IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 6TH OCTOBER 2009 / 14TH ASWINA 1931 WP(C).No. 27958 of 2009(L) -------------------------- PETITIONER(S): --------------- LIJO JOSEPH, HIGH SCHOOL ASSISTANT, POMPIE ST.MARY'S VOCATIONAL HIGHER SECONDARY SCHOOL, KATTUR-THRISSUR. BY ADV. DR.GEORGE ABRAHAM RESPONDENT(S): --------------- 1. DISTRICT EDUCATIONAL OFFICER, IRINJALAKUDA, THRISSUR. 2. THE DEPUTY DIRECTOR OF EDUCATION, THRISSUR. 3. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. SENIOR GOVERNMENT PLEADER, SHRI MUHAMOOD T.T THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.27958/2009-L ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 6th day of October, 2009 J U D G M E N T The petitioner is presently working as H.S.A (English) in the St.Mary's Vocational Higher Secondary School, Kattur. 2. The petitioner was initially appointed as H.S.A (Social Studies), in a maternity leave vacancy availed by Smt.T.R.Shina, for the period from 10/10/2001 to 18/01/2002. A permanent vacancy arose in 2003-04 and the petitioner was appointed in the said vacancy and her appointment was ordered to be approved as per Ext.P1 order. In the academic year 2004-05 due to substantial reduction of students in the school and consequent division fall, only one post of Social Studies was sanctioned and the petitioner's senior was approved against that vacancy. In the subsequent years also there were only six divisions going by the staff fixation orders, namely, Exts.P4 to P6. 3. Ext.P7 is the order by which the petitioner's appointment was approved in the academic year 2003-04. After acquiring the qualification for the post of H.S.A (English), the petitioner was posted as H.S.A (English) W.P.(C). No.27958/2009 -:2:- as per order dated 02/06/2008. The said order of appointment is pending before the D.P.I for approval. 4. The petitioner is relying upon Ext.P8 G.O dated 17/06/2009 for approval of previous appointments in the school. Seeking for the benefit of the said G.O, the petitioner has filed Ext.P9 petition before the District Educational Officer. The petitioner seeks for approval of appointment as H.S.A (Social Studies) for the academic years from 2004-05 to 2007-08 in Ext.P9. 5. There will be a direction to the first respondent to take a decision on Ext.P9 after hearing the petitioner and the Manager within a period of two months from 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 first respondent for compliance. The writ petition is disposed of as above. (T.R. Ramachandran Nair, Judge.) ms