IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 21ST AUGUST 2008 / 30TH SRAVANA 1930 WP(C).No. 12392 of 2008(A) -------------------------- PETITIONER: ------------ SHAJINA.C.M., CHEERCHAM VEETTIL, MALIYAKAL, TRIPAMGODE, MALAPPURAM. BY ADV. SRI.NIRMAL. S RESPONDENTS: ------------- 1. THE SECRETARY TO GOVERNMENT, DEPARTMENT OF EDUCATION, TRIVANDRUM. 2. THE DISTRICT EDUCATIONAL OFFICER, MALAPPURAM, TIRUR. ADDL.R3: THE DEPUTY DIRECTOR, EDUCATION DEPARTMENT, MALAPPURAM. (ADDL.R3 IMPLEADED VIDE ORDER DATED 21.8.2008 IN IA 9278/2008) BY GOVT. PLEADER SHRI A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T. SANKARAN,J. -------------------------------------- W.P.(C) No.12392 of 2008 A -------------------------------------- Dated this the 21st day of August, 2008. J U D G M E N T It is stated that Smt. Suja K. John who was working as High School Assistant (Natural Science) in M.M.M. Higher Secondary School, Kuttayi, Tirur, Malappuram District, took leave without allowance for a period of five years from 16.9.2007 to 15.9.2012. It is also stated that the petitioner was appointed in the leave vacancy of Smt. Suja K.John. It is stated that the petitioner had requisite qualification for being appointed to the post of High School Assistant (Natural Science). Ext.P2 appointment order by which the petitioner was appointed, was duly forwarded to the District Educational Officer, Malappuram, for approval. 2. The reliefs originally prayed for in the Writ Petition were the following:- “(i) issue a writ of mandamus directing the respondents to sanction and pass orders on Exhibit.P1; WP(C) No.12392/2008 2 (ii) To issue writ of mandamus directing the respondents to approve the appointment order of the petitioner and permit the petitioner to join duty forthwith; (iii) To issue such other writ, order or direction this Hon'ble Court may deem fit to grant in the facts and circumstances of the case.” 3. After the filing of the Writ Petition, the petitioner has produced Exts.P4 and P5 as additional documents. As per Ext.P4 order dated 29.5.2008, the District Educational Officer has rejected the approval of appointment of the petitioner on the ground that there was no vacancy for which the petitioner to be accommodated. Another ground on which Ext.P5 order was passed was that the order granting leave to Smt.Suja K.John was not produced. Challenging Ext.P4 order, the Manager of the school has filed Ext.P5 appeal dated 20.6.2008 before the Deputy Director of Education, Malappuram who is now impleaded as additional third respondent in the Writ Petition. In Ext.P5 appeal, it is stated that leave without allowance was granted in favour of Smt.Suja K.John by the Government. It is stated in Ext.P5 that the said order is produced along with Ext.P5 appeal. WP(C) No.12392/2008 3 4. In the petition for amendment of the Writ Petition, the petitioner has incorporated an additional relief to direct the third respondent to dispose of Ext.P5 appeal expeditiously. 5. The learned counsel for the petitioner submitted that the grievance of the petitioner would be satisfied, for the present, if a direction is issued to the third respondent to dispose of Ext.P5 appeal filed by the Manager. Learned Government Pleader submitted that the third respondent would dispose of Ext.P5 appeal expeditiously. The Manager is not made a party to the Writ Petition. However, his presence may not be required since the Manager has no dispute regarding the approval of appointment of the petitioner. In the facts and circumstances of the case, the Writ Petition is disposed of as follows:- 1. The Deputy Director of Education, Malappuram shall dispose of Ext.P5 appeal dated 20.6.2008 filed by the Manager of the school as expeditiously as possible and at any rate within a period of two months, after affording an opportunity of being heard to the Manager of the school and the petitioner. 2. The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the Deputy Director of Education. WP(C) No.12392/2008 4 3. The petitioner shall send a copy of the judgment by registered post to the Manager and shall produce proof of the same before the Deputy Director of Education, Malappuram. K.T. SANKARAN, JUDGE. cks