IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 12TH JULY 2011 / 21ST ASHADHA 1933 WP(C).No. 18815 of 2011(B) -------------------------- PETITIONER(S): --------------- K.V. PREETHA, WIFE OF E.V. BALAGOPALAN, AGED 42 YEARS, LOWER PRIMARY SCHOOL ASSISTANT (UNAPPROVED), CHELERI A U P SCHOOL, P.O.CHELERI- 670604, KANNUR DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, GENERAL EDUCATION(P) DEPT. GOVERNMENT SECRETARIAT ANNEX, THIRUVANANTHAPURAM-695001. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM-695014. 3. THE ASSISTANT EDUCATIONAL OFFICER, TALIPARAMBA SOUTH,P.O.MAYYIL-670602, KANNUR DISTRICT. BY GOVT.PLEADER SHRI V.VIJULAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.18815/11 PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE ORDER OF APPOINTMENT OF THE PETITIONER DT.22.6.94. EXT.P2 : COPY OF THE ORDER OF APPOINTMENT OF THE PETITIONER DT.14.9.98. EXT.P3 : COPY OF THE ORDER OF APPOINTMENT OF THE PETITIONER DT.20.9.2000. EXT.P4 : COPY OF THE ORDER OF APPOINTMENT OF THE PETITIONER DT. 4.1.01. EXT.P5 : COPY OF THE ORDER OF APPOINTMENT OF THE PETITIONER DT.11.6.01. EXT.P6 : COPY OF THE ORDER OF APPOINTMENT OF THE PETITIONER DT.1.6.07. EXT.P7 : COPY OF THE ORDER OF APPOINTMENT OF THE PETITIONER DT.1.6.11. EXT.P8 : COPY OF THE GO(P)NO.10/10/G.EDN. OF THE GOVERNMENT DT.12.1.10. EXT.P9 : COPY OF THE REVISION PETITION FILED BEFORE THE GOVERNMENT DT.16.6.11. RESPONDENT'S EXHIBITS:NIL //TRUE COPY// P.A. TO JUDGE dsn T.R.RAMACHANDRAN NAIR, J. ------------------------------------- W.P.(C)No.18815 Of 2011 -------------------------------------------------- DATED THIS THE 12TH DAY OF JULY, 2011 J U D G M E N T The petitioner is working as Lower Primary School Assistant in the Cheleri AUP School, Kannur District. 2. The regular appointment of the petitioner is from 1.6.2010 onwards and the copy of the appointment order is produced as Exhibit P7. But, prior to that date, she had worked in short term leave vacancies for different periods and all the appointments have been approved also and the copies of the orders have been produced as Exhibits P1 to P6. 3. It is pointed out that the petitioner was appointed regularly in an additional division vacancy and the ban order issued by the Government as per G.O.(P).No.317/2005/G.Edn. dated 17.8.2005 has already been lifted by Exhibit P8 order. The grievance raised in the Writ Petition is that in spite of the same, the Assistant Educational Officer is not passing any orders in the matter. It is also submitted that the petitioner is a claimant under Rule 51A of Chapter XIV-A KER. W.P.(C)No.18815/11 -2- 4. Even though one of the prayers is for a disposal of Exhibit P9 revision filed before the Government, as the Assistant Educational Officer is yet to pass an order in terms of the Rules with regard to the approval of appointment, it is only proper that the Assistant Educational Officer itself is directed to pass appropriate orders on the proposal submitted by the Manager for approval of appointment of the petitioner. Exhibit P7 is the appointment order. The Assistant Educational Officer will pass appropriate orders and communicate the decision to the petitioner within one month from the date of receipt of a copy of this judgment. The petitioner will produce a copy of the Writ Petition along with a certified copy of this judgment to the 3rd respondent-Assistant Educational Officer for compliance. The Writ Petition is disposed of as above. SD/- (T.R.RAMACHANDRAN NAIR, JUDGE) dsn