IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 17TH JULY 2008 / 26TH ASHADHA 1930 WP(C).No. 21609 of 2008(V) -------------------------- PETITIONER: ------------ PREETHAKUMARY P.G., H.S.A. (NS) S.V.H.S. PONGALADY, PATHANAMTHITTA DISTRICT BY ADV. SRI.S.MUHAMMED HANEEFF RESPONDENTS: ------------- 1. DISTRICT EDUCATIONAL OFFICER PATHANAMTHITTA 2. DEPUTY DIRECTOR OF EDUCATION PATHANAMTHITTA AT THIRUVALLA 3. DIRECTOR OF PUBLIC INSTRUCTIONS THIRUVANANTHAPURAM 4. MANAGER S.V.H.SCHOOL, PONGALADY, PATHANAMTHITTA DISTRICT BY G.P. SHRI A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T. SANKARAN,J. -------------------------------------- W.P.(C) No.21609 of 2008 V -------------------------------------- Dated this the 17th day of July, 2008. J U D G M E N T In the manner in which I propose to dispose of the Writ Petition, it is not necessary to issue notice to fourth respondent. Government Pleader takes notice for respondents 1 to 3. 2. The petitioner states that she was appointed as High School Assistant (Natural Science) in the fourth respondent's school for the period from 22.7.1993 to 7.6.1998 in the leave vacancy of Shri Alexander Panicker, who availed leave without allowance for a period of five years. The appointment of the petitioner was approved as per Ext.P1 order dated 22.7.1993. Shri Alexander Panicker sought for extension of leave for a further period of five years from 8.6.1998 to 7.6.2003. Petitioner was again appointed in that vacancy and that appointment was approved as per Ext.P2 order dated 8.6.1998. Shri Alexander Panicker again applied for extension of leave for a further period of three years from 8.6.2003 to 7.6.2006 and it was granted. Accordingly the petitioner was again appointed in that vacancy. That appointment was also approved as per Ext.P3 order dated 8.6.2003. WP(C) No.21609/2008 2 2. It is stated that Shri Alexander Panicker did not join duty after leave on 8.6.2006. His leave was not extended thereafter. Though he applied for voluntary retirement, that request was not granted. He unauthorisedly absented from duty. He would have retired on superannuation on 31.3.2008 if he had continued in service, states the petitioner. The petitioner continued in service even after 8.6.2006. The Manager placed the matter for approval before the District Educational Officer. It is stated that the District Educational Officer did not grant approval on the ground that there was no established vacancy. The order passed by the District Educational Officer was confirmed by the Deputy Director of Education. Petitioner has filed Ext.P4 appeal dated 12.5.2008 before the Director of Public Instruction, challenging the order passed by the Deputy Director of Education. Ext.P4 appeal is pending disposal. 3. The reliefs prayed for in the Writ Petition are the following:- “a. Issue a writ of mandamus or any other appropriate writ order or direction directing the respondents no.1 to 3 to approve the appointment of the petitioner from 08-06- 2006 onwards and sanction and disburse salary to her without any further delay. WP(C) No.21609/2008 3 b. Issue a writ of mandamus or any other appropriate writ order or direction directing the 3rd respondent to consider and pass orders on Ext.P4 statutory appeal in accordance with law within the time limit fixed by this Hon'ble Court and after hearing the petitioner. c. Issue such other appropriate writ, order or direction, as this Hon'ble Court deems ft and proper in the facts and circumstances of the case.” 4. The learned counsel for the petitioner submits that the petitioner would be satisfied, for the present, if a direction is issued to the Director of Public Instruction to dispose of Ext.P4 appeal within a time frame, leaving open the other remedies to be worked out at appropriate stage. In the facts and circumstances of the case, the Writ Petition is disposed of as follows:- (i) The Director of Public Instruction shall dispose of Ext.P4 appeal, after affording an opportunity of being heard to the petitioner and the fourth respondent Manager, as expeditiously as possible and at any rate within a period of two months. WP(C) No.21609/2008 4 (ii) The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the Director of Public Instruction. (iii) The petitioner shall send a copy of the judgment to the fourth respondent by registered post, and shall produce proof of the same before the Director of Public Instruction. K.T. SANKARAN, JUDGE. cks