IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 17TH AUGUST 2011 / 26TH SRAVANA 1933 WP(C).No. 16845 of 2010(E) ---------------------------------- PETITIONER(S): -------------------- AJANTHA K., (UPSA.,LUTHERAN HIGH SCHOOL, SOUTH ARYAD, ALAPPUZHA),RESIDING AT N.K.R.BHAVAN, KALAYIL, NARANI, KUNNATHUKAL P.O., NEYYATTINKARA. BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENT(S): --------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, GENERAL EDUCATIONAL DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANTHAPURAM. 3. THE DISTRICT EDUCATION OFFICER,ALAPUZHA. 4. THE MANAGER,CORPORATE MANAGEMENT OF LUTHERAN SCHOOL,INDIA EVAGELICAL LUTHERAN CHURCH, PERRORKADA, THIRUVANANTHAPURAM - 695 005. 5. LUTHERAN HIGH SCHOOL,SOUTH ARYAD, ALAPPUZHA-688542, REPRESENTED BY ITS HEAD MASTER. 6. SMT.O.BEENA,UPSA.,LUTHERAN HIGH SCHOOL, SOUTH ARYAD, ALAPPUZHA - 688 542. * ADDL. R7 IMPLEADED 7. REV.C.H.ALFRED, MANAGER,CORPORATE MANAGEMENT OF LUTHERAN SCHOOLS, INDIA EVANGELICAL LUTHERAN CHURCH, PEROORKADA P.O., THIRUVANANTHAPURAM-695 005. * ADDL. R7 IS IMPLEADED AS PER ORDER DATED 02/02/2011 IN I.A. NO.1621/2011. R1 TO R3 BY GOVT.PLEADER SMT.NISHA BOSE R4 BY ADV. SRI.D.KISHORE R7 BY ADV. SRI.C.A.CHACKO THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 16845/2010 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE APPOINTMENT ORDER DATED 07/06/2006 ISSUED BY THE 4TH RESPONDENT. P2: COPY OF THE ORDER DATED 09/11/2007 OF THE 3RD RESPONDENT. P3: COPY OF THE ORDER DATED 08/08/2008 OF THE 2ND RESPONDENT. P4: COPY OF THE ORDER DATED 30/01/2009 OF THE 1ST RESPONDENT. P5: COPY OF THE JUDGMENT DATED 01/07/2008 IN W.A.NO. 2686/2007 OF THIS HONOURABLE COURT. P6: COPY OF THE QUESTIONNAIRE RAISED BY THE MLA AND THE ANSWER GIVEN BY THE MINISTER. P7: COPY OF THE REPRESENTATION DATED 20/06/2009 GIVEN BY THE PETITIONER TO THE MINISTER FOR EDUCATION. P8: COPY OF THE QUESTIONNAIRE AND THE ANSWER GIVEN BY THE MINISTER. P9: COPY OF THE INFORMATION OBTAINED BY REV.C.H.ALFRED, THEN MANAGER WHO APPOINTED THE PETITIONER UNDER RIGHT TO INFORMATION ACT DATED 18/05/2010 FROM THE 5TH RESPONDENT. P10: COPY OF THE PROCEEDINGS OF THE 4TH RESPONDENT MANAGER DATED 28/06/2010. P11: COPY OF THE PROCEEDINGS DATED 30/05/2011 AND CONSEQUENTIAL ORDER DATED 01/06/2011 ISSUED BY THE 7TH RESPONDENT. RESPONDENT'S EXHIBITS: R4(a):COPY OF THE ORDER DATED 10/03/2005 IN WPC.NO.7848/2005 OF THIS HONOURABLE COURT. R4(b):COPY OF THE ORDER DATED 02/06/2005 IN WPC.NO.7848/2005 R4(c):COPY OF THE ORDER DATED 22/02/2010 IN SLP (C) 26379/2008 OF SUPREME COURT OF INDIA. R4(d):COPY OF THE ORDER NO.38/2007 DATED 31/05/2007 OF 4TH RESPONDENT. R4(e):COPY OF THE ORDER NO.39/2007 DATED 04/06/2007 OF THE HEADMASTER OF THE SCHOOL. R4(f):COPY OF THE ORDER NO.B3-2968/07 DATED 09/11/2007 OF THE 3RD RESPONDENT. R4(g):COPY OF THE APPEAL MEMORANDUM SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT ON 04/02/2008. R4(h):COPY OF JUDGMENT DATED 26/02/2008 IN WPC.NO.6646/2008 OF THIS HONOURABLE COURT. /TRUE COPY/ P.A. TO JUDGE. svs T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.16845/2010-E ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 17 th day of August, 2011 J U D G M E N T The main grievance raised by the petitioner is with regard to the non approval of the appointment of the petitioner. The petitioner who is a Post Graduate with B.Ed. was appointed as an Upper Primary Schoo1 Assistant from 07/06/2006 in a promotion vacancy of Smt.Asha K.. The appointment was made by the then Manager, Rev. C.H.Alfred. It appears that there was a dispute regarding the managership of the schoo1s under the Educational Agency. One Rev.Vijayakumar challenged the approval of Rev.C.H.Alfred as Manager which was allowed by the Government by order dated 02/02/2007. After Rev.Vijayakumar assumed charge as Manager, the petitioner was terminated on 04/06/2007. The dispute regarding Managership was pending before different forums and now, the present Manager is Rev.C.H.Alfred. 2. During the pendency of the writ petition, the petitioner has been reinstated in service as evident from Ext.P11 order produced along with W.P.(C). No.16845/2010 -:2:- I.A.No.13378/2011. The reinstatement is with effect from 01/06/2011. 3. Heard the learned counsel for the petitioner, learned counsel appearing for the present Manager who is the additional seventh respondent and the learned counsel representing the fourth respondent. It is submitted that what survives is the consideration of Ext.P7 representation filed by the petitioner which is stated to be pending before the Government. 4. It is upto the Government to take a decision in the matter after hearing the petitioner and the Manager within a period of five months from the date of receipt of a copy of this Judgment. All the legal contentions are left open. The competent Educational Authority will consider the grant of approval and appropriate orders will be passed within a period of two months. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms