IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 21609 of 2008(V)
1. PREETHAKUMARY P.G., H.S.A. (NS)
... Petitioner
Vs
1. DISTRICT EDUCATIONAL OFFICER
... Respondent
2. DEPUTY DIRECTOR OF EDUCATION
3. DIRECTOR OF PUBLIC INSTRUCTIONS
4. MANAGER
For Petitioner :SRI.S.MUHAMMED HANEEFF
For Respondent : No Appearance
The Hon'ble MR. Justice K.T.SANKARAN
Dated :17/07/2008
O R D E R
K.T. SANKARAN,J.
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W.P.(C) No.21609 of 2008 V
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Dated this the 17th day of July, 2008.
J U D G M E N T
In the manner in which I propose to dispose of the Writ
Petition, it is not necessary to issue notice to fourth respondent. Government
Pleader takes notice for respondents 1 to 3.
2. The petitioner states that she was appointed as High
School Assistant (Natural Science) in the fourth respondent’s school for the
period from 22.7.1993 to 7.6.1998 in the leave vacancy of Shri Alexander
Panicker, who availed leave without allowance for a period of five years. The
appointment of the petitioner was approved as per Ext.P1 order dated
22.7.1993. Shri Alexander Panicker sought for extension of leave for a further
period of five years from 8.6.1998 to 7.6.2003. Petitioner was again appointed
in that vacancy and that appointment was approved as per Ext.P2 order dated
8.6.1998. Shri Alexander Panicker again applied for extension of leave for a
further period of three years from 8.6.2003 to 7.6.2006 and it was granted.
Accordingly the petitioner was again appointed in that vacancy. That
appointment was also approved as per Ext.P3 order dated 8.6.2003.
WP(C) No.21609/2008
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2. It is stated that Shri Alexander Panicker did not join
duty after leave on 8.6.2006. His leave was not extended thereafter. Though
he applied for voluntary retirement, that request was not granted. He
unauthorisedly absented from duty. He would have retired on superannuation
on 31.3.2008 if he had continued in service, states the petitioner. The
petitioner continued in service even after 8.6.2006. The Manager placed the
matter for approval before the District Educational Officer. It is stated that the
District Educational Officer did not grant approval on the ground that there was
no established vacancy. The order passed by the District Educational Officer
was confirmed by the Deputy Director of Education. Petitioner has filed Ext.P4
appeal dated 12.5.2008 before the Director of Public Instruction, challenging the
order passed by the Deputy Director of Education. Ext.P4 appeal is pending
disposal.
3. The reliefs prayed for in the Writ Petition are the
following:-
“a. Issue a writ of mandamus
or any other appropriate writ order or direction
directing the respondents no.1 to 3 to approve
the appointment of the petitioner from 08-06-
2006 onwards and sanction and disburse salary
to her without any further delay.
WP(C) No.21609/2008
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b. Issue a writ of mandamus
or any other appropriate writ order or direction
directing the 3rd respondent to consider and
pass orders on Ext.P4 statutory appeal in
accordance with law within the time limit fixed
by this Hon’ble Court and after hearing the
petitioner.
c. Issue such other
appropriate writ, order or direction, as this
Hon’ble Court deems ft and proper in the facts
and circumstances of the case.”
4. The learned counsel for the petitioner submits that the
petitioner would be satisfied, for the present, if a direction is issued to the
Director of Public Instruction to dispose of Ext.P4 appeal within a time frame,
leaving open the other remedies to be worked out at appropriate stage.
In the facts and circumstances of the case, the Writ Petition is
disposed of as follows:-
(i) The Director of Public Instruction shall dispose of Ext.P4
appeal, after affording an opportunity of being heard to the petitioner and the
fourth respondent Manager, as expeditiously as possible and at any rate within
a period of two months.
WP(C) No.21609/2008
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(ii) The petitioner shall produce a copy of the Writ Petition and
certified copy of the judgment before the Director of Public Instruction.
(iii) The petitioner shall send a copy of the judgment to the
fourth respondent by registered post, and shall produce proof of the same
before the Director of Public Instruction.
K.T. SANKARAN,
JUDGE.
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