IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 27TH JULY 2011 / 5TH SRAVANA 1933 WP(C).No. 18413 of 2011(B) -------------------------- PETITIONER(S): ---------------------- LAKSHMI BOSE, D/O.CHANDRABOSE, HSA(ENGLISH), SNDP HSS, UDAYAMPEROOR, ERNAKULAM DISTRICT, NOW WORKING AS (HSA), ENGLISH NEERAVIL, KOLLAM. BY ADV. SRI.JOHNSON GOMEZ SRI.S.BIJU (KIZHAKKANELA) RESPONDENT(S): ----------------------- 1. THE STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTIONS, THYCAUD, THIRUVANANTHAPURAM-695014. 3. THE DEPUTY DIRECTOR OF EDUCATION, ERNAKULAM-682030. 4. THE DISTRICT EDUCATIONAL OFFICER, ERNAKULAM-682030. 5. THE GENERAL MANAGER, CORPORATE MANAGEMENT OF SNDP YOGAM SCHOOL, P.B.NO.512, KOLLAM-691001. GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: dmb WP(C).No. 18413 of 2011 APPENDIX PETITIONER'S EXHIBITS:- EXT.P1:- COPY OF THE GO (RT.) NO.4026/04/G.EDN DTD 15.09.2004 ISSUED BY THE FIRST RESPONDENT EXT.P2:- COPY OF THE ORDER NO.E.369/06 DTD 27.07.2006 ISSUED BY THE 5TH RESPONDENT EXT.P3:- COPY OF THE LETTER NO.B1-8340/06 DTD 05.12.2006 ISSUED BY THE 4TH RESPONDENT EXT.P4:- COPY OF THE ORDER NO.B2/2507/07 DTD 28.07.2007 ISSUED BY THE 3RD RESPONDENT EXT.P5:- COPY OF THE APPOINTMENT ORDER NO.E369/06 DTD 30.01.2007 ISSUED BY THE 5TH RESPONDENT AS APPROVED BY THE 4TH RESPONDENT EXT.P6:- COPY OF THE ORDER NO.E.173/2007 DTD 01.06.2007 AS APPROVED BY THE 4TH RESPONDENT EXT.P7:- COPY OF THE REVISION PETITION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DTD 22.05.2009 EXT.P8:- COPY OF THE JUDGMENT DTD 12.08.2009 IN W.P.(C)NO.23019/2009 PASSED BY THIS HON'BLE COURT EXT.P9:- COPY OF THE ORDER NO.EC3/62278/09/DPI/K.DIS. DTD 20.11.2009 PASSED BY THE 2ND RESPONDENT EXT.P10:- COPY OF THE G.O(P) NO.56/11/GI.EDN. DTD 26.02.2011 ISSUED BY THE 1ST RESPONDENT EXT.P11:- COPY OF THE REPRESENTATION DTD 01.07.2011 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT EXT.P12:- COPY OF THE REVISION PETITION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DTD 15.07.2011 RESPONDENTS' EXHIBITS:- NIL //TRUE COPY// P.A TO JUDGE T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.18413 OF 2011 --------------------------------------- Dated this the 27th day of July, 2011. J U D G M E N T The petitioner herein is working as High School Assistant (English) in SNDP HSS, Neeravil in Kollam District. The school is under the management of the 5th respondent. The main prayer in the writ petition is for a declaration that the petitioner's appointment as H.S.A (English) in SNDP HSS, Udayamperoor with effect from 27.07.2006 to 31.08.2009 against the leave vacancy of Smt.Ajitha.S.Panicker for five years from 01.09.2004 to 31.08.2009 is liable to be approved on regular basis in the light of Ext.P10 clarification issued by the Government, and for other consequential benefits. The facts of the case show the following: 2. The petitioner was appointed as H.S.A (English) in SNDP HSS, Udayamperoor against the leave vacancy of Smt.Ajitha S.Panicker, H.S.A (English) who availed Leave Without Allowance from 01.09.2004 to 31.08.2009 which was sanctioned as per W.P.(C) No.18413/2011 2 Ext.P1 Government Order. Ext.P2 is the copy of the order appointing the petitioner which is for the period from 27.07.2006 to 31.08.2009. The proposal for approval was returned as per Ext.P3 with a direction to resubmit the same on daily wage basis. This was challenged by the petitioner in appeal and the same was rejected as per Ext.P4 order. The petitioner was subsequently appointed by the Manager on daily wage basis as evident from Ext.P5. 3. By Ext.P6 order, the petitioner was appointed on regular basis as H.S.A (English) in the SNDP HSS, Neeravil, Kollam from 01.06.2007 onwards which stands approved. Ext.P4 appellate order was taken up in revision by the petitioner as per Ext.P7 which was disposed of by Ext.P9 order. Ext.P9 is also against the claim of the petitioner. Ext.P10 is a recent Government Order dated 26.02.2011 whereby the stipulations in G.O.(P) No.169/ 2004/G.Edn. dated 15.06.2004 and G.O.(P) No.104/2008/G.Edn. dated 10.06.2008 have been relaxed. In the light of the above, the petitioner prays for granting appropriate reliefs. 4. After the filing of the writ petition, the petitioner has W.P.(C) No.18413/2011 3 produced along with I.A.No.12165/2011, Ext.P12 a copy of the revision petition submitted before the Government. Learned counsel for the petitioner prayed that the Government may be directed to take a decision on Ext.P12 within a time frame. Therefore, there will be a direction to the Government to take a decision on Ext.P12 revision petition, after hearing the petitioner and the Manager, within a period of six months and the applicability of Ext.P10 will be considered. The petitioner will produce a copy of this judgment along with a copy of the writ petition for compliance. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp