IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 8TH NOVEMBER 2011 / 17TH KARTHIKA 1933 WP(C).No. 23151 of 2011(T) ---------------------------------------- PETITIONER(S): ------------------------ JITHA BALAGOPAL, HIGH SCHOOL ASSISTANT (SS), IRITTY HIGHER SECONDARY SCHOOL P.O., KEEZHUR, KANNUR DISTRICT - 670 703. BY ADV. SRI.POOVAMULLE PARAMBIL ABDULKAREEM RESPONDENT(S): -------------------------- 1. THE DISTRICT EDUCATIONAL OFFICER, THALASSERY - 670 101. 2. K.T.BHARATHI, PRATHIBHA, KEEZHUR AMSOM DESOM P.O., KEEZHUR, IRITTY - 670 703. 3. THE MANAGER, IRITTY HIGHER SECONDARY SCHOOL, P.O.KEEZHUR, IRITTY - 670 703. 4. THE HEAD MASTER, IRITTY HIGH SCHOOL, P.O.KEEZHUR - 670 703. *ADDL.R5 IMPLEADED: R5. SULAJA KUNNUMMA, KUNNUMMA HOUSE, KOLARI PO, MATTANNUR, KANNUR DISTRICT - 670 702. (*ADDL.R5 IS IMPLEADED AS PER ORDER DTD. 8/11/2011 IN IA.NO.16531/11) R1 BY GOVERNMENT PLEADER SMT. NISHA BOSE R2 BY ADVS. SRI.M.RAMESH CHANDER, SMT.K.A.SANJEETHA, SRI.ANEESH JOSEPH. R3 BY ADV. SMT.SHAHNA KARTHIKEYAN ADDL.R5 BY ADVS.SRI.DEVAN RAMACHANDRAN, SRI.K.M.ANEESH, SRI.M.P.SREEKRISHNAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.23151/2011 T APPENDIX PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE APPOINTMENT ORDER DATED 13/6/2011 ISSUED BY THE 2ND RESPONDENT. EXT.P2: TRUE COPY OF THE PROCEEDINGS NO.B/5718/11/K-DIS/ DATED 15/7/2011. EXT.P3: TRUE COPY OF THE PROCEEDINGS DATED 18/8/2011 ISSUED BY THE 3RD RESPONDENT. EXT.P4: TRUE COPY OF THE ORDER IN IA.NO.882/2011 IN O.S. NO.132/2011 DATED 10/6/2011 PASSED BY THE HON'BLE MUNSIFF COURT, KUTHUPARAMBA. EXT.P5: TRUE COPY OF THE REPRESENTATION DATED 18/8/2011 SUBMITTED BEFORE THE 3RD RESPONDENT. EXT.P6: TRUE COPY OF THE LETTER DTD. 25/08/2011 ISSUED BY THE 4TH RESPONDENT. EXT.P7: TRUE COPY OF THE APPOINTMENT ORDER ISSUED BY THE 3RD RESPONDENT APPOINTING 5TH RESPONDENT. RESPONDENT'S EXHIBITS: R2(A): COPY OF THE ORDER APPROVING THE APPOINTMENT DTD. 28/07/2010. R2(B): COPY OF THE PLAINT IN O.S.223/2011. R2(C): COPY OF THE APPEAL FILED BY THIS RESPONDENT BEFORE THE DEPUTY DIRECTOR OF EDUCATION, KANNUR DTD. 16/07/2011. R3(A): COPY OF THE JUDGMENT IN O.S.432/1990 DTD. 31/01/2011 ON THE FILES OF THE MUNSIFF COURT, KOOTHUPARAMBA. R3(B): COPY OF THE RELEVANT PAGES OF MALAYALA MANORAMA DAILY DTD. 2/2/2011. R3(C): COPY OF THE RELEVANT PAGES OF MATHRUBHUMI DAILY DTD. 2/2/2011. /TRUE COPY/ P.A.TO JUDGE Kss T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.23151 OF 2011 --------------------------------------- Dated this the 8th day of November, 2011. J U D G M E N T This writ petition is filed by the petitioner aggrieved by Ext.P3 order issued by the Manager. It is the case of the petitioner that the petitioner was appointed as High School Assistant (Social Science) by the 2nd respondent, who was functioning as Manager of the school till 15.07.2011. The 3rd respondent has been subsequently appointed as Manager with effect from the said date. Ext.P1 is the copy of the order of appointment of the petitioner and Ext.P2 is the order approving the appointment of the 3rd respondent Manager. 2. The respondents 2 and 3 have filed separate counter affidavits. It has now turned out that the 3rd respondent Manager has appointed the additional 5th respondent as H.S.A (Social Science) as per Ext.P7 order. Various controversies have thus arisen between the parties and disputes between the respondents 2 and 3 were pending before the Civil Court also. W.P.(C) No.23151/2011 2 3. I need not go into the various details herein since the parties agree that the District Educational Officer will have to take a decision as the proposal for approval of the petitioner has not resulted in any order so far and the proposal for approval of appointment of the additional 5th respondent is also pending consideration before the District Educational Officer. In that view of the matter, this writ petition is disposed of directing the 1st respondent to take a decision with regard to the grant of approval claimed by the petitioner as well as the additional 5th respondent, after hearing the petitioner, the respondents 2 and 3 and the additional 5th respondent, within a period of two months from the date of receipt of a copy of this judgment. It is made clear that all the aspects will be considered by the District Educational Officer and the contentions raised by the parties herein are left open. T.R. RAMACHANDRAN NAIR JUDGE smp