IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 2ND SEPTEMBER 2008 / 11TH BHADRA 1930 WP(C).No. 26506 of 2008(E) -------------------------- PETITIONER: ----------------- 1. SR. MARY JOSEPH, D/O.D.JOSEPH, BETHANY CONVENT, CHENGAROOR, MALLAPPALLY (HIGHER SECONDARY SCHOOL TEACHER (JUNIOR-ZOOLOGY), ST.THERESA'S BC HIGHER SECONDARY SCHOOL, CHENGAROOR. 2. CORPORATE MANAGER, EDUCATIONAL AGENCY, CATHOLIC ARCH DIOCESE, DIOCESE OF THIRUVALLA, MARYGIRI, THIRUVALLA. BY ADV. SRI.S.SUBHASH CHAND RESPONDENTS: ------------------------- 1. DIRECTOR OF HIGHER SECONDARY EDUCATION, DIRECTORATE OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDING, SANTHINAGAR, THIRUVANANTHAPURAM. 2. REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION, OFFICE OF THE REGIONAL DEPUTY DIRECTOR, CORPORATION BUILDING, 4TH FLOOR, PALAYAM, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER ADV. SHRI T.T. MUHAMMED. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T. SANKARAN, J. ........................................................... W.P.(C) No. 26506 OF 2008 ........................................................... Dated this the 2nd September , 2008 J U D G M E N T The first petitioner is at present working as Higher Secondary School Teacher (Junior)(Zoology) in the St. Theresa's BC Higher Secondary School, Chengaroor. The second petitioner is the Corporate Manager. 2. The first petitioner was appointed as HSA (NS) with effect from 27.07.1998 as per Ext. P1 appointment order. It is submitted that the appointment of the first petitioner as H.S.A. was approved. The St. Theresa's BC High School, Chengaroor, wherein the first petitioner was working as H.S.A. later became a Higher Secondary School. As per Ext. P3 staff fixation order, one post of HSST (Junior ) and one post of HSST were sanctioned for the subject Zoology for the academic years 2004-05 and 2005-06. In the light of the staff fixation order, the first petitioner was promoted and appointed as HSST (Junior) (Zoology) in the St. Theresa's BC Higher Secondary School, as per Ext. P4 order of appointment dated 01.08.2006. The petitioners state that Ext.P4 order of appointment and connected documents were forwarded by the second petitioner on 01.08.2006 to the second respondent, the Regional Deputy Director of Higher Secondary Education. The grievance of the petitioners is that the W.P.(C) No. 26506 OF 2008 2 second respondent has not passed any order in the matter so far, either approving or rejecting the same. Since no orders were being passed by the second respondent, the second petitioner submitted Exhibits P5 and P6 representations and the first petitioner submitted Exhibit P7 representation to the second respondent pointing out their grievances and requesting for approval of appointment of the first petitioner. 2. The reliefs prayed for in the Writ Petition are the following: “i) To issue a writ in the nature of mandamus or other appropriate writ or order directing respondent No.2 to take up Ext. P4 appointment order of petitioner No.1 as HSST (Jr. Zoology) in St. Theresa's BC Higher Secondary School, Chengaroor along with connected documents, consider the same and pass final orders in the matter of approval under Rule 5(2) Chapter XXXII KER with notice and opportunity of hearing to the petitioners, within such time, as this Hon'ble Court may deem fit and proper in the interest of justice. ii) To issue a writ in the nature of mandamus or other appropriate writ or order directing the respondents to approve the appointment of petitioner No.1 as HSST (Jr. Zoology) as per Ext. P4 order in St. Theresa's BC Higher Secondary School, Chengaroor and disburse salary and allowances in the said post with effect from 1/8/2006 onwards, within such time, as this Hon'ble Court may deem W.P.(C) No. 26506 OF 2008 3 fit and proper in the interest of justice. iii) To issue a writ in the nature of mandamus or other appropriate writ or order directing respondent No.2 to consider and pass final orders on Ext. P5, P6 and P7 representations and to take effective action in accordance with law with notice and opportunity of hearing to the petitioners, within such time, as this Hon'ble Court may deem fit and proper in the interest of justice. iv) To mould and grant such other reliefs, as this Hon'ble Court shall deem just and proper in the interest of justice, including costs. “ 3. Learned counsel for the petitioners submits that for the present, the petitioners would be satisfied if a direction is issued to the second respondent to consider the proposal for approval of appointment of the first petitioner as HSST (Junior)(Zoology) as expeditiously as possible, leaving open the other contentions of the petitioners. In the facts and circumstances, the Writ Petition is disposed of as follows: i) The second respondent shall consider the question of approval of appointment of the first petitioner as HSST (Junior)(Zoology) made as per Ext. P4 order and pass a final order as expeditiously as possible and at any rate within a period of six weeks, after affording an opportunity of being heard to the petitioner and any other person who is likely to be affected. ii) The second respondent shall also consider Ext. P7 representation W.P.(C) No. 26506 OF 2008 4 submitted by the first petitioner along with Ext.P5 and P6 representations submitted by the second petitioner while considering the matter. iii) The petitioners shall produce a copy of the Writ Petition and certified copy of the judgment before the second respondent without delay. K.T. SANKARAN, JUDGE. lk