IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 4TH JULY 2011 / 13TH ASHADHA 1933 WP(C).No. 10728 of 2011(M) -------------------------- PETITIONER: --------------- 1. R.SREEJA, W/O. C.V.JAYAKUMAR, AGED 32, HIGH SCHOOL ASSISTANT (HINDI), A.B.VILASAM HIGHER SECONDARY SCHOOL, MUHAMMA, CHERTHALA, ALAPPUZHA DIST., RESIDING AT CHERUKANNATTU, VARANAM P.O., CHERTHALA. 2. SINDHUMOL S., HIGH SCHOOL ASSISTANT (HINDI), A.B.VILASAM HIGHER SECONDARY SCHOOL, MUHAMMA, CHERTHALA, ALAPPUZHA DISTRICT. 3. JISHAMOL P.K., UPPER PRIMARY SCHOOL ASSISTANT, A.B.VILASAM HIGHER SECONDARY SCHOOL, MUHAMMA, CHERTHALA, ALAPPUZHA DISTRICT. BY ADV. SRI.BABU CHERUKARA SMT.ROSAMMA MATHEW SRI.ANZAR BASHEER SRI.PRATHEUSH.M.ANAND RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM-695001. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, THIRUVANANTHAPURAM, PIN-695 014. 3. THE DEPUTY DIRECTOR OF EDUCATION, ALAPPUZHA-688 001. 4. THE DISTRICT EDUCATIONAL OFFICER, CHERTHALA, PIN-688 524. 5. THE MANAGER, A.B.VILASAM HIGHER SECONDARY SCHOOL, MUHAMMA, PIN-688 525. BY GOVT.PLEADER SMT.RANI DIOTHIMA FOR R1 TO R4 ADV. SRI.ANANDARAJAN.N FOR R5 SRI.K.P.JUSTINE (KARIPAT) FOR R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.10728/11 PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE ORDER BY THE 4TH RESPONDENT. EXT.P2 : COPY OF THE APPEAL/REVISION SUBMITTED BY THE MANAGER DT.21.10.10. EXT.P3 : COPY OF THE INTERIM ORDER IN W.P.(C)No.38149/10 DT.22.12.10. EXT.P4 : COPY OF THE ORDER GO(P)NO.10/10/G.EDN. DT.12.1.10. EXT.P5 : COPY OF THE BOND(DECLARATION EXECUTED BY THE 5TH RESPONDENT. EXT.P6 : COPY OF THE ORDER PASSED BY THE 4TH RESPONDENT DT.22.9.10. EXT.P7 : COPY OF THE REJECTION ORDER DT.19.2.11 BY THE 4TH RESPONDENT. EXT.P8 : COPY OF THE ORDER DT.19.2.11 BY THE 4TH RESPONDENT. EXT.P9 : COPY OF THE ORDER DT.19.2.11 BY THE 4TH RESPONDENT. RESPONDENT'S EXHIBITS: EXT.R5(A): TRUE COPY OF ORDER NO.B3-3202/10.D.DIS. DATED 18.6.10 REVISING THE STAFF FIXATION FOR THE YEAR 2009-10 ISSUED BY THE 4TH RESPONDENT. //TRUE COPY// P.A. TO JUDGE dsn T.R.RAMACHANDRAN NAIR, J. ------------------------------------- W.P.(C)No.10728 Of 2011-M -------------------------------------------------- DATED THIS THE 4TH DAY OF JULY, 2011 J U D G M E N T All the petitioners are teachers working in the school managed by the 5th respondent. The first and second petitioners were appointed as High School Assistants(Hindi) and the 3rd petitioner as an Upper Primary School Assistant. 2. It is pointed out that by Exhibit P1, approval of appointment of the petitioners was rejected against which the Manager has filed an appeal before the Deputy Director of Education, a true copy of which is produced as Exhibit P2. Exhibit P5 is the copy of the bond executed by the Manager, as provided in G.O.(P)No.10/10/ dt.12.1.2010. 3. It is pointed out that as regards the approval of appointment of the 2nd petitioner is concerned, the proposal is kept pending, awaiting orders in the appeal filed as Exhibit P2. The 3rd petitioner's approval is also dependent upon the appellate order to be passed as well as the hearing of the objection with regard to the approval of appointment of one Smt.Nisha Dayanandan. 4. There will be a direction to the Deputy Director of Education, namely the 3rd respondent to take a decision on Exhibit P2 W.P.(C)No.10728/11 -2- appeal since the 4th respondent has taken the stand that only after the appellate order is received, he will be able to process the applications for approval. Such orders will be passed after hearing the parties within a period of two months from the date of receipt of a copy of this judgment. The petitioners as well as the Manager will he heard before a decision is taken in the matter. Depending upon the approval if any, the consequential benefits also will be disbursed to the petitioners. The Writ Petition is accordingly disposed of. SD/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn