IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 20TH JANUARY 2011 / 30TH POUSHA 1932 WP(C).No. 2064 of 2011(G) ------------------------- PETITIONER: --------------- R.S.SUDHEESH, LOWER PRIMARY SCHOOL ASSISTANT, ORKKATTERI NORTH U P SCHOOL, CHOMBALA, KOZHIKODE DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.ZUBAIR PULIKKOOL RESPONDENT(S): --------------- 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM-695001. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, TRIVANDRUM-695 014. 3. THE DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE-670 020. 4. THE ASSISTANT EDUCATIONAL OFFICER, CHOMBALA, KOZHIKODE DISTRICT-673 308. 5. THE MANAGER, ORAKKATTERI NORTH U P SCHOOL, CHOMBALA, KOZHIKODE DISTRICT-673 308. BY GOVT.PLEADER SMT.NISHA BOSE FOR R1 TO R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.2064 Of 2011 ----------------------------------------------------- DATED THIS THE 20th DAY OF JANUARY, 2011 J U D G M E N T The Writ Petition concerns the claim of the petitioner for approval of appointment from 30.9.2006. The petitioner was initially appointed in an anticipated additional division vacancy with effect from 20.7.2006 as per Exhibit P1 order. This appointment was rejected by the Assistant Educational Officer on the ground that creation of new posts needed Government sanction, as per Exhibit P2. 2. In the academic year 2008-09, two regular vacancies arose in the School and the Manager appointed two fresh hands. The petitioner thereafter approached the 2nd respondent for accommodating him against one of those posts and the 2nd respondent allowed the shifting up of the petitioner to one of the vacancies, by Exhibit P3 order. This was challenged before the Government, which resulted in the Government passing Exhibit P4 order. The Assistant Educational Officer later, passed Exhibit P5 order directing cancellation of the approval with effect from 2.6.2008 and to refund the salary which was released. 3. The petitioner points out that the ban effected by the Government for appointment has been lifted as per Government W.P.(C)No.2064/11 -2- Order, G.O.(P)No.10/2010/G.Edn. dated 12.1.2010. Therefore, the petitioner's appointment against additional division vacancy can be approved with effect from the date on which he became qualified. It is pointed out that the petitioner became qualified on 30.9.2006 and accordingly, the Manager has issued a fresh appointment order pas per Exhibit P6. 4. Thereafter, the Manager submitted a representation Exhibit P7 before the 2nd respondent-Director of Public Instructions to condone the delay in submitting the application for approval. The learned counsel prays that the2nd respondent may be directed to take a decision on Exhibit P7 within a time frame. 5. There will be a direction to the 2nd respondent-Director of Public Instructions to take a decision on Exhibit P7 with notice to the petitioner and the Manager within a period of two months from the date of receipt of a copy of this judgment. Till orders are passed, the recovery against the petitioner as ordered by Exhibit P5 will be kept in abeyance. The Writ Petition is disposed of as above. Sd/-( T.R.RAMACHANDRAN NAIR, JUDGE) dsn True copy P.A.to Judge