IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 2ND APRIL 2009 / 12TH CHAITHRA 1931 WP(C).No. 33219 of 2008(D) -------------------------- PETITIONER: --------------- T.P.SUBAIDA, W/O.MOHAMMED ABDU RAHMAN, AGED 43 YEARS, CHEROOR HOUSE, P.O.MUNDA, VIA.EDAKKARA, MALAPPURAM 679 331 (FORMER PEON, M.O.U.P.SCHOOL, MUNDA). BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENTS: --------------- 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, TRIVANDRUM-14. 3. THE DEPUTY DIRECTOR OF EDUCATION, DOWN HILL, MALAPPURAM DISTRICT. 4. THE DISTRICT EDUCATIONAL OFFICER, WANDOOR, MALAPPURAM DISTRICT. 5. THE ASSISTANT EDUCATIONAL OFFICER, NILAMBUR, MALAPPURAM DISTRICT. 6. SRI.KALATHINKAL HAMSA HAJI, MANAGER, M.O.U.P.SCHOOL, MUNDA, VIA.EDAKKARA, MALAPPURAM 679 331. WP(C).No. 33219 of 2008(D) : 2 : 7. SRI.ABOOBACKER, PEON (NOT APPROVED), M.O.U.P.SCHOOL, MUNDA, VIA.EDAKKARA, MALAPPURAM 679 331. ADV. SRI.N.SUGATHAN FOR R6 SMT.VARSHA BHASKAR FOR R6 SMT.P.V.ASHA FOR R7 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 33219 of 2008(D) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE APPOINTMENT ORDER ALONG WITH THE APPROVAL THEREOF 1.1.2002/12.6.2002 EXT.P2 : COPY OF THE RELEVANT PAGESOF THE SERVICE BOOK EXT.P3 : COPY OF THE APPOINTMENT ORDER ALONG WITH APPROVAL THEREOF DATED 14.11.2002/30.12.2002 EXT.P4 : COPY OF THE COMMUNICATION DATED 18.3.2008 EXT.P5 : COPY OF THE LETTER DATED 27.8.2008 EXT.P6 : COPY OF THE LETTER DATED 30.6.2008 EXT.P7 : COPY OF THE LETTER DATED 30.6.2008 EXT.P8 : COPY OF THE REPRESENTATION DATED 13.10.2008 //TRUE COPY// PA TO JUDGE P.N.RAVINDRAN, J. ----------------------------- W.P(C) No. 33219 of 2008-D ------------------------------ Dated this the 2nd day of April, 2009. J U D G M E N T Heard Sri.M.Sajjad, the learned counsel appearing for the petitioner, Sri.V.T.K.Mohanan, the learned Government Pleader appearing for respondents 1 to 5, Sri.N.Sugathan, the learned counsel appearing for the sixth respondent and Smt.P.V.Asha, the learned counsel appearing for seventh respondent. 2. The sixth respondent Manager appointed the petitioner as Peon in a leave vacancy during the period from 1.1.2001 to 24.5.2001. That appointment was not approved. The petitioner carried the matter in appeal and revision. Ultimately the Government by Ext.P4 letter dated 18.3.2008 directed the Assistant Educational Officer, Nilambur to approve the petitioner's appointment as Peon during the period from 1.1.2001 to 24.5.2001, if she is otherwise eligible. One of the grievances voiced by the petitioner in this writ petition is that no follow up action has been taken pursuant to Ext.P4. The petitioner was again appointed as Peon by Ext.P1 order dated 1.1.2002 in a leave vacancy for the period from 1.1.2002 to 31.3.2002. That appointment was W.P(C) No. 33219 of 2008-D 2 approved by the Assistant Educational Officer by order passed on 12.6.2002. The petitioner was reappointed as Peon on 14.11.2002 in a leave vacancy for the period from 14.11.2002 to 28.2.2003. That appointment was also approved by the Assistant Educational Officer, Nilambur by the order passed on 30.12.2002. A regular vacancy of Peon arose on 30.6.2008. According to the petitioner, instead of appointing her, the Manager appointed the seventh respondent in that vacancy. The petitioner objected to the said appointment by submitting Exts.P6 and P7 representations addressed to the Manager and the Assistant Educational Officer. The Assistant Educational Officer declined to approve the seventh respondent's appointment by order passed on 2.12.2008. The learned counsel appearing for the sixth respondent submits that challenging the order passed by the Assistant Educational Officer on 2.12.2008 declining to approve the seventh respondent's appointment, the sixth respondent Manager has filed Ext.R6(a) appeal before the District Educational Officer, Wandoor. 3. In the writ petition the petitioner seeks two main reliefs. The first one is approve her appointment as Peon during the period W.P(C) No. 33219 of 2008-D 3 from 1.1.2001 to 24.5.2001. The Government have by Ext.P4 letter dated 18.3.2008 directed the Assistant Educational Officer to approve the petitioner's appointment if she is otherwise eligible. In view of Ext.P4, the Assistant Educational Officer is bound to pass consequential orders either approving the said appointment or declining to grant approval if reasons exist therefor. I accordingly direct the Assistant Educational Officer to pass consequential orders in the matter of approving the appointment of the petitioner as Peon in the sixth respondent's school during the period from 1.1.2001 to 24.5.2001. This shall be done within three months from the date of receipt of a certified copy of this judgment. 4. The second relief sought by the petitioner is not approve the seventh respondent's appointment as Peon in the vacancy that arose on 30.6.2008. The pleadings disclose that the Assistant Educational Officer has by order passed on 2.12.2008 declined to approve the appointment of the seventh respondent's appointment and that the Manager has filed Ext.R6(a) appeal before the District Educational Officer, challenging the said order. In view of the fact that the Manager has filed an appeal challenging the order passed W.P(C) No. 33219 of 2008-D 4 by the Assistant Educational Officer declining to approve the seventh respondent's appointment, the only relief that can be granted to the petitioner is to direct the District Educational Officer before whom Ext.R6(a) appeal is pending to pass final orders thereon after notice to and affording the petitioner and respondents 6 and 7 a reasonable opportunity of being heard. Final orders with the matter shall be passed within three months from the date of production of a copy of this judgment. The contentions of both parties on the merits are kept open. Sd/- P.N.RAVINDRAN JUDGE //True Copy// PA to Judge ab