IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 1506 of 2009(D)
1. MANJULA DEVI, HIGH SCHOOL ASSISTANT,
... Petitioner
2. SHEENA NAZ,
3. SHEEBA BEEVI S,
4. DEEPTHI S,
5. SINDHU M.K.,
6. DHANYA RANI G,
Vs
1. THE STATE OF KERALA, REPRESENTED
... Respondent
2. THE DISTRICT EDUCATIONAL OFFICER,
3. P. NIZAM, MANAGER, MUSLIM BOYS HIGH
For Petitioner :SRI.M.RAJAGOPALAN NAIR
For Respondent : No Appearance
The Hon'ble MR. Justice K.T.SANKARAN
Dated :14/01/2009
O R D E R
K.T.SANKARAN, J.
------------------------------------------------------
W.P.(C) NO. 1506 OF 2009 D
------------------------------------------------------
Dated this the 14th January, 2009
JUDGMENT
Petitioners 1 to 5 are High School Assistants working in Muslim
Girls Higher Secondary School, Kaniyapuram. Petitioner No.6 is Upper
Primary School Assistant working in Muslim Boys High School. The third
respondent is the Manager of Muslim Girls Higher Secondary School as
well as Muslim Boys High School. It is stated that the first petitioner was
promoted as H.S.A. (Physical Science) as per Ext.P1 order dated
2.6.2008; the second petitioner was promoted as H.S.A. (Social Science)
as per Ext.P2 order dated 1.7.2008; the third petitioner was promoted as
H.S.A. (Social Science) as per Ext.P3 order dated 10.7.2008; the fourth
petitioner was promoted as H.S.A. (Physical Science) as per Ext.P4 order
dated 2.6.2008; the fifth petitioner was re-appointed as H.S.A. (Hindi) as
per Ext.P5 order dated 2.6.2008 and the sixth petitioner was re-appointed
as U.P.S.A. as per Ext.P6 order dated 2.6.2008. It is stated that the third
respondent Manager forwarded the proposals for approval of
appointments of the petitioners to the District Educational Officer. Since
the District Educational Officer did not pass any order on the proposals for
approval, the petitioners submitted Ext.P8 representation dated 1.1.2009
to the District Educational Officer. The grievance of the petitioners is that
W.P.(C) NO. 1506 OF 2009
:: 2 ::
the District Educational Officer has not considered the proposals for
approval of their appointments within the time prescribed under Rule 8(2)
of Chapter XIVA of the Kerala Education Rules. Rule 8(2) reads as
follows:
“(2) The Educational Officer on receipt of the
appointment order and other records mentioned in sub-rule
(1) may approve the appointment if it is in accordance with
the provisions of the Act, the Rules and orders issued by the
Government or the Director from time to time. After approval
one copy shall be forwarded by the Educational Officer to
the teacher through the Manager and another copy
forwarded to the Manager to be filed in the school records.
the approval may be given as expeditiously as possible at
any rate not later than 30 days from the date of receipt of the
appointment order and other documents mentioned in sub-
rule (1).”
2. The reliefs prayed for in the Writ Petition are the following:
“i) To declare that the promotions of the petitioners 1 to
4 by Exhibits P1 to P4 proceedings of the Manager
and appointments of petitioners 5 and 6 by Exhibits
P5 and P6 proceedings are liable to be approved;
ii) To issue a writ of mandamus or other appropriate writ
or direction, commanding the 2nd respondent to pass
orders of approval of the petitioners promotions and
postings considering Exhibit P8 application and
hearing them also;
and
iii) Grant such other reliefs which this Hon’ble Court
deems fit to grant considering the facts and
circumstances of the case.”
3. Learned counsel for the petitioners submits that, for the time
being, the petitioners would confine their relief to relief (ii). Learned
W.P.(C) NO. 1506 OF 2009
:: 3 ::
Government Pleader submits that the District Educational Officer will pass
appropriate orders on Ext.P8 and would also consider the proposals for
approval of appointments of the petitioners without delay.
In the facts and circumstances of the case, the Writ Petition is
disposed of as follows:
a) The District Educational Officer, Thiruvananthapuram shall
consider and dispose of the proposals for approval of promotions
and appointments of the petitioners, as evidenced by Exts.P1 to
P6, and also consider and dispose of Ext.P8 representation as
expeditiously as possible and, at any rate, within a period of fifteen
days from the date of receipt of a copy of the judgment.
b) The petitioners shall produce certified copy of the judgment and a
copy of the Writ Petition before the District Educational Officer,
Thiruvananthapuram.
(K.T.SANKARAN)
Judge
ahz/