IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 9TH JANUARY 2009 / 19TH POUSHA 1930 WP(C).No. 916 of 2009(H) ------------------------ PETITIONER: --------------- M.T.RAIHANATH, W/O.KHALID, AGED 32 YEARS, LOWER GRADE ARABIC TEACHER, A.M.M.L.P. SCHOOL, PULIKKAL 673 637, KONDOTTY SUB DISTRICT, MALAPPURAM DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.T.V.VIJAYARAJAN RESPONDENTS: --------------- 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, TRIVANDRUM-14. 3. THE DISTRICT EDUCATIONAL OFFICER, MALAPPURAM DISTRICT. 4. THE ASSISTANT EDUCATIONAL OFFICER, KONDOTTY, MALAPPURAM DISTRICT. 5. THE MANAGER, A.M.L.P. SCHOOL, PULIKKAL 673 637, KONDOTTY SUB DISTRICT, MALAPPURAM DISTRICT. BY GOVT. PLEADER SHRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ---------------------------------------------- W.P(C) No.916 of 2009-H --------------------------------------------- Dated this the 9th January, 2009. J U D G M E N T The petitioner was appointed as Lower Grade Arabic Teacher for different spells from 16.3.1993 to 26.2.2004. Those appointments were approved. The petitioner states that she had a claim under Rule 51-A of Chapter XIV-A of the Kerala Education Rules. The Manager appointed the petitioner as Lower Grade Arabic Teacher from 1.6.2005, as per Ext.P1 against a regular vacancy. The Manager forwarded the necessary papers to the Assistant Educational Officer for approval of the appointment. 2. The grievance of the petitioner is that even after a lapse of 3 ½ years, the Assistant Educational Officer has not passed any order either approving the appointment or rejecting the proposal. The petitioner relies on Rule 8(2) of Chapter XIV-A of the Kerala Education Rules which provides that the Educational Officers on receipt of the appointment order and other records may approve the appointment if it is in accordance with the provisions of the Act, the Rules and the orders issued by the Government or the Director from time to time. Sub Rule (2) of Rule 8 mandates that the approval shall W.P(C) No.916 of 2009-H : 2 : be given as expeditiously as possible and at any rate not later than 30 days from the date of receipt of the appointment order and the relevant documents. The petitioner also relies the decision in 2000 (1) KLT SN 28 (Case No.31), wherein it was held that “a teacher cannot be made to suffer on account of the long delay in passing appropriate orders due to the wilful negligence on the part of the District Educational Officer.” The petitioner also relies on Ext.P3 Government order (G.O(Rt) 737/91/G.Edn. dated 8.3.1991) wherein it is stated thus: “Regarding approval of appointments of Teachers/Non Teaching staff, the Assistant Educational Officers and District Educational Officers who are the Controlling Officers shall pass final orders in each case within two months positively. If they fail to do so, the Deputy Director of Education should oversee and direct the Controlling Officer to grant provisional approval and payment of salary. He will take action against the persons who delayed the case, and award suitable punishment. If, when an officer concerned to grant approval, or an High Officer were to hold later that the appointment was irregular and cannot be approved, then the salary paid will be realised from the Controlling Educational Officer concerned who has granted the provisional approval.” 3. In the facts and circumstances mentioned above, there will be a direction to 4th respondent, Assistant Educational Officer, Kondotti, to consider the proposal for appointment of the petitioner as W.P(C) No.916 of 2009-H : 3 : per Ext.P1 and pass orders thereon within a period of 15 days from the date of receipt of a copy of the judgment. The petitioner shall produce the certified copy of the judgment and copy of the Writ Petition before the Assistant Educational Officer. The petitioner shall also send copy of the Writ Petition and a copy of the judgment to the 5th respondent, Manager, by registered post and shall produce proof of the same before the Assistant Educational Officer. The writ petition is disposed of as above. K.T.SANKARAN, JUDGE W.P(C) No.916 of 2009-H : 4 :