Ext.P2 order, the Government directed the Manager to reinstate the petitioner as Assistant Teacher. A detailed enquiry was also expected to be W.P.(C) No.15695/2011 2 done at that stage. It is pointed out that the disciplinary proceedings were dropped later and the petitioner was reinstated in service. She was paid only salary upto the date of suspension. It is pointed out that the period of suspension has not been regularised and the salary due has not been paid so far. Due to fall in student strength, petitioner was subsequently retrenched. The petitioner was finally reappointed as per Ext.P4. Approval of the appointment has been declined as evident from Ext.P5 and the appellate order Ext.P6. Presently, Ext.P7 revision petition filed against the same is pending before the Government. There will be a direction to the Government to take a decision on Ext.P7 revision petition, after hearing the petitioner and the Manager, within a period of four months from the date of receipt of a copy of this judgment. The petitioner will forward a copy of this judgment along with a copy of the writ petition for compliance. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp