IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 29TH JULY 2009 / 7TH SRAVANA 1931 WP(C).No. 21366 of 2009(M) ------------------------------------ PETITIONER(S): ------------------------ SMITHA.T H.S.A (SOCIAL SCIENCE) FR.JOSEPH MEMORIAL HIGHER SECONDARY SCHOOL PUTHUPPADY, MUVATTUPUZHA. BY ADV. SRI.ELVIN PETER P.J. RESPONDENT(S): ------------------------ 1. THE DEPUTY DIRECTOR OF EDUCATION, ERNAKULAM. 2. THE DISTRICT EDUCATIONAL OFFICER KOTHAMANGALAM. 3. THE MANAGER FR.JOSEPH MEMORIAL HIGHER SECONDARY SCHOOL PUTHUPPADY, MUVATTUPUZHA. SENIOR GOVT.PLEADER SRI.A.J.VARGHESE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.21366/2009-M ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 29th day of July, 2009 J U D G M E N T The petitioner herein is working as High School Assistant (Social Science) under the third respondent Manager. Ext.P1 is the copy of the staff fixation order for the academic year 2006-2007. Therein, six posts of U.P.S.As have been sanctioned. The petitioner was appointed in a retirement vacancy as U.P.S.A., as per Ext.P2. Presently, the writ petition is filed seeking for a direction to the first respondent to consider and pass orders on Ext.P9 appeal. The petitioner was appointed as H.S.A (S.S) as per Ext.P3 order. There is a dispute regarding the Managership of the school. The appointment of the petitioner as U.P.S.A as well as promotion in the post of H.S.A(S.S) was not approved because of the above dispute. By Ext.P5, the approval of appointment of the petitioner was rejected. The petitioner challenged the same in W.P.(C).No.15099/2007 and this Court directed that the approval sought for will be granted by the D.E.O. The second respondent passed Ext.P7 order approving the petitioner as U.P.S.A with effect from 05/06/2006 upto 05/03/2009 and thereafter, appointment has been approved with effect from 06/03/2009 as H.S.A. Ext.P8 is the said W.P.(C). No.21366/2009 -:2:- order. The petitioner is aggrieved by the rejection of approval of appointment on promotion as H.S.A(S.S) from 01/06/2007. Accordingly, Ext.P9 has been preferred before the first respondent. 2. It is prayed that the first respondent may be directed to take a decision on Ext.P9 within a time frame. The first respondent will consider and pass orders on Ext.P9 after hearing the petitioner and the third respondent within a period of two months from the date of receipt of a copy of the judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms