IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 20TH OCTOBER 2011 / 28TH ASWINA 1933 WP(C).No. 27915 of 2011(L) -------------------------------- PETITIONER: -------------- K.C. KAVITHA, AGED 33 YEARS, WIFE OF T.V. SHIBU, EDAVOOR U.P. SCHOOL, KOOVAPPADY – 683 544 (RESIDING AT THEVALIL, EDAVOOR, KOOVAPPADY, PERUMBAVOOR-683 544). BY ADVS. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENTS: ----------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY TO GOVT., GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM – 695 001. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, THIRUVANANTHAPURAM – 695 014. 3. THE DISTRICT EDUCATIONAL OFFICER, KOTHAMANGALAM, ERNAKULAM DISTRICT – 686 691. 4. THE ASSISTANT EDUCATIONAL OFFICER, PERUMBAVOOR, ERNAKULAM DISTRICT – 683 542. 5. THE MANAGER, EDAVOOR U.P. SCHOOL, KOOVAPPADY – 683 544, PERUMBAVOOR, ERNAKULAM DISTRICT. 6. SMT. O.K PREETHY, UPPER PRIMARY SCHOOL ASSISTANT, EDAVOOR U.P. SCHOOL, KOOVAPPADY, ERNAKULAM DISTRICT – 683 544. BY SRI.M.A. FAYAZ, SR. GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.27915/2011 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF APPOINTMENT ORDER OF PETITIONER DTD. 5.6.07. EXT. P2 : COPY OF ORDER No.C-3260/2009 OF Assistant Educational Officer, PERUMBAVOOR DTD. 12.8.09. EXT. P3 : COPY OF ORDER OF APPOINTMENT OF PETITIONER DTD. 3.8.09. EXT. P4 : COPY OF REVISION FILED BEFORE R2 DTD. 14.9.01. EXT. P5 : COPY OF G.O.(Ms) 275/99/G.EDN OF GOVT. DTD. 9.11.99. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.27915 OF 2011 --------------------------------------- Dated this the 20th day of October, 2011. J U D G M E N T The petitioner seeks for a direction to the Director of Public Instruction to take a decision on Ext.P4 within a time frame. Even though the petitioner was appointed as Upper Primary School Assistant with effect from 05.06.2007 against an additional division vacancy during the academic year 2007-2008 in the school, due to the ban for creation of additional post, the appointment was not approved. 2. After the coming into force of G.O.(P) No.10/10/G.Edn dated 12.01.2010, the appointment of the petitioner has been approved with effect from 15.07.2007 to 31.03.2008 as per Ext.P1 order. 3. The 6th respondent was appointed from 02.06.2008 in the additional division vacancy on shifting the petitioner to the leave vacancy from 02.08.2008 to 02.08.2009 and from 03.08.2009 to 02.08.2014 and the appointment of the said W.P.(C) No.27915/2011 2 respondent has been approved without any time limit. The petitioner is now shifted to the leave vacancy of one Smt.V.P.Maya, Upper Primary School Assistant. When Smt.V.P.Maya rejoins duty, the petitioner will have to be relieved. But being a senior claimant, it is pointed out that the petitioner is entitled to be posted in a regular vacancy. The Manager has therefore submitted a request before the 2nd respondent for approval of shifting of lien. It is pointed out that the 2nd respondent has not passed any orders on Ext.P4 so far. There will be a direction to the 2nd respondent Director of Public Instruction to take a decision on Ext.P4, after hearing the petitioner, Manager and the 6th respondent, within a period of three months from the date of receipt of a copy of this judgment. The petitioner will forward a copy of this judgment along with a copy of the writ petition for compliance. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp