JUNU N RAJ Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is presently working as H.S.A. (Physical Science) in St. Paul's G.H.S., Vettimukal. The petitioner was initially appointed in a leave vacancy in St.Joseph's G.H.S., Mundakayam from 16.6.1997 to 11.8.1997 which was approved by the District Educational Officer. Later, the petitioner was appointed in a permanent vacancy on 2.6.1999 in Little Flower G.H.S., Munnar. Thereafter, the petitioner was transferred to St.Joseph's G.H.S., Mundakayam. While so, a permanent vacancy of H.S.A. (Physical Science) arose in St.Paul's G.H.S., Vettimukal due to voluntary retirement of Salilamma Thomas. The petitioner was transferred and posted in the said vacancy by Exhibit P1 order of appointment dated 30.5.2009. The District Educational Officer rejected the proposal for approval of appointment of the petitioner, by Exhibit P2 order dated 5.8.2009. Exhibit P2 was challenged in appeal by the Manager and also by the petitioner before the Deputy Director of Education, which were dismissed as per Exhibit P3 order dated 7.11.2009. The Manager preferred an appeal before the Director of Public Instruction, which was dismissed as per Exhibit P5 order dated 23.6.2010. The petitioner filed Exhibit P6 revision dated 8.9.2010 before the Government challenging Exhibit P5 order. Exhibit P6 revision is pending disposal. It is submitted that the Manager has also filed Exhibit P8 revision dated 9.9.2010 before the Government. The contention of the petitioner is that Exhibit P10 order dated 15.11.2008 issued by the Director of Public Instruction is relevant in the present case and therefore, there is no impediment in approving the appointment of the petitioner.

(2.) Since Exhibits P6 and P8 are pending before the Government, it is not necessary to decide the Writ Petition on the merits on the question of approval of appointment of the petitioner. Though several reliefs are prayed for in the Writ Petition, the learned counsel for the petitioner submitted that for the time being, a direction to dispose of the revisions would be sufficient.

(3.) In the facts and circumstances, the Writ Petition is disposed of as follows: