IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 1ST DECEMBER 2009 / 10TH AGRAHAYANA 1931 WP(C).No. 33958 of 2009(L) -------------------------------- PETITIONER: -------------- SAJITH KUMAR E.P., AGED 33 YEARS, S/O.BALAKRISHNAN, ACKKIPARAMBA U.P.SCHOOL, P.O.TALIPARAMBA, KANNUR DISTRICT. BY MR.V.A.MUHAMMED, ADVOCATE. MR.K.E.HAMZA, ADVOCATE. RESPONDENTS: ------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION (P) DEPARTMENT, SECRETARIAT ANNEX, TRIVANDRUM. 2. THE ASSISTANT EDUCATIONAL OFFICER, TALIPARAMBA NORTH, P.O.TALIPARAMBA, KANNUR DISTRICT. 3. THE MANAGER, ACKKIPARAMBA U.P.SCHOOL, P.O.TALIPARAMBA, KANNUR DISTRICT. 4. THE HEADMISTRESS, ACKKIPARAMBA U.P.SCHOOL, P.O.TALIPARAMBA, KANNUR DISTRICT. BY MR.T.T. MUHAMOOD, SR. GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.33958 OF 2009 --------------------------------------- Dated this the 1st day of December, 2009. J U D G M E N T The petitioner was appointed as Assistant Teacher in the 3rd respondent's school against the retirement vacancy of one Smt.P.P.Savithri who retired on 31.03.2002 as Lower Primary School Assistant. It is prior to his regular appointment that the petitioner had got service from 25.11.1999 to 30.03.2000 against the maternity leave vacancy of Smt.K.Sheeja. Thereafter he was posted as L.P.S.A against the leave vacancy of the retiree with effect from 17.10.2001 to 21.12.2001. All these appointments have been approved and salary has been paid. 2. The petitioner moved the Assistant Educational Officer requesting to rectify the irregular notings in the approval of appointment order as U.P.S.A so as to correct it based on the appointment order of the Manager. It is his case that he was never appointed as U.P.S.A. Exhibit P4 is the copy of the said representation. In Exhibit P4, the apprehension expressed by the W.P.(C) No.33958/2009 2 petitioner is that unless the corrections are effected, that may cause difficulties in future. Since the said representation did not evoke any response, the petitioner filed Exhibit P5 before the Government. Therein the petitioner has sought for issuance of appropriate directions to the Assistant Educational Officer, Taliparamba in the matter. Learned Government Pleader on instructions submitted that Exhibit P5 has been received. Therefore, there will be a direction to the 1st respondent to take a decision on Exhibit P5, with notice to the petitioner and the Manager, within a period of four months from the date of receipt of a copy of this judgment. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp