FR SEBASTIAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The first petitioner is the Manger of Mary Matha High School, Panthalampadam, Panniankara. The second petitioner is the High School Assistant (Hindi) in that school. It is stated that the first petitioner appointed the second petitioner as High School Assistant (Hindi) with effect from 2.6.2008 against the retirement vacancy of Manju Samual, HSA (Hindi). Approval was not granted by the District Educational Officer as per the order dated 4.10.2008 (Exhibit P1) stating that the appointment cannot be approved as the Manager did not appoint a protected teacher. The Manager filed an appeal against Ext.P1 before the Deputy Director of Education, who as per Ext.P2 order dated 9.6.2009 rejected the appeal upholding Ext.P1 order. The appeal filed before the Director of Public Instruction was dismissed by him as per Ext.P3 order dated 17.12.2009. Against Ext.P3, the first petitioner has filed Ext.P4 revision dated 16.2.2010 before the Government. Ext.P4 revision is pending disposal.

(2.) The petitioners submit that the orders passed by the authorities below are erroneous in the light of Ext.P5 Government Order and Ext.P6 circular. The petitioners also rely on Exts.P7 and P8 judgments.

(3.) The reliefs prayed for in the Writ Petition are the following :