IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 19TH OCTOBER 2011 / 27TH ASWINA 1933 WP(C).No. 22794 of 2011(Y) -------------------------- PETITIONER: --------------- T.RATHI, W/O.ARAVINDAKSHAN, AGED 36 YEARS, SANSKRIT TEACHER, DARUL ISLAM U.P.SCHOOL, PARAL, THALASSERY-670671, KANNUR DISTRICT. BY ADV. SRI.V.A.MUHAMMED RESPONDENT(S): ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM-695014. 3. THE DISTRICT EDUCATIONAL OFFICER, THALASSERY-670671, KANNUR DISTRICT. 4. THE ASSISTANT EDUCATIONAL OFFICER, THALASSERY SOUTH, KANNUR DISTRICT-670671. 5. THE MANAGER, DARUL ISLAM U.P.SCHOOL, PARAL, THALASSERY-670671, KANNUR DISTRICT. BY GOVT.PLEADER SMT.M.T.SHEEBA FOR R1 TO R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC.22794/11 PETITIONER'S EXTS: EXT.P1: COPY OF ORDER OF APPOINTMENT OF THE PETITIONER DT.2.7.07. EXT.P2: COPY OF ORDER NO.K.DIS.D.2828/07 OF THE ASSISTANT EDUCATIONAL OFFICER, THALASSERY(S) DT.4.10.07. EXT.P3: COPY OF ORDER NO.B5/11911/07/K.DIS OF THE DISTRICT EDUCATIONAL OFFICER, THALASSERY DT.15.2.08. EXT.P4: COPY OF ORDER NO.G4/13715/2010/DPI/K.DIS. OF THE 2ND RESPONDENT DT.22.2.10. EXT.P5: COPY OF PETITION FILED BY THE MANAGEROF THE SCHOOL DT.15.10.09. EXT.P6: COPY OF LETTER NO.19471/E2/2010/G.EDN. OF THE GOVERNMENT DT.31.7.10. EXT.P7: COPY OF THE BOND EXECUTED BY THE MANAGER DT.15.10.09. EXT.P8: COPY OF ORDER NO.D/4279/08 OF THE ASSISTANT EDUCATIONAL OFFICER, THALASSERY SOUTH DT.31.3.09. EXT.P9: COPY OF ORDER NO.G4/13715/2010/DPI/K.DIS. OF THE 2ND RESPONDENT DT.22.2.10. EXT.P10: COPY OF JUDGMENT IN WPC.NO.2860/09 DT.13.6.11. EXT.P11: COPY OF JUDGMENT IN WPC .19979/08-C DT.17.8.10. EXT.P12: COPY OF ORDER NO.B5/6953/L.DIS. OF THE DISTRICT EDUCATIONAL OFFICER, THALASSERY. EXT.P13: COPY OF AUDIT REPORT OF THE ACCOUNTS OFFICER. EXT.P14: COPY OF ORDER NO.D/2026/11 OF THE ASSISTANT EDUCATIONAL OFFICER DT.5.8.11. EXT.P15: COPY OF APPEAL FILED BEFORE THE GOVERNMENT DT.30.9.11. TRUE COPY P.A.TO JUDGE dsn T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.22794 OF 2011 --------------------------------------- Dated this the 19th day of October, 2011. J U D G M E N T The petitioner, who was appointed as Lower Grade Sanskrit Teacher (full time) from 02.07.2007, has filed this writ petition challenging Exts.P2, P3, P4 and P12. The petitioner is also seeking for a direction to the respondents to grant approval to the petitioner with effect from 02.07.2007 and disburse the monetary benefits expeditiously. 2. Along with I.A.No.16215/2011, the petitioner has produced Ext.P13 which shows that an audit objection has been raised with regard to the approval of the appointment of the petitioner from 07.06.2010. Based on the same, by Ext.P14, a communication has been issued to the Headmaster directing recovery of an amount of Rs.37,910/- paid as salary to the petitioner from 07.06.2010. 3. Learned counsel for the petitioner submitted that challenging the proceedings, the petitioner has filed a W.P.(C) No.22794/2011 2 comprehensive representation before the Government by Ext.P15. In the light of the fact that Ext.P15 representation has been filed by the petitioner before the Government, there will be a direction to the 1st respondent to take a decision on Ext.P15, after hearing the petitioner and the Manager, within a period of five months from the date of receipt of a copy of this judgment. The implementation of Exts.P13 and P14 and the recovery pursuant to the same will be kept in abeyance till orders are passed by the Government. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp