IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 19TH JULY 2010 / 28TH ASHADHA 1932 WP(C).No. 13528 of 2010(M) -------------------------- PETITIONER(S): --------------- N.R.SUBHASREE,UPSA,D.B.U.P.S, CHANGANKARY PO, ALAPPUZHA DISTRICT. BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SRI.BRIJESH MOHAN RESPONDENT(S): --------------- 1. STATE OF KERALA,REPRESENTED BY THE SECRETARY TO GOVERNMENT,GENERAL EDUCATION DEPARTMENT,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE ASSISTANT EDUCATIONAL OFFICER, CHATHANNUR, KOLLAM DISTRICT. 3. THE ASSISTANT EDUCATIONAL OFFICER, THALAVADI,ALAPPUZHA DISTRICT. 4. THE MANAGER,TRAVANCORE DEVASWOM BOARD, SCHOOLS AND SECRETARY TO TRAVANCORE DEVASWOM BOARD, NANDANKODE,THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.DILIP MOHAN FOR R1 - 3 SRI.K.N.VENUGOPALA PANICKER, SC, TDB FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 13528 of 2010(M) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER DATED 11.2.2009 ISSUED BY THE GOVERNMENT OF KERALA. EXT.P2: COPY OF THE ORDER DATED 24.10.2009 OF THE 4TH RESPONDENT. EXT.P3: COPY OF THE COMMUNICATION DATED 6.11.2009 ISSUED BY THE HEADMISTRESS, DEVASWOM BOARD U.P.SCHOOL, CHANGANKARY. EXT.P4: COPY OF THE REQUEST DATED 9.11.2009 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT. EXT.P5: COPY OF THE COMMUNICATION DATED 30.12.2009 ISSUED BY THE 2ND RESPONDENT. EXT.P6: COPY OF THE ORDER DATED 21.12.2009 IN W.P.(C)NO.14328/2009. RESPONDENTS' EXHIBITS: EXT.R2(a): TRUE COPY OF THE PROCEEDINGS OF THE DIRECTOR OF PUBLIC INSTRUCTIONS. EXT.R4(a): TRUE COPY OF THE PROCEEDNGS OF THE SECRETARY, TRAVANCORE DEVASWOM BOARD DATED 14.7.2010. // TRUE COPY // TKS C.T.RAVIKUMAR, J. --------------------------------------- W.P(C)No.13528 of 2010 ---------------------------------------- Dated 19th July, 2010 JUDGMENT The petitioner is working as Upper Primary School Assistant in Devaswom Board U.P.School, Changankary in Alappuzha District. This writ petition has been filed inter alia with the prayer to direct the third respondent to regularise the service of the petitioner from 15.7.2008 to 14.7.2009 by shifting her lien to the vacancy evidenced by Ext.P3 as requested in Ext.P4 forthwith. 2. A statement has been filed by the fourth respondent in this writ petition. Along with the said statement, Annexure R4(a) which is an order dated 14.7.2010 has been produced by the fourth respondent. It would reveal that the fourth respondent has already issued an order shifting the lien of the petitioner to the vacancy in Devaswom Board U.P.School, Changankary for the period from 15.7.2008 to 14.7.2009 cancelling the appointment of Sri.N.R.Venu. The learned counsel for the petitioner submits that the only objection raised by the third respondent for declining regularisation of the service of the petitioner from 15.7.2008 to 14.7.2009 was the non- shifting of the lien of the petitioner. Now that, Annexure R4(a) has been issued by the fourth respondent, it is up to the third respondent WP(C).No.13528/2010 2 to take a decision in the matter of regularisation of service of the petitioner from 15.7.2008 to 14.7.2009 in the light of Annexure R4(a). Such an order shall be passed by the third respondent expeditiously, at any rate, within a period of three weeks from the date of receipt of a copy of this judgment. Follow up action based on the order in the said matter including disbursement of salary, if any, shall be taken within one month thereafter. The writ petition is disposed of accordingly. C.T.RAVIKUMAR Judge TKS