IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 30TH MARCH 2011 / 9TH CHAITHRA 1933 WP(C).No. 10041 of 2011(E) -------------------------------- PETITIONER: -------------- KAVITHA M, WIFE OF ANIL KUMAR K.KAV, AGED 24 YEARS, LOWER PRIMARY SCHOOL ASSISTANT, IRINGAL UPPER PRIMARY SCHOOL, P.O.CHITHAPILAPOYIL, KANNUR DISTRICT – 670 502. BY ADVS. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENTS: ------------------ 1. STATE OF KERALA, REP. BY ITS PRINCIPAL SECRETARY TO GOVT., GENERAL EDUCATION (P) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM – 695 001. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, THIRUVANANTHAPURAM – 695 014. 3. THE ASSISTANT EDUCATIONAL OFFICER, TALIPARAMBA NORTH, P.O. TALIPARAMBA – 670 141, KANNUR DISTRICT. 4. THE MANAGER, IRINGAL UPPER PRIMARY SCHOOL, P.O. CHITHAPILAPOYIL, KANNUR DISTRICT – 670 502. BY SRI.T.T. MUHAMOOD, SR. GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.10041 Of 2011-E ----------------------------------------------------- DATED THIS THE 30th DAY OF MARCH, 2011 J U D G M E N T The petitioner is seeking for grant of approval of her appointment. Exhibit P5 is the appointment order by which she was appointed in a regular vacancy. By Exhibit P6, the Assistant Educational Officer directed to appoint a protected hand in the said vacancy. It is contended that the same is not in tune with the scheme under the Rules. The Assistant Educational Officer has practically relied on Exhibit P8 communication from the Government. 2. The petitioner has filed Exhibit P9 representation before the Director of Public Instructions and Exhibit P9(a) before the Government. Since the Assistant Educational Officer's order is in tune with the communication Exhibit P8, the revision petition filed before the Government can be considered. 3. There will be a direction to the Government to take a decision on Exhibit P9(a) revision petition after hearing the petitioner and the Manager, within a period of four months from W.P.(C)No.10041/11 -2- the date of receipt of a copy of this judgment. The petitioner will produce a copy of the Writ Petition along with a copy of this judgment before the Government for compliance. The Writ Petition is disposed of as above. Sd/-( T.R.RAMACHANDRAN NAIR, JUDGE) dsn True copy P.A.to Judge