IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 19TH NOVEMBER 2010 / 28TH KARTHIKA 1932 WP(C).No. 34161 of 2010(U) ----------------------------------------- PETITIONER(S): ------------------------ P.LEELAVATHY ANTHARJANAM, W/O.NARAYANAN ADIKAL,CHEMPAKASERY MADHOM,SOORANAD, HEDMISTRESS,DEVASWOM BOARD HIGHER SECONDARY SCHOOL, THIRUVALLA. BY ADV. SRI.T.A.RAJAN RESPONDENT(S): ---------------------------- 1. THE STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION(N), GOVERMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2. THE DEPUTY DIRECTOR (EDUCATION), O/O.THE DEPUTY DIRECTOR(EDUCATION) PATHANAMTHITTA AT THIRUVALLA, pin - 689 101. 3. THE DISTRICT EDUCATIONAL OFFICER, O/O.THE DISTRICT EDUCATIONAL OFFICER, THIRUVALLA- 689 101. 4. THE CORPORATE MANAGER, TRAVANCORE DEVASWOM BOARD, SCHOOLS/SECRETARY, TRAVANCORE DEVASWOM BOARD, DEVASOM BUILDINGS, NANDHANKODE, THIRUVANANTHAPURAM - 695 001. R1 TO R3 BY GOVERNMENT PLEADER SMT. NISHA BOSE R4 BY ADV. SRI.K.N.VENUGOPALA PANICKER, SC, TDB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/11/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss K.T.SANKARAN, J. ------------------------------ W.P.(C).No.34161 OF 2010 ------------------------------ Dated this the 19 th day of November, 2010 JUDGMENT The petitioner, while working as HSA (Maths) in Devaswom Board High School, Thrikariyoor, was promoted and posted as Headmistress in Devaswom Board Higher Secondary School, Thiruvalla, as per Ext.P1 proceedings dated 30.3.2010, issued by the Manager. The petitioner was promoted and posted in the retirement vacancy of one Rajasekharan Pillai. It is stated that the petitioner joined duty as Headmistress on 31.3.2010. The Manager forwarded the proposal for approval of appointment of the petitioner and four others as Headmaster/ Headmistress. The District Educational Officer rejected the proposal for approval, as per Ext.P3 order dated 16.9.2010. The promotion and posting of the petitioner was not approved on the following grounds: W.P.(C).No.34161 OF 2010 2 “1. Approved seniority list of HSA's under the educational agency hasn't produced by the Manager. 2. The authority of declaration filed by the Manager is not admissible since the proof for approval of change of Management is still unavailable.” 2. Challenging Ext.P3, the petitioner filed Ext.P7 appeal before the Deputy Director of Education . The Manager has also filed an appeal before the Deputy Director of Education, which is marked as Ext.P8. 3. The learned counsel for the petitioner submitted that in view of G.O.(MS) No.258/90/G.Edn. dated 15.12.1990, it is sufficient that a declaration is filed by the Manager and it is not necessary that the approved seniority list should be produced. In the present case, such a declaration was produced by the Manager. The petitioner also relies on Ext.P5 order dated 9.8.1990 passed by the Director of Public Instruction, wherein, it is stated that the W.P.(C).No.34161 OF 2010 3 Secretary of the Travancore Devaswom Board is the Manager of the Schools under the Board, and that the formalities in approving the appointment of a Manager need not be observed since the appointment is “automatic”. The petitioner also relies on Ext.P9 judgment in WP(C) No.31643 of 2010 passed in a similar case, in which of course, the question of appointment of Full Time Menial was involved. 4. The reliefs prayed for in the Writ Petition are the following: i). Call for the records leading to the issue of Ext.P3 order and quash the same by issuance of a writ of certiorari or any other appropriate writ, order or direction. ii). Issue a writ of mandamus or any other appropriate writ, order or direction directing the 3rd respondent to approve the appointment of the petitioner as Headmistress D.B.H.S.S.Thiruvalla and also direct to disburse arrears of salary from 1.4.2010 with 9% interest without further delay. iii). Issue writ of mandamus or any other appropriate writ, order or direction directing the second respondent to consider and dispose of Ext.P7 appeal at the earliest. W.P.(C).No.34161 OF 2010 4 vi). Grant such other further relief's as this Hon'ble Court may deem fit, just and proper in the facts and circumstances of the case.” 5. In view of pendency of Exts.P7 and P8 appeals before the Deputy Director of Education, it is submitted by the learned counsel for the petitioner that for the time being, it would be sufficient, if a direction is issued to the Deputy Director of Education to dispose of appeals expeditiously, placing reliance on G.O.(MS) No.258/90/G.Edn. dated 15.12.1990, Ext.P5 order passed by the Director of Public Instruction and Ext.P9 judgment passed by this court. Accordingly, the Writ Petition is disposed of as follows: The Deputy Director of Education shall consider and dispose of Exts.P7 and P8 appeals filed by the petitioner and the Manager respectively, as W.P.(C).No.34161 OF 2010 5 expeditiously as possible and at any rate within a period of one month from the date of receipt of a copy of the judgment, after affording an opportunity of being heard to the petitioner and the Manager. The Deputy Director of Education shall take note of G.O.(MS) No.258/90/G.Edn. dated 15.12.1990, Ext.P5 order dated 9.8.1990 passed by the Director of Public Instruction and Ext.P9 judgment in WP(C) No.31643 of 2010. The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the Deputy Director of Education. K.T.SANKARAN, JUDGE cms