IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 15TH MARCH 2010 / 24TH PHALGUNA 1931 WP(C).No. 33980 of 2009(N) ----------------------------------------- PETITIONER(S): ------------------------- 1. N.K.RENUKA, PEON,ADICHANALLOOR GRAMA PANCHAYAT HIGH SCHOOL, ADICHANALLOOR,KOLLAM DISTRICT. 2. G.PRASANNAKUMARI, FULL TIME MENIAL,ADICHANALLOOR GRAMA PANCHAYAT HIGH SCHOOL,ADICHANALLOOR,KOLLAM DISTRICT. BY ADVS. DR.K.P.SATHEESAN, MR.K.K.GOPINATHAN NAIR, MR.M.R.JAYAPRASAD, MR.P.MOHANDAS (ERNAKULAM), MR.MATHEW SUNNY. RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT EDUCATIONAL OFFICER,KOLLAM. 3. THE MANAGER, ADICHANALLOOR GRAMA PANCHAYAT HIGH SCHOOL, SECRETARY,ADICHANALLOOR GRAMA PANCHAYAT, ADICHANALLOOR P.O.,KOLLAM DISTRICT. *ADDL.R4 IMPLEADED: R4. THE DEPUTY DIRECTOR OF EDUCATION, KOLLAM. (*ADDL.R4 IS IMPLEADED AS PER ORDER DTD. 19/02/2010 IN I.A.NO.2237/2010) R1,R2 & R4 BY GOVERNMENT PLEADER MR. SANDESH RAJA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.33980/2009 N APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE JUDGMENT DTD. 27/11/2008 IN WPC.NO.34962/2007. P2: COPY OF THE ORDER NO.A4-331/2009 DTD. 16/01/2009 ISSUED BY THE 3RD RESPONDENT. P3: COPY OF THE CLARIFICATION LETTER WRITTEN BY THE 2ND RESPONDENT TO THE FIRST RESPONDENT DTD. 7/03/2009. P4: COPY OF THE REPRESENTATION FILED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT DTD. 6/08/2009. P5: COPY OF THE ORDER G.O.(RT) NO.1036/2004/G.EDN. DTD. 10/03/2004 ISSUED BY THE FIRST RESPONDENT. P6: COPY OF THE REPRESENTATION FILED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT DTD. 17/10/2009. P7: COPY OF THE ENDORSEMENT MADE BY THE FIRST RESPONDENT AS PER NO.62450/N2/09/G.EDN. DTD. 30/10/2009. P8: COPY OF THE ORDER DTD. 15/01/2010 REJECTING THE APPROVAL OF APPOINTMENT OF THE 1ST PETITIONER. P9: COPY OF THE ORDER DTD. 15/01/2010 REJECTING THE APPROVAL OF APPOINTMENT OF THE 2ND PETITIONER. P10: COPY OF THE MEMORANDUM OF APPEAL FILED BY THE 1ST PETITIONER BEFORE THE ADDITIONAL 4TH RESPONDENT DTD. 3/2/2010 (EXCLUDING ANNEXURE). P11: COPY OF THE MEMORANDUM OF APPEAL FILED BY THE 2ND PETITIONER DTD. 3/02/2010 (EXCLUDING ANNEXURE). RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 33980 of 2009 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of March, 2010 J U D G M E N T The petitioners are Peon/Full-Time Menial in the 3rd respondent's aided school. Pursuant to Ext.P1 judgment of this court, they joined duty on 21.01.2009. But they are not getting any salary or any other benefits, since the 2nd respondent has not so far approved the appointment of the petitioners. The 2nd respondent sought clarification from the Government. According to the petitioners the point sought to be clarified is already covered by another Government order issued in the case of similarly situated employees. Still the 2nd respondent is not approving the appointment of the petitioners is the original grievance of the petitioners, in this writ petition. In view of the same, this court by interim order directed the 2nd respondent to take a decision in the matter. Accordingly orders have been passed by the 2nd respondent which are adverse to the petitioners. Therefore the petitioners have filed Exts.P10 & W.P.(C)No. 33980 of 2009 -2- P11 appeals before the additional 4th respondent. Petitioners now seek a direction to the additional 4th respondent to consider and pass orders on Exts.P10 & P11 as expeditiously as possible. 2. I have heard the learned Government Pleader also. In the facts and circumstances of the case, I dispose of this writ petition with a direction to the additional 4th respondent to consider and pass orders on Exts.P10 & P11 as expeditiously as possible, at any rate within a period of one month from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioners, as well as the manager of the school. 3. It would be open to the petitioners to rely on Ext.P5 oder or any other material in support of their claim, the applicability of which can also be considered by the additional 4th respondent while passing orders in the matter. S. SIRI JAGAN JUDGE shg/