IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 28TH MARCH 2011 / 7TH CHAITHRA 1933 WP(C).No. 25233 of 2010(D) -------------------------- PETITIONER: --------------- S.SALINI, W/O.JAYAPRAKASH, AGED 29 YEARS HIGH SCHOOL ASSISTANT (ENGLISH), K.K.K.V.M. HIGH SCHOOL, POTHAPPALLY, P.O.KUMARAPURAM, HARIPPAD, ALAPPUZHA DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): ---------------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 695 001. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, TRIVANDRUM - 14. 3. THE DEPUTY DIRECTOR OF EDUCATION, POST ALAPPUZHA - 688 001. 4. THE DISTRICT EDUCATIONAL OFFICER, POST ALAPPUZHA - 688 001. 5. THE MANAGER, K.K.K.V.M.HIGH SCHOOL, POTHAPPALLY P.O.KUMARAPURAM - 683 565, HARIPPAD, ALAPPUZHA DISTRICT. BY GOVT.PLEADER SMT.M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.25233/10 PETITIONER'S EXTS: EXT.P1: TRUE COPY OF THE APPOINTMENT ORDER. EXT.P2: TRUE COPYOF THE APPEAL FILED BY THE MANAGER. EXT.P3: TRUE COPY OF ORDER NO.B2/3434/06/K.DIS. OF THE 3RD RESPONDENT. EXT.P4: TRUE COPOY OF PETITION FILED BEFORE THE DIRECTOR. EXT.P5: TRUE COPY OF ORDER NO.ET2/55802/06/DPI/K.DIS OF THE 2ND RESPONDENT. EXT.P6: TRUE COPYOF THE REVISION FILED BEFORE THE GOVERNMENT. EXT.P7: TRUE COPY OF ORDER NO.29275/E2/2007/G.EDN. OF THE GOVERNMENT. EXT.P8: TRUE COPY OF THE REVIEW FILED BEFORE THE GOVERNMENT. EXT.P9: TRUE COPY OF THE CIRCULAR OF THE 2ND RESPONDENT. EXT.P10: TRUE COPY OF GO(RT)NO.1632/2006/G.EDN. OF THE GOVERNMENT. EXT.P11: TURE OCPY OF GO(RT)NO.3534/06/G.EDN. OF THE GOVERNMENT. EXT.P12: TRUE COPY OF THE APPOINTMENT ORDER. EXT.P13: TRUE COPY OF GO(P)NO.56/11/G.EDN. OF THE GOVERNMENT. TRUE COPY P.A.TO JUDGE T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No. 25233 Of 2010-D ----------------------------------------------------- DATED THIS THE 28th DAY OF MARCH, 2011 J U D G M E N T The petitioner was appointed as HSA (English) in the 5th respondent-school from 20.6.2005 onwards as per Exhibit P1 order. His approval was confined to 30.3.2006 on daily wage basis. The 5th respondent-Manager filed an appeal against the same which was declined as per Exhibit P3 and a revision filed against the same was also was rejected as per Exhibit P5 order. A further revision filed from it was also dismissed by the Government as per Exhibit P6. The petitioner approached the Government by filing petition under Rule 93 of Chapter XIV-A of KER as per Exhibit P8 and since no orders are passed, the petitioner approached this Court by filing this Writ Petition. 2. Along with I.A.No.5436/11, the petitioner has produced Exhibit P13, a copy of G.O.(P)No.56/11/G.Edn. dated 26.2.2011. which is issued in modification of G.O.(P) No.169/04/G.Edn. dated 15.6.2004 and G.O.(P) No.104/08/G.Edn. dated 10/08. The learned counsel for the W.P.(C)No.25233/10 -2- petitioner prayed that the District Educational Officer may be directed to consider the matter in the light of Exhibit P13 order. 3. There will be a direction to the District Educational Officer to consider the effect of Exhibit P13 as far as the approval granted to the petitioner is concerned and appropriate orders will be passed within a period of two months from the date of receipt of a copy of this judgment. It is made clear that Exhibits P1, P3, P5 and P6 will not stand in the way of considering the same. The petitioner will produce a copy of the judgment along with a copy of the Government Order Exhibit P13 before the District Educational Officer for compliance. The Writ Petition is disposed of as above. Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn