IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 3RD JUNE 2008 / 13TH JYAISHTA 1930 WP(C).No. 12126 of 2008(R) -------------------------- PETITIONER: ------------ THE MANAGER, PARIPPU H.S. & L.P.S., PARIPPU P.O., KOTTAYAM 686 024. BY ADV. SRI.MATHEW JOHN (K) SRI.AJEESH K.SASI RESPONDENTS: ------------- 1. THE DISTRICT EDUCATION OFFICER, KOTTAYAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, KOTTAYAM. 3. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. BY G.P. SHRI T.B.REMANY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE FORWARDING LETTER DATED 8.6.2007 EXT.P2 TRUE COPY OF THE ORDER DATED 22.11.2007 EXT.P3 TRUE COPY OF THE MEMORANDUM OF APPEAL EXT.P4 TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT DATED 28.1.2008 EXT.P5 TRUE COPY OF THE REVISION MEMORANDUM DATED 11.2.2008 EXT.P6 TRUE COPY OF THE PROCEEDINGS OF THE 3RD RESPONDENT DATED 13.3.2008 //TRUE COPY// K.T. SANKARAN,J.. -------------------------------------- W.P.(C) No.12126 of 2008 R -------------------------------------- Dated this the 3rd day of June, 2008. J U D G M E N T The petitioner is the Manager of Parippu H.S. and L.P. School, Parippu, Kottayam. According to the petitioner, a post of HSA (Physical Science) arose with effect from 1.6.2007 on account of the promotion of Smt. Geetha V.Nair as Headmistress with effect from 1.4.2007. The petitioner appointed Smt.Nishamol S. as HSA. The petitioner, as per letter dated 8.6.2007 forwarded the order for approval to the District Educational Officer, Kottayam. The District Educational Officer rejected the proposal as per Ext.P2 order dated 22.11.2007. The petitioner filed Ext.P3 appeal dated 15.12.2007 before the Deputy Director of Education, Kottayam, challenging the order of the District Educational Officer. The Deputy Director of Education dismissed the appeal as per Ext.P4 order dated 28.1.2008 on the ground that the appeal was not filed within the time. The petitioner challenged Ext.P4 order in Ext.P5 revision dated 11.2.2008 before the Director of Public Instruction. The Director of Public Instruction allowed the revision as per Ext.P6 order dated 13.3.2008. The operative portion of Ext.P6 order dated 13.3.2008 reads as follows: “In the circumstances the appeal of the Manager to approve the appointment of Smt. Nishamol. S as HSA (P.S) with effect from 1/6/07 is allowed. The 2 District Educational Officer is directed to approve the appointment if it is otherwise in order.” The grievance of the petitioner is that in spite of the specific direction in Ext.P6, the District Educational Officer has not passed any order so far. 2. Heard the learned Government Pleader. 3. The Government Pleader has no objection in directing the District Educational Officer to pass appropriate orders provided Ext.P6 order dated 13.3.2008 is in force now. Accordingly, the Writ Petition is disposed of directing the District Educational Officer, Kottayam, to implement Ext.P6 order dated 13.3.2008 passed by the Director of Public Instruction, provided Ext.P6 order has become final. The District Educational Officer shall pass appropriate orders as expeditiously as possible and at any rate within a period of two months. K.T. SANKARAN, JUDGE. cks