IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 22ND MARCH 2010 / 1ST CHAITHRA 1932 WP(C).No. 4823 of 2010(C) ------------------------- PETITIONER: --------------- M.V.DEEPA, AGED 31 YEARS, D/O.VARGHESE, MECHERY HOUSE, MELOOR P.O., THRISSUR DISTRICT. NOW WORKING AS HSA (MALAYALAM), ST.SEBASTIAN HIGHER SECONDARY SCHOOL, KUTTIKKAD. BY ADV. SRI.K.T.THOMAS RESPONDENTS: --------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, THRISSUR. 4. THE DISTRICT EDUCATIONAL OFFICER, IRINJALAKUDA. 5. THE CORPORATAE MANAGER, CORPORATE EDUCATIONAL AGENCY, DIOCESE OF IRINJALAKUDA, PASTORAL CENTER, IRINJALAKUDA - 680121. 6. SMT.BENCY PAUL, HSA(MAL), ST.ANTONY'S HIGHER SECONDAY SCHOOL, MALA, THRISSUR. BY GOVT. PLEADER SRI. T.T.MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. --------------------------- W.P.(C). No. 4823 OF 2010 -------------------------- Dated this the 22nd day of March, 2010 J U D G M E N T The petitioner was appointed as HSA (Malayalam) on 1.6.2007 in a retirement vacancy in the aided school belonging to the fifth respondent. Approval for the same was refused by the fourth respondent as per Ext.P3 order on the ground that the Manager has not absorbed protected teachers as per Government Orders on the subject. The fifth respondent challenged Ext.P3 order before the Deputy Director of Education. The Deputy Director of Education set aside the order passed by the District Educational officer, the fourth respondent herein, and directed approval of the petitioner's appointment. However, disregarding that order, the District Educational Officer by Ext.P6 order again refused approval on the ground that the Manager has not furnished the details of regularisation of the lien of sixth respondent for the period from 15.7.2003 to 14.7.2008, without which petitioner's appointment cannot be approved. That order was also confirmed in appeal by the Deputy Director of Education. Petitioner submits that the Manager made six appointments of HSA (Malayalam) on 1.6.2007 and the petitioner was the senior most in age of the six persons who W.P.(C).No.4823/2010 2 were newly appointed. None of the appointments are approved, is her contention. Petitioner now submits that subsequent to filing of the writ petition, petitioner has filed Ext.P9 revision petition before the first respondent. For the present, the petitioner would be satisfied with a direction to the first respondent to consider and pass orders on Ext.P9 expeditiously. 2. I have heard the learned Government Pleader also. In the facts and circumstances of the case, I dispose of this writ petition with a direction to the first respondent to consider and pass orders on Ext.P9, as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment after affording an opportunity of being heard to the petitioner as well as respondents 5 and 6. The petitioner shall forward a copy of the writ petition and I.A. No.3963 of 2010 along with a certified copy of this judgment to the first respondent for compliance. S.SIRI JAGAN, JUDGE vps W.P.(C).No.4823/2010 3 W.P.(C).No.4823/2010 4