M K NARENDRANATH Vs. STATE OF KERALA

JUDGEMENT

(1.) THE first petitioner Manager appointed the second petitioner as LPSA in L.P.School, Konnappara from 1.6.2007 onwards against the transfer vacancy of one Sreeja.V., LPSA, who was transferred to another school under the same educational agency as UPSA on promotion. THE Assistant Educational Officer, Konni, as per Ext.P2 order dated 15.10.2007, rejected the approval of appointment of the petitioner on the ground that the transfer of Sreeja.V. was not approved. THE Manager filed appeal before the District Educational Officer, Pathanamthitta, which was also rejected as per Ext.P3 order dated 16.1.2008. THE Additional Director of Public Instruction confirmed Ext.P3 order in Ext.P4 order dated 22.1.2009. Though a Revision was filed before the Government, that was also rejected as per Ext.P8 order dated 12.6.2009, on the ground that the appointment of Sreeja.V. was not approved.

(2.) ALL the aforesaid authorities were under the erroneous impression that the appointment of Sreeja.V. was not approved. In fact, the District Educational Officer, Pathanamthitta had issued Ext.P5 certificate dated 20.11.2008, certifying that transfer of Sreeja.V. was approved by the District Educational Officer as per the order dated 1.1.2008. Though the transfer of Sreeja.V. was approved on 1.1.2008, still the District Educational Officer rejected the appeal and the appointment of the petitioner was not approved as per the order dated 16.1.2008. In spite of the certificate issued by the District Educational Officer, the Director of Public Instruction as well as the Government passed orders rejecting the proposal for approval of the appointment of the petitioner.