IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 18932 of 2009(J)
1. FATHIMA.U.M,ULLAMPUZHAYIL,
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY THE
... Respondent
2. THE DIRECTOR OF PUBLIC INSTRUCTIONS,
3. THE DEPUTY DIRECTOR OF EDUCATION,
4. THE ASST.EDUCATIONAL OFFICER,N.PARAVUR.
5. THE MANAGER,A I S U P.SCHOOL,MANJALY,
For Petitioner :SRI.KKM.SHERIF
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :02/03/2010
O R D E R
S. Siri Jagan, J.
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W.P(C) Nos. 18932/2009 & 4265/2010
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Dated this, the 2nd day of March, 2010.
J U D G M E N T
W.P(C) No. 18932/2009 is filed by a UPSA appointed by the
petitioner in W.P(C) No. 4265/2010 as the manager of AISUP School,
Manjaly, North Paravoor. She was originally a peon working in a
substantive vacancy. When a vacancy of UPSA arose in the school,
since she had the qualifications prescribed for the post of UPSA,
treating her as a Rule 43 claimant, she was promoted as UPSA. That
appointment was refused to be approved by the authorities on the
ground that her appointment to the post of peon itself was irregular
and therefore, her promotion is also consequently irregular. Against
the refusal to approve the appointment of the petitioner in W.P(C).No.
18932/2009, the manager filed a revision before the Government.
That was kept pending on the ground that W.P(C).No. 18932/2009
filed by the teacher is pending. It is under the above circumstances,
the manager has filed W.P(C).No. 4265/2010 seeking a direction to
the Government to dispose of the revision petition filed by the
petitioner.
2. I have heard the parties including the Government Pleader.
3. It is not disputed before me that if the petitioner in W.P(C)
No. 18932/2009 was appointed in the vacancy of UPSA as a direct
recruit, there could not have been any objection except, of course,
the objection of the Government on the basis of G.O(P) No.
104/08/G.Edn dated 10-6-2008, which has been quashed by this Court
in respect of which a Special Leave Petition is pending before the
Supreme Court. Therefore, I put it to the learned Government
Pleader as to whether the Government have any objection in
approving the appointment of the petitioner in W.P(C) No.
18932/2009 as an appointment by direct recruitment. The 4th
respondent filed a counter affidavit stating that such an appointment
W.P.C. Nos. 18932/09 & 4265/2010 -: 2 :-
can be approved only if the appointing authority forwards to the 4th
respondent an appointment order appointing the teacher as a direct
recruit. In the above circumstances, these writ petitions are disposed
of with the following directions:
The manager shall forward an appointment order appointing the
petitioner in W.P(C) No. 18932/2009 as a direct recruit to the vacancy
of UPSA, which has arisen with effect from 1-7-2008. The same shall
be approved by the 4th respondent as expeditiously as possible, at any
rate, within one month from the date of receipt of a copy of this
judgment. I make it clear that this would be subject to the result of
the SLP pending before the Supreme Court in respect of G.O(P) No.
104/08/G.Edn dated 10-6-2008.
Sd/- S. Siri Jagan, Judge.
Tds/