IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 7TH APRIL 2009 / 17TH CHAITHRA 1931 WP(C).No. 11662 of 2009(C) --------------------------------------- PETITIONER: ------------------- T.V. SETHUMADHAVAN, HSA (MALAYALAM) FROM 29/10/2001 TO 26/05/2003 BROTHER'S HIGHER SECONDSRY SCHOOL, MAVANDIYUR, EDAYUR P.O., RESIDING AT THEKKEVEETTIL HOUSE, KAYANNABAZAR, PERAMBRA P.O. BY ADV. MR.R.KRISHNAKUMAR (CHERTHALA). RESPONDENTS: ------------------------ 1. THE MANAGER, BROTHER'S HIGHER SECONDARY SCHOOL, MAVANDIYUR, EDAYUR P.O. 2. THE DISTRICT EDUCATIONAL OFFICER, TIRUR. 3. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO THE GOVERNMENT GENERAL EDUCATION DEPARTMENT, SECRETRIAT, THIRUVANANTHAPURAM. R2 & R3 BY SR. GOVT. PLEADER MR. A.J. VARGHESE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/04/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.N.RAVINDRAN, J. ------------------------------------- W.P.(C).No.11662 of 2009 -------------------------------------- Dated 7th April, 2009 JUDGMENT Heard Sri.R.Krishnakumar, the learned counsel appearing for the petitioner and Sri.A.J.Varghese, the learned Government Pleader appearing for respondents 2 and 3. In the nature of the order that I propose to pass, it is not necessary to issue notice to or hear the first respondent. 2. The petitioner was appointed as High School Assistant (Malayalam) in the first respondent's school on the promotion of the incumbent as Higher Secondary School Teacher. The petitioner worked as H.S.A. (Malayalam) during the period from 29.10.2001 to 26.5.2003. That appointment was not approved by the subordinate educational officers. Ultimately by Ext.P2 order passed on 13.2.2008, the Government directed the District Educational Officer to approve the petitioner's appointment in Brother's Higher Secondary School, Mavandiyoor for the period he actually worked and to disburse salary, provided there is a vacancy to accommodate him as per rules. The petitioner's grievance is that though Ext.P2 Government order was passed on 13.2.2008, till date the District Educational Officer has not disbursed to him the salary and allowances for the period during which WP(C).No.11662/2009 2 he had worked as H.S.A. (Malayalam) in Brother's Higher Secondary School, Mavandiyoor. The learned Government Pleader appearing for the official respondents submits that if orders have not been passed till date, the District Educational Officer will pass consequential orders expeditiously. 3. Ext.P2 discloses that the Government have directed the District Educational Officer to approve the petitioner's appointment in Brother's Higher Secondary School for the period he actually worked and to disburse the salary and allowances provided there is a vacancy to accommodate him as per rules. Ext.P2 order was passed on 13.2.2008. More than one year has passed thereafter. I accordingly dispose of this writ petition with a direction to the District Educational Officer, to implement Ext.P2 order passed by the Government. Final orders in the matter shall be passed within six weeks from the date on which the petitioner produces a copy of this writ petition along with a certified copy of this judgment. If the District Educational Officer finds that the petitioner's appointment as H.S.A.(Malayalam) during the period from 29.10.2001 to 26.5.2003 can be approved, he shall also take necessary steps to draw and disburse to the petitioner arrears of the salary and allowances for the said period within two months from the date on which orders are passed approving the petitioner's WP(C).No.11662/2009 3 appointment. The District Educational Officer shall before passing orders as directed above, afford to the petitioner and the first respondent, a reasonable opportunity of being heard. P.N.RAVINDRAN Judge TKS