IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 11TH JUNE 2008 / 21ST JYAISHTA 1930 WP(C).No. 17354 of 2008(N) PETITIONER: M.S.BINI, W/O.SRI.K.P.PRASANTH, AGED 26 YEARS, UPPER PRIMARY SCHOOL ASSISTANT, ST.GEORGE HIGH SCHOOL, PUTTEKKARA, ANJUR P.O., MUNDUR 680549, TRICHUR DISTRICT RESIDING AT KOIATHENGATTE HOUSE, P.O.VELOOR, TRICHUR 680601. BY ADV. SRI.MILLU DANDAPANI RESPONDENTS: 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM-695001. 2. THE DISTRICT EDUCATION OFFICER, TRICHUR. 3. THE MANAGER, ST.GEORGE'S HIGH SCHOOL, PUTTEKKARA, ANJUR P.O., MUNDUR 680549, TRICHUR DISTRICT. BY SR.GOVERNMENT PLEADER SMT.T.B.REMANY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------------------- W.P.(C) NO. 17354 OF 2008 N -------------------------------------------- Dated this the 11th June, 2008 JUDGMENT In the manner in which I propose to dispose of the Writ Petition, I do not think that it is necessary to issue notice to the third respondent. Learned Government Pleader takes notice for respondent Nos.1 and 2. 2. The reliefs prayed for in the Writ Petition are the following: “(i) Issue a writ of Mandamus or any other appropriate writ or order or direction, commanding the third respondent to approve the appointment of the petitioner as Upper Primary School Assistant with effect from 25.07.2005. (ii) Issue a writ of Certiorari or any other appropriate writ or order or direction, quashing Ext.P5 to the extent it does not approve the appointment of petitioner with effect from 25.07.2005. (iii) Issue a writ of Mandamus or any other appropriate writ or order or direction, commanding the 1st respondent to consider and dispose of Ext.P6 representation within three weeks. (iv) Declare that petitioner is entitled to get her appointment approved as Upper Primary School Assistant with effect from 25.07.2005. (v) Issue such other appropriate writ or order or direction as deemed fit and proper by this Honourable Court on the facts and circumstances of the case.” 3. For the time being, the petitioner does not press for reliefs (i), (ii) and (iv). The petitioner confines her relief to relief (iii) and prays for a W.P.(C) NO.17354 OF 2008 :: 2 :: direction to the first respondent to consider and dispose of Ext.P6 representation. 4. Ext.P6 was submitted by the petitioner on 20.2.2008. In Ext.P6, she challenges the order, No.E.M.(1)/3743/2007 KDis dated 26.7.2007, passed by the Director of Public Instructions, Thiruvananthapuram. The grievance of the petitioner is that her appointment was approved only with effect from 4.6.2007, whereas her appointment is to be approved with effect from 25.7.2005. Learned Government Pleader submitted that Ext.P5 appointment order itself makes it clear that the petitioner was appointed with effect from 4.6.2007. Learned counsel for the petitioner submitted that that itself is the grievance of the petitioner. 5. Since a direction is issued to the first respondent to dispose of Ext.P6, I do not think that it is necessary to resolve the dispute in this Writ Petition. The first respondent shall consider all the aspects of the case and dispose of Ext.P6 representation expeditiously and, at any rate, within three months, after affording an opportunity of being heard to the petitioner. Needless to say that the first respondent shall pass a speaking order and the contentions put forward by the petitioner shall be dealt with. W.P.(C) NO.17354 OF 2008 :: 3 :: Since notice is not issued to the third respondent, the petitioner shall send a copy of this judgment to the third respondent by registered post and produce proof of the same before Ext.P6 is considered by the first respondent. (K.T.SANKARAN) Judge ahz/