IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 22ND DECEMBER 2011 / 1ST POUSHA 1933 WP(C).No. 34546 of 2011(P) -------------------------- PETITIONER: --------------- USHA V., W/O YOONUS, AGED 43 YEARS, RESIDING AT MUSALIARAGATH HOUSE, THIRURKAD PO, MALAPPURAM DISTRICT. BY ADV. SRI.SURAJ.S RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM – 695 001. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM, PIN 695 001. 3. THE DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM DISTRICT, PIN 695 001. 4. THE DISTRICT EDUCATIONAL OFFICER, MALAPPURAM PIN 657 001. 5. THE MANAGER, A.M.HIGH SCHOOL, THIRURKAD PO, MALAPPURAM DISTRICT – 657 001. BY GOVT.PLEADER SHRI P.I.DAVIS FOR R1 TO R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/12/2011 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.34546/11 PETITIONER'S EXTS: EXT.P1: COPY OF APPOINTMENT ORDER DT.9.7.01 ISSUED BY THE 5TH RESPONDENT. EXT.P2: COPY OF ORDER NO.K.DIS./B2/42323/01 DT.8.7.02 ISSUED BY THE 3RD RESPONDENT. EXT.P3: COPY OF ORDER NO.DIS.1030/02/RA(3)/DPI DT.29.10.02 ISSUED BY THE JOINT DIRECTOR OF PUBLIC INSTRUCTION. EXT.P4: COPY OF ORDER NO.189/K2.03/G.EDN. DT.10.1.03 ISSUED BY THE first RESPONDENT. EXT.P5: COPY OF JUDGMENT DT.19.3.03 IN OP.30259/01 AND OP.NO.18363/02 OF THIS COURT. EXT.P6: COPY OF JUDGMENT OF THIS COURT IN W.P.(C)No.26643/03 DT.27.7.04. EXT.P7: COPY OF JUDGMENT DT.11.2.04 IN W.A.NO.276/04. EXT.P8: COPY OF GO(RT)NO.4378/04/G.EDN. DT.7.10.04. EXT.P9: COPY OF REPRESENTATION DT.25.6.11 SUBMITTED BY THE PETITIONER TO THE 4TH RESPONDENT. EXT.P10: COPY OF ORDER DT.8.8.01 ISSUED BY THE 4TH RESPONDENT. EXT.P11: COPY OF APPEAL SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. RESPONDENTS' EXTS: NIL TRUE COPY P.A.TO JUDGE dsn T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.34546 OF 2011 --------------------------------------- Dated this the 22nd day of December, 2011. J U D G M E N T The petitioner is working as Drawing Teacher under the 5th respondent Management. It is averred in the writ petition that the petitioner was initially appointed in a retirement vacancy from 30.06.2001 as per Ext.P1 order. 2. A reading of the averments in the writ petition will show that on various occasions, the petitioner had attempted to get the appointment approved but she has not succeeded so far. Finally, Ext.P10 order was passed by the District Educational Officer. The view taken therein is that there is no sanctioned post of Drawing in the School, as three specialist teachers (i.e. Physical Education Teacher, Music and Sewing) are working and the second post in Art group cannot be considered in the school. Aggrieved by Ext.P10 order, the petitioner has filed an appeal as per Ext.P11 before the 2nd respondent. W.P.(C) No.34546/2011 2 3. Learned counsel for the petitioner submitted that there is a retirement vacancy of a Specialist Teacher from 31.03.2011 which will support her case for approval. It is prayed that the Director of Public Instruction may be directed to take a decision on Ext.P11 within a time frame. I am not going into the merits of the matter since the appeal is pending before the Director of Public Instruction. There will be a direction to the Director of Public Instruction to take a decision on Ext.P11 appeal, after hearing the petitioner and the Manager, within a period of three months from the date of receipt of a copy of this judgment. The petitioner will produce a copy of this judgment along with a copy of the writ petition for compliance. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp