IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 6TH FEBRUARY 2009 / 17TH MAGHA 1930 WP(C).No. 3992 of 2009(A) ------------------------- PETITIONERS: --------------- 1. V.K. BIJU, S/O. V.M. KURIEN, AGED 30 YEARS, HIGH SCHOOL ASSISTANT (ENGLISH), NAROKAVU HIGH SCHOOL, KUNNUMMEL POTTY MALAPPURAM 679 331. 2. T.H. ABDULLA, S/O. HYDRU, AGED 29 YEARS HIGH SCHOOL ASSISTANT (ENGLISH), NAROKAVU HIGH SCHOOL,KUNNUMMEL POTTY, MALAPPURAM 679 331. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA SRI.M.SAJJAD RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC ISNTRUCTION JAGATHY, TRIVANDRUM-24. 3. THE DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM DISTRICT. 4. THE DISTRICT EDUCATIONAL OFFICER, WANDOOR, MALAPPURAM DIST. 5. THE MANAGER, NAROKAVU HIGH SCHOOL, KUNNUMMEL POTTY, MALAPPURAM 679 331. BY GOVT.PLEADER SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: HARUN-UL-RASHID, J. ---------------------------------------- W.P.(C).No. 3992 of 2009 ---------------------------------------- Dated this the 6th day of February , 2009 JUDGMENT Petitioners were appointed in the Narokavu High School Kunnummel Potty, which is an aided school, as High School Assistants ( English). Ext.P1 and P2 are the appointment orders. The Educational Officer declined approval to the appointments, stating that one protected teacher should be appointed in the said school Ext.P3 and P4 orders are passed by the District Educational officer. 2. Being aggrieved by the said orders the petitioners filed appeal before the Deputy Director of Education, Malappuram/Appellate authority. Ext.P3 and P4 orders are confirmed by the Appellate authority vide Ext.P5 and P6 orders. 3. Ext.P7 and P8 orders are the revisional orders passed by the Director of Public Instructions, Thiruvananthapuram. The Revision Authority also confirmed the appellate order. In effect the appointments of the petitioners stands unapproved till date. Thereafter the Deputy Director of Education, Malappuram intimated the petitioners that there are no protected teachers in the District in the category of High School Assistant (English). 4. The Manager of the said School has moved two separate Revision petitions before the Government seeking approval of Ext.P1and W.P.(C) No.3992 of 2009 -2- P2 appointment orders. Ext.P13 and P14 are the revision petitions pending before the Government. The only request of the counsel for the petitioners is for a speedy disposal of Ext.P13 and .P14 Therefore a direction is issued to the 1st respondent to consider and pass appropriate orders on Ext.P13 and P14 after affording an opportunity of being heard to the affected parties. The writ petition is disposed of as above. The matter shall be decided by the 1st respondent within a period of three months from the date of receipt of a copy of this judgment . The petitioners shall produce a copy of the judgment and writ petition before 1st respondent. (HARUN-UL-RASHID, JUDGE) es. HARUN-UL-RASHID, J. --------------------------- W.P.(C) 3992 of 2009 ---------------------------- JUDGMENT 6th February, 2009