IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 11TH AUGUST 2009 / 20TH SRAVANA 1931 WP(C).No. 22791 of 2009(T) -------------------------- PETITIONER(S): --------------- BIJOSH.K.VARGHESE, H.S.A.(N.S.) JERUSALEM MOUNT HIGH SCHOOL, VAKATHANAM, KOTTAYAM, RESIDING AT KADUTHATTU HOUSE, PAMPADY P.O., KOTTAYAM. BY ADV. SRI.S.JAYAKRISHNAN RESPONDENT(S): --------------- 1. STATE OF KERALA,REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, GENERAL EDUCATION(A) DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHI, TRIVANDRUM. 3. THE DEPUTY DIRECTOR OF EDUCTION, ERNAKULAM. 4. THE DEPUTY DIRECTOR OF EDUCATION, KOTTAYAM. 5. THE DISTRICT EDUCATIONAL OFFICER, ALUVA. 6. THE MANAGER, CATHOLICATE AND M.D.SCHOOLS DEVALOKAM, KOTTAYAM. R1 TO R5 BY G.P. SHRI A.J. VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 22791 of 2009-T - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of August, 2009. JUDGMENT The petitioner herein is working as H.S.A. (Natural Science) in the school managed by the 6th respondent. He entered service as U.P.S.A. on 7.8.2000 and was promoted as H.S.A. from 1.10.2002 to 31.3.2003 in RMHSS, Vadavucode against the leave vacancy of one Shri M.V. Mathew. Thereafter, he faced a reversion as UPSA on 1.4.2003 and was posted at M.G.M. High School, Puthuppadi, Kozhikode District. The subsequent promotion is on 9.7.2003 as H.S.A. (Natural Science) and accordingly he was posted at Chunkathara, Malappuram. Presently,he is working as H.S.A. (NS) at Jerusalem Mount High School, Vakathanam. 2. Initially, the proposal for approval was rejected by respondents 3 and 5 for the reason that the leave of Shri M.V. Mathew has not been sanctioned. This was challenged by the Manager by filing statutory appeal before the second respondent and the appeal was also rejected as per Ext.P1. The Manager thereafter has filed Ext.P2 revision which is still pending. The petitioner submits that the leave applied for by Shri M.V. Mathew for the second spell was not sanctioned and the 6th respondent appointed one wpc 22708/2009 2 Smt. Bindu Abraham in the leave vacancy of Shri M.V. Mathew for the period from 27.11.2001 to 25.3.2003. The said Bindu Abraham was transferred from R.M.H.S.S., Vadavucode and posted in St. Thomas High School, Karthigappally with effect from 17.6.2002 in the transfer vacancy of Smt. Anila George, as per Ext.P3. The appointment of Smt. Bindu Abraham for the period from 27.11.2001 stands approved as per Ext.P4 order. It is the case of the petitioner that he was admitted against the transfer vacancy of Smt. Bindu Abraham and therefore, in the light of Ext.P5 which is an order permitting Shri M.V. Mathew to join duty, the petitioner's appointment has to be approved. The petitioner filed Ext.P6 representation before the first respondent pointing out these aspects. It is prayed that Exts.P2 and P6 may be directed to be disposed of within a time frame. 3. There will be a direction to the first respondent to take a decision on Exts.P2 and P6 after hearing the petitioner and the 6th respondent, within a period of four months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/