IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 21ST MARCH 2011 / 30TH PHALGUNA 1932 WP(C).No. 31514 of 2010(L) -------------------------- PETITIONER: ------------------ MARY CRUZ S., KADAVIL HOUSE, KUMBALAM P.O., ERNAKULAM DISTRICT, WORKING AS LPSA, ST.MARY'S U.P.S., KUMBALAM. BY ADVS. SRI.J.JULIAN XAVIER SRI.FIROZ K.ROBIN RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION(L) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. PIN 695001. 2. DISTRICT EDUCATIONAL OFFICER, ERNAKULAM, KAKKANAD P.O. -682030. 3. ASSISTANT EDUCATIONAL OFFICER, ERNAKULAM, KAKKANAD P.O. PIN-683030. 4. THE MANAGER, ST.MARY'S UPS., KUMBALAM P.O. ERNAKULAM DIST., PIN-682506. BY GOVERNMENT PLEADER SMT.M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 31514 of 2010(L) ------------------------------------- APPENDIX --------------- PETITIONER'S EXHIBITS ------------------------------------ EXT.P1. COPY OF THE APPOINTMENT ORDER DATED 5.6.2007 EXT.P2. COPY OF THE STAFF FIXATION ORDER FOR THE YEAR 2007-2008 EXT.P3. COPY OF THE APPROVED LIST STAFF OF THE PETITIONER'S SCHOOL DURING 2006-2007 EXT.P4. COPY OF THE ORDER DATED 23.2.2008 ISSUED BY THE 3RD RESPONDENT. EXT.P5. COPY OF THE STAFF FIXATION ORDER FOR THE YEAR 2006-2007 EXT.P6. COPY OF THE ORDER DATED 30.3.2009 ISSUED BY THE 2ND RESPONDENT' EXT.P7. COPY OF THE G.O. (P) NO.169/2004 GEN. EDN. DATED 15.6.2004. EXT.P8. COPY OF THE LETTER DATED 30.10.2009 ISSUED BY THE 1ST RESPONDENT. EXT.P9. COPY OF THE JUDGMENT DATED 21.11.2007 IN WP(C) NO.31629/2009 EXT.P10 COPY OF THE ORDER DATED 19.3.2008. EXT.P11. COPY OF THE JUDGMENT DATED 29.5.2008 IN WP(C) NO.13655/2008 EXT.P12. COPY OF THE LETTER DATED 15.7.2010 ISSUED BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT. EXT.P13. COPY OF THE G.O. (P) NO. 104/2008 GEN EDN. DATED 10 .6 .2008 ISSUED BY THE 1ST RESPONDENT. EXT.P14. COPY OF THE JUDGMENT IN W.P.(C) NO.2563/2009 AND CONNECTED CASES. EXT.P15. COPY OF THE G.O. DATED 26.2.2011 ISSUED BY THE 1ST RESPODENT. RESPONDENT'S EXHIBITS : NIL --------------------------------------- / TRUE CPY / P.A. TO JUDGE VK T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.31514 OF 2010 --------------------------------------- Dated this the 21th day of March, 2011. J U D G M E N T The petitioner was appointed as per Ext.P1 order as LPSA in St.Mary's UPS, Kumbalam on 05.06.2007. This writ petition is filed challenging the orders passed on the application for approval and in the appeal. 2. It is the case of the petitioner that the District Educational Officer disposed of the matter as per Ext.P6 with a direction to the Assistant Educational Officer to approve the appointment as LPSA from 05.06.2007 onwards. But, the Assistant Educational Officer as per Ext.P12 informed the Manager that the appointment can be approved from 05.06.2007 to 31.03.2008 on daily wage basis and from 01.06.2009 on regular basis and to produce an appointment order accordingly. 3. It is submitted by the learned counsel for the petitioner that actually the date is 01.06.2008. The above order was passed by the Assistant Educational Officer in the light of the W.P.(C) No.31514/2010 2 Government Order No.169/04. Learned counsel for the petitioner has produced along with I.A.No.4892/2011 a recent order passed by the Government as per G.O.(P)No.56/11/G.Edn. dated 26.02.2011 modifying the Government Orders namely, G.O.(P) No.169/04/G.Edn. Dated 15.06.2004 and G.O.(P) No.104/08/ G.Edn. Dated 10.06.2008. It is prayed that the Assistant Educational Officer may be directed to consider the above Government Orders and pass appropriate orders in the matter. Therefore, this writ petition is disposed of directing the Assistant Educational Officer namely, 3rd respondent to pass appropriate orders after considering Ext.P15 order passed by the Government dated 26.02.2011 within a period of six weeks from the date of receipt of a copy of this judgment. The petitioner will produce a copy of this judgment along with a copy of the writ petition before the Assistant Educational Officer for compliance. The orders will be passed after hearing the petitioner and the Manager. T.R. RAMACHANDRAN NAIR JUDGE smp