IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 16TH JUNE 2011 / 26TH JYAISHTA 1933 WP(C).No. 16201 of 2011(A) ----------------------------------------- PETITIONER(S): ------------------------ KIRUBA.P., D/O.PITCHAI, AGED 30 YEARS, DYMOCK ESTATE, DYMOCK.P.O., VANDIPERIYAR, IDUKKI, WORKING AS L.P.S.A.(TAMIL), LUTHERN L.P.S SCHOOL, DYMOCK, VANDIPERIYAR. BY ADVS. SRI.C.S.MANILAL, SRI.S.NIDHEESH. RESPONDENT(S): ---------------------------- 1. THE DIRECTOR OF PUBLIC INSTRUCTION, DIRECTORATE, TRIVANDRUM. 695 001. 2. THE DEPUTY DIRECTOR OF EDUCATION. IDUKKI AT THODUPUZHA. 685 584. 3. THE ASSISTANT EDUCATIONAL OFFICER, PEERMADE, IDUKKI DISTRICT. 685 531. 4. THE MANAGER, LUTHERN L.P.S, DYMOCK, VANDIPERIYAR, IDUKKI. 685 533. R1 TO R3 BY GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/06/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.16201/2011 A APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE APPOINTMENT ORDER OF THE PETITIONER. P2: COPY OF THE RELEVANT PORTION OF THE SERVICE BOOK. P3: COPY OF THE REQUEST OF THE MANAGER. P4: COPY OF THE RECOMMENDATION OF THE A.E.O. P5: COPY OF THE REPORT DTD. 19/11/08. P6: COPY OF THE REQUEST OF THE PETITIONER DTD. 15/08/09. P7: COPY OF THE JUDGMENT DTD. 28/01/2010. P8: COPY OF THE ORDER OF THE DPI DTD. 12/05/2010. P9: COPY OF THE REQUEST DTD. 30/10/2010. P10: COPY OF THE ORDER DTD.1/11/2010. P11: COPY OF THE REQUEST DTD. 13/09/2010. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.16201/2011-A ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 16th day of June, 2011 J U D G M E N T The petitioner is working as Lower Primary School Assistant (Tamil) in Luthern L.P.School, Vandiperiyar, Idukki. She has approached this Court seeking for a direction to the first respondent to consider and pass orders on Ext.P11 representation which is stated to be pending from September, 2010. 2. It is the case of the petitioner that her appointment was made in a regular vacancy of Lower Primary School Assistant (Tamil) on 01/04/2005, on account of retirement of one Shri A.Jothinayagam who was the Headmaster. The same was approved as evident from Exts.P1 and P2. 3. In the vacancy to the post of Headmaster, the Manager appointed one Shri G.Suresh whose promotion was challenged at the instance of another senior teacher and it is stated that the appeal was allowed cancelling his promotion. According to the petitioner, this created a confusion with regard to the adjustment of W.P.(C). No.16201/2011 -:2:- the vacancy and the petitioner was wrongly shown as appointed in the vacancy of Shri G.Suresh. According to the petitioner, cancellation of appointment of Shri G.Suresh was effected in 2008 March and the petitioner was given salary only till March, 2008. The matter was taken up by the petitioner before various authorities and finally, by Ext.P8 a direction was given to approve the period from March, 2008 with a further direction to disburse salary. According to the petitioner, she is entitled to count service for all purposes from 19/09/2005 including due increments and continuity of service, and seeking for the said benefits she approached the Assistant Educational Officer as per Ext.P9. The same was returned by Ext.P10 communication stating that no specific order has been issued by the Director of Public Instruction in respect of continuity of service from 19/05/2005. Thereafter, she has approached the Director of Public Instruction as per Ext.P11 for issuing direction afresh. 4. Heard the learned counsel for the petitioner and the learned Government Pleader. The petitioner is W.P.(C). No.16201/2011 -:3:- relying upon Ext.P5 report to show that the petitioner was actually appointed in the vacancy consequent on the retirement of Shri A.Jothinayagam. All these are matters for the Director of Public Instruction to consider. 5. There will be a direction to the first respondent to take a decision on Ext.P11 after hearing the petitioner and the Manager within 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 first respondent for compliance. The writ petition is disposed of as above. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms