IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 17TH JUNE 2011 / 27TH JYAISHTA 1933 WP(C).No. 16238 of 2011(D) -------------------------------------- PETITIONER: ------------------- SHANAVAS.P., S/O.SAYED.P, PULLADI HOUSE, MANGAD P.O., UNNIKULAM, KOZHIKODE-673 514. BY ADVS. SRI.P.B.SAHASRANAMAN, SRI.T.S.HARIKUMAR, SRI.K.JAGADEESH. RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM- 695 001. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM-695 001. 3. THE DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE. 4. THE DISTRICT EDUCATIONAL OFFICER, THAMARASSERY, KOZHIKODE. 5. THE MANAGER, V.M.H.S. HIGH SCHOOL, P.O.KUMARANELLUR, MUKKAM-673 602. R1 TO R4 BY GOVT. PLEADER SMT. NISHA BOSE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/06/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.16238/2011-D: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE APPOINTMENT ORDER ISSUED BY THE R.5, DTD. 02/06/2004. EXT.P.2: COPY OF THE REPRESENTATION OF THE PETITIONER, DTD. 17/05/2006. EXT.P.3: COPY OF THE G.O.(P).NO.46/2006, DTD. 01/02/2006. EXT.P.4: COPY OF THE ORDER OF THE R.3, DTD. 05/06/2006. EXT.P.5: COPY OF THE LETTER ISSUED BY THE R.2. TO THE R.4, DTD. 17/12/2008. EXT.P.6: COPY OF THE REPRESENTATION OF THE PETITIONER ADDRESSED TO THE R.3, DTD. 02/11/2009. EXT.P.7: COPY OF THE LETTER NO.B5/8227/09 OF THE R.3. ADDRESSED TO THE R.4, DTD. 10/02/2010. EXT.P.8: COPY OF THE ORDER OF THE R.3, DTD. 06/10/2010. EXT.P.9: COPY OF THE REPRESENTATION OF THE PETITIONER, DTD. 02/05/2011. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.16238 of 2011-D - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of June, 2011. JUDGMENT The petitioner herein was appointed as H.S.A. (Hindi) in the school managed by the fifth respondent on 2.6.2004 against a retirement vacancy as per Ext.P1 order. The approval was declined for the reason that the vacancy had to be filled up by a protected hand. This was challenged by the Manager and a common order was passed by the Government in respect of 402 teachers, as evident from Ext.P3. The petitioner is serial No. 30 in Kozhikode District. Subject to the availability of post, a direction was issued to approve the appointment of the petitioner, as per Ext.P4 order. It is pointed out that the petitioner had been working till 15.7.2006 when one post of Hindi was reduced in the school for want of pupil strength. 2. It is pointed out that in spite of Ext.P4, no orders have been passed by the authorities concerned by approving the appointment of the petitioner in terms of Ext.P3. The petitioner had been representing the matter. It is pointed out that a leave vacancy has occurred in the school, against which the fifth respondent appointed a fresh hand, but the said appointment also has not been approved. pc 16238/2011 2 3. The petitioner has approached the third respondent by filing Ext.P9 representation, pointing out that even his earlier complaint has not been addressed so far. It is upto the third respondent to take a decision. 4. Therefore, there will be a direction to the third respondent to take a decision on Ext.P9 after hearing the petitioner, the Manager and any other affected parties, within six weeks from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs. The petitioner will forward a copy of this judgment along with a copy of the writ petition before the third respondent for compliance. (T.R. Ramachandran Nair, Judge.) kav/