IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 24TH FEBRUARY 2009 / 5TH PHALGUNA 1930 WP(C).No. 3178 of 2009(C) ------------------------------------ PETITIONER(S): ---------------------- ANITHA.V.V, H.S.A(NATURAL SCIENCE), T.I.H.S.S.NAIMERMOOLA,KASARAGOD DISTRICT. BY ADVS. MR.KALEESWARAM RAJ MR. GOKUL R.NAIR RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT DEPARTMENT OF GENERAL EDUCATION,SECRETARIAT,THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, KASARAGOD. 4. THE DISTRICT EDUCATIONAL OFFICER, KASARAGOD. 5. VIDYALAKSHMI, H.S.A(NATURAL SCIENCE), T.I.H.S.S.NAIMERMOOLA, P.O.VIDYANAGAR, KASARAGOD DISTRICT. 6. SHYNA.K, H.S.A(PHYSICAL SCIENCE), T.I.H.S.S.NAIMERMOOLA, P.O.VIDYANAGAR,KASARAGOD DISTRICT. 7. THE MANAGER, T.I.H.S.S.NAIMERMOOLA, P.O.VIDYANAGAR, KASARAGOD DISTRICT,KASARAGOD DIST. GOVERNMENT PLEADER MR.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ====================================== W.P.(C)No.3178 of 2009 ====================================== Dated this the 24th day of February 2009 JUDGMENT The petitioner is presently working as High School Assistant (Natural Science) in the 7th respondent's school. The petitioner had earlier approved service as Upper Primary School Assistant in the school. A vacancy of High School Assistant (Natural Science) arose in the school on 1.6.2005. The Manager did not appoint the petitioner, but appointed another person who did not possess the qualification. The petitioner represented before the authorities and ultimately by Ext.P12 order passed on 22.12.2008, the Director of Public Instruction directed that the petitioner's appointment shall be approved with effect from 4.6.2007. Aggrieved by Ext.P12 to the extent it limits the approval with effect from 4.6.2007, the petitioner has filed Ext.P14 representation before the Secretary to Government, General Education Department. The Manager of the school has also filed Ext.P13 representation before the Government. The petitioner submits that as the vacancy arose on 1.6.2005, her appointment ought to have been approved with effect from that date. The learned counsel for the petitioner submits that as the petitioner and the Manager have in Exts.P13 and P14 representations moved the Government seeking approval with effect from 1.6.2005, without finally pronouncing upon the merits of the W.P.9C)No.3178 of 2009 2 petitioner's claims and contentions, this Writ Petition may be disposed of with a direction to the Secretary to Government, General Education Department to consider Exts.P13 and P14 representations by treating them as revision petitions filed under Rule 92 of Chapter 14A of the Kerala Education Rules and pass orders thereon expeditiously and within a time limit to be fixed by this Court. 2. The Director of Public Instruction has in Ext.P12 directed the District Educational Officer to approve the petitioner's appointment as High School Assistant with effect from 4.6.2007. Whether the petitioner's appointment is liable to be approved with effect from an earlier date, is a matter for the Government to decide since the petitioner has already moved the Government in that regard. In these circumstances, without expressing any opinion on the merits of the petitioner's claims and contentions, I dispose of this Writ Petition with a direction to the Secretary to Government, General Education Department to consider Exts.P13 and P14 representations by treating them as revision petitions filed under Rule 92 of Chapter 14 of the Kerala Education Rules and pass orders thereon, after affording the petitioner, the Manager and respondents 5 and 6 herein an opportunity of being heard. Final orders in the matter shall be passed within four W.P.9C)No.3178 of 2009 3 months from the date on which the petitioner produces a certified copy of this judgment. The Writ Petition is disposed of as above. No costs. P.N.RAVINDRAN, JUDGE css/