IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 8TH FEBRUARY 2011 / 19TH MAGHA 1932 WP(C).No. 3970 of 2011(U) ------------------------- PETITIONER(S): --------------- NITHYA N.V., WIFE OF RAJENDRAN, AGED 28 YEARS, M M U P SCHOOL, KUPPAM, P.O.KUPPAM, KANNUR DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION (P) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001. 2. THE DEPUTY DIRECTOR OF EDUCATION, KANNUR P.O. KANNUR-670001. 3. THE ASSISTANT EDUCATIONAL OFFICER, TALIPARAMBA NORTH, P.O.THALIPARAMBA, KANNUR DISTRICT-670141. 4. THE MANAGER, M.M.U.P.SCHOOL, KUPPAM, P.O.KUPPAM, KANNUR DISTRICT-670144. GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.3970/2011-U ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 8th day of February, 2011 J U D G M E N T The petitioner was appointed as U.P.S.A in M.M.U.P School, Kuppam managed by the fourth respondent from 01/06/2009 in a retirement vacancy of Shri P.V.Balakrishnan who retired as U.P.S.A on 31/03/2009. According to the petitioner, it is an established vacancy in the retirement post as evident from Ext.P2. The approval of the same was rejected for the reason that one Shri T.V.Muhammed Ameen was working as U.P.S.A with effect from 19/07/2007 onwards without getting approval, who was appointed against an additional vacancy created in the year 2007-08. The petitioner filed an appeal against the same before the Deputy Director of Education as per Ext.P4. Ext.P5 is the copy of the order of Staff Fixation for the year 2009- 10 since the Deputy Director of Education has not taken any action in the matter, the petitioner has filed a revision petition also as per Ext.P6 before the Government. W.P.(C). No.3970/2011 -:2:- 2. Heard the learned counsel for the petitioner and the learned Government Pleader. Since the appeal itself is pending before the Deputy Director of Education, there will be a direction to the second respondent to take a decision on Ext.P4 appeal with notice to the petitioner, Manager and any other affected parties within a period of two months from the date of receipt of a copy of this Judgment. The petitioner will produce a copy of the writ petition along with a copy of the Judgment before the second respondent for compliance. The writ petition is disposed of as above. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms \\TRUE COPY// P.A TO JUDGE