IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 25TH JUNE 2009 / 4TH ASHADHA 1931 WP(C).No. 17649 of 2009(A) ---------------------------------------- PETITIONER(S): ------------------------- MOLLY G., HSA (MATHS), HIGH SCHOOL FOR BOYS, THEVALAKKARA, KOLLAM DISTRICT. BY ADVS. MR.P.J.MATHEW, MR.K.B.ARUNKUMAR. RESPONDENT(S): --------------------------- 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, KOLLAM. 3. THE DISTRICT EDUCATIONAL OFFICER, KOLLAM. 4. MANAGER, HIGH SCHOOL FOR BOYS AND GIRLS, THEVALAKKARA, KOLLAM DISTRICT. BY SR. GOVERNMENT PLEADER MR. A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/06/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.17649 OF 2009 --------------------------------------- Dated this the 25th day of June, 2009. J U D G M E N T The petitioner is working as H.S.A. (Mathematics) in the school managed by the 4th respondent. The petitioner was appointed as U.P.S.A by the 4th respondent with effect from 02.06.2008 in the High School for Boys, Thevalakkara. The appointment was pursuant to the vacancy which arose in a regular post due to promotion of one R.Bindu Pillai, U.P.S.A as H.S.A (Malayalam). Exhibit P1 is the copy of the order of appointment. The petitioner was later promoted as H.S.A (Mathematics) with effect from 01.06.2009 in a permanent vacancy. Exhibit P2 is the copy of the said order of appointment. 2. The Manager had submitted proposal for approval of appointment of the petitioner as U.P.S.A. But, by Exhibit P3, the 3rd respondent rejected the same stating that the appointment order and other particulars were received belatedly. Presently, the matter is pending before the appellate authority in appeal W.P.(C) No.17649/2009 2 filed by the Manager and a copy of which is produced as Exhibit P4. 3. Learned counsel for the petitioner submitted that there is no violation of Rule 8(1) of Chapter XIV-A of Kerala Education Rules as the petitioner had joined duty on 02.08.2008 admittedly and the order of appointment was received in the office of the District Educational Officer on 12.08.2008 within the prescribed period as per the Rules. It is also submitted that this aspect was not considered by the authority while rejecting the proposal to grant approval. 4. The petitioner is also relying upon the decision of a Division Bench of this Court in Unni Narayanan vs. State of Kerala (2009(2) KLT 604) to contend for the position that the approval has to be considered ignoring G.O.(P) No.104/2008/ G.Edn dated 10.06.2008, Exhibit P5 herein. Since the matter is pending before the appellate authority, there will be a direction to the 2nd respondent to take a decision on Exhibit P4 within a period of two months from the date of receipt of a copy of this judgment. The petitioner will produce a W.P.(C) No.17649/2009 3 copy of the judgment of the Division Bench referred to above and the effect of the judgment also will be considered while passing the order by the Deputy Director of Education. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp