IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 6TH AUGUST 2009 / 15TH SRAVANA 1931 WP(C).No. 22334 of 2009(J) -------------------------------- PETITIONERS: ---------------- 1. V.P.SUBOTH, H.S.A.(MATHS), ST.JOHN'S JACOBITE SYRIAN HIGH SCHOOL, KANNIATTUNIRAPPU, KUZHIYARA P.O., CHOTTANIKKARA, ERNAKULAM DISTRICT. 2. NEEPA PAUL, H.S.A.(PHYSICAL SCIENCE), ST.JOHN'S JACOBITE SYRIAN HIGH SCHOOL, KANNIATTUNIRAPPU, KUZHIYARA P.O., CHOTTANIKKARA, ERNAKULAM DISTRICT. BY MR.K.JAJU BABU, ADVOCATE. MS.M.U.VIJAYALAKSHMI, ADVOCATE. MR.A.HAROON RASHEED, ADVOCATE. RESPONDENTS: ------------------ 1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, ERNAKULAM. 4. THE DISTRICT EDUCATIONAL OFFICER, ALUVA. 5. MANAGER, ST.JOHN'S JACOBITE SYRIAN HIGH SCHOOL, KANNIATTUNIRAPPU, KUZHIYARA P.O., CHOTTANIKKARA, ERNAKULAM DISTRICT. BY MR. A.J. VARGHESE, SR. GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.22334 OF 2009 --------------------------------------- Dated this the 6th day of August, 2009. J U D G M E N T The petitioners herein are the Teachers appointed by the 5th respondent-Manager. The 1st petitioner was appointed as H.S.A (Maths) with effect from 05.06.2006 in the retirement vacancy of Sri.Paul A.Paulose which arose on 30.04.2004. The 2nd petitioner was appointed as U.P.S.A in a promotion vacancy from 20.10.2006. That appointment was approved as per Exhibit P2. She was later promoted as H.S.A (Physical Science) as per Exhibit P3. 2. Exhibit P1 was rejected by the 4th respondent on the ground that the Manager did not appoint a protected teacher. This was affirmed by the 3rd respondent on 11.10.2007. Later a protected teacher was deputed as per Exhibit P4 by the 3rd respondent who joined duty on 18.06.2008. By Exhibit P5, the 2nd respondent directed approval of appointment of the 1st petitioner with effect from 18.06.2008 and accordingly, it has been approved. W.P.(C) No.22334/2009 2 3. In the case of the 2nd petitioner also, the proposal for approval was rejected by the 4th respondent on 21.07.2007 alleging that the protected hand is not approved. That was affirmed by the 3rd respondent on 09.01.2008. By Exhibit P6, the appointment is approved with effect from 02.06.2008. 4. The Manager has filed Exhibits P7 and P8 revision petitions before the 1st respondent to the extent to which approval is refused in respect of the earlier period. It is prayed that the revision petitions may be directed to be disposed of within a time frame. There will be a direction to the 1st respondent to take a decision on Exhibits P7 and P8, after hearing the petitioners and the Manager, within a period of four months from the date of receipt of a copy of this judgment. The petitioners are relying upon the decision of this Court in Anilkumar vs. State of Kerala (2009 (2) KLJ 402). The impact of the same on the contentions of the parties also will be considered while disposing of the revision petitions. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp