IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 7TH JULY 2009 / 16TH ASHADHA 1931 WP(C).No. 18878 of 2009(D) -------------------------- PETITIONER(S): --------------- P.V.SINDHU, W/O.RENJITH KUMAR, AGED 33 YEARS, HIGH SCHOOL ASSISTANT (MATHS), DEENUL ISLAM SABHA GIRLS HIGHER SECONDARY SCHOOL, KANNUR, P.O.KANNUR CITY. 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, TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, TRIVANDRUM-14. 3. THE DISTRICT EDUCATIONAL OFFICER, KANNUR, P.O.KANNUR. 4. THE MANAGER, DEENUL ISLAM SABHA GIRLS HIGHER SECONDARY SCHOOL, KANNUR, P.O.KANNUR CITY. SENIOR GOVERNMENT PLEADER, SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.18878/2009-D ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 7th day of July, 2009 J U D G M E N T The petitioner herein was appointed as High School Assistant (Maths) in the fourth respondent’s school, against a long leave vacancy of Shri C.Thalha H.S.A (Maths) from 01/11/2001 to 31/02/2002. The said appointment was approved and salary was paid. Again the petitioner was appointed in the very same vacancy from 05/06/2002 onwards as per Ext.P2. But the same has been approved only upto 31/05/2007. 2. By Ext.P3, Government sanctioned extension of leave in respect Shri C.Thalha from 01/06/2007 to 31/05/2011. The approval of service from 01/06/2007 is refused in the case of the petitioner for the reason that there is no sanctioned post to provide the appointee. The Manager preferred an appeal before the Deputy Director of Education which was rejected. It is pointed out that the further revision petition filed by the Manager was also rejected by the Director of Public Instructions, which is evidenced by Ext.P4. The petitioner points out that on 31/05/2007, six approved H.S.As (Maths) were on the rolls, i.e. one H.S.A(Maths) was excess and similarly, one H.S.A.(Social Studies) were also excess at that W.P.(C). No.18878/2009 -:2:- time and they were adjusted against English H.S.A. post. The petitioner has now filed Ext.P6 revision before the Government under Rule 12-F of Chapter XXIII K.E.R. One of the reliefs sought for by the petitioner herein is for a direction to the Government to take a decision on Ext.P6. 3. The writ petition is disposed of directing the Government to take a decision on Ext.P6 after hearing the petitioner and the Manager within four months from the date of receipt of the copy of this judgment. (T.R. Ramachandran Nair, Judge.) ms