IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 3RD SEPTEMBER 2008 / 12TH BHADRA 1930 WP(C).No. 26561 of 2008(K) -------------------------- PETITIONER: ------------ K.G.NISHA KUMAR, AGED 27 YEARS, W/O. ANEESH, UPPER PRIMARY SCHOOL ASSISTANT, HIGHER SECONDARY SCHOOL, KANDAMANGALAM, P.O.KADAKKARAPPALLY, CHERTHALA, ALAPPUZHA 688 529. BY ADV. SRI.V.A.MUHAMMED ADV. SRI.K.E.HAMZA RESPONDENTS: ------------------------- 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, THIRUVANANTHAPURAM -14. 3. THE DISTRICT EDUCATION OFFICER, CHERTHALA, ALAPPUZHA DISTRICT. 4. THE MANAGER, HIGHER SECONDARY SCHOOL, KANDAMANGALAM,P.O.KADAKKARAPPALY, CHERTHALA, ALAPPUZHA 688 529. BY GOVERNMENT PLEADER ADV. SHRI A.J. VARGHESE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T. SANKARAN, J. .......................................................... W.P.(C) No. 26561 OF 2008 ........................................................... Dated this the 3rd September, 2008 J U D G M E N T The petitioner states that she was appointed as U.P.S.A. from 02.08.2006 onwards against the anticipated post of U.P.S.A. during the academic year 2006-07 in the Higher Secondary School, Kandamangalam. The appointment of the petitioner was not approved and no order has been passed. The petitioner filed Ext.P7 representation before the Government requesting for a direction to the District Educational Officer to approve the appointment of the petitioner as U.P.S.A. from 02.08.2006 onwards. In Exhibit P7 representation, the petitioner has pointed out her grievances and also raised a contention that her appointment is liable to be approved. The petitioner relied on Exhibit. P4 judgment and Exhibit P5 Government Order dated 16.02.008 in support of her contentions. Exhibit P7 representation is pending disposal. 2. The reliefs prayed for in the Writ Petition are the following: “a) Call for the records relating to Exhibit P3 Government Order and quash Para VI by the issue of a writ of certiorari or other appropriate writ or order. b) Issue a writ of mandamus or other appropriate writ order or direction commanding the 4th Respondent District Educational Officer, Cherthala to modify Exhibits P1 and P2 Staff Fixation Orders sanctioning additional W.P.(C) No. 26561 OF 2008 2 division and additional post of Upper Primary School Assistant in terms of the statutory Rules. c) Issue a writ of mandamus or other appropriate writ order or direction commanding the 4th respondent District Educational Officer, Cherthala to approve the appointment of the petitioner as Upper Primary School Assistant from 2.8.2006 onwards and disburse salary and allowances for the period the petitioner has actually worked forthwith. d) Issue a writ of mandamus or other appropriate writ order or direction commanding the 1st respondent to effectively consider and pass appropriate orders upon Exhibit P7 after affording an opportunity of being heard to the petitioner within a time limit. e) Pass such other order or direction which this Hon'ble Court may deem fit and proper to grant in the circumstances of the case. “ 3. Learned counsel for the petitioner submits that the petitioner would be satisfied, for the present, if relief (d) is granted. In the facts and circumstances of the case, the Writ Petition is disposed of directing the first respondent to consider and dispose of Ext.P7 representation dated 28th March, 2008 submitted by the petitioner, as expeditiously as possible and at any rate within a period of three months, after affording an opportunity of being heard to the petitioner, the Manager and any other affected person. The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the first respondent without delay. The petitioner shall also W.P.(C) No. 26561 OF 2008 3 send a copy of the judgment by registered post to the fourth respondent and shall produce proof of the same before the first respondent. K.T. SANKARAN, JUDGE. lk