SOORYA.K. Vs. DIRECTOR OF PUBLIC INSTRUCTION

JUDGEMENT

(1.) THE petitioners are teachers working in P.T.M.Higher Secondary School, Thazhekkode West. The first petitioner was appointed as High School Assistant (English) by Ext.P1 appointment order dated 2.6.2008 in the vacancy of Smt.Geetha Nair, who was promoted as Higher Secondary School Teacher (English) in a leave vacancy for the period from 19.12.2007 to 17.12.2012. The District Educational Officer, Malappuram declined to approve the appointment by Ext.P2 order on the ground that the appointment of a senior teacher namely, Smt.Saheera Parayil as High School Assistant (English) with effect from 1.6.2007 has not been approved and that the Manager is bound to appoint a protected hand in terms of G.O.(P) No.46/2006/G.Edn. dated 1.2.2006. Aggrieved by Ext.P2 order, the Manager of the school filed an appeal dated 12.1.2009 before the Deputy Director of Education, Malappuram. Taking note of the fact that the appointment of Smt.Saheera Parayil has been approved and the further fact that there is no protected teacher in the category of High School Assistant (English) in Malappuram District. By Ext.P2 order passed on 1.6.2009 the Deputy Director of Education allowed the appeal and directed the District Educational Officer, Malappuram to approve the first petitioner's appointment as per Ext.P1 appointment order, if it is otherwise in order. The first petitioner has however not stated whether pursuant to the said direction, her appointment as High School Assistant (English) has been approved with effect from 2.6.2008. A copy of the order passed in that regard is also not produced.

(2.) THE first petitioner was again appointed as High School Assistant (English) by Ext.P4 order dated 1.6.2011 in a regular vacancy which arose on the appointment of Smt.Ambujakshi.K, High School Assistant (Mathematics) as Headmaster. The District Educational Officer, Malappuram declined to approve the said appointment by Ext.P5 order dated 6.3.2012 on the ground that her previous appointment has not so far been approved and also on the ground that Sri.Shaji Muhammed Mustafa, Upper Primary School Assistant has objected to the first petitioner's appointment by filing a representation before the Government. Ext.P5 order is under challenge in this writ petition.

(3.) THE third petitioner was first appointed as High School Assistant (English) in the leave vacancy of Smt. Geetha Nair, High School Assistant (English), who was promoted as Higher Secondary School Teacher, (English) in a leave vacancy during the period from 19.12.2007 to 17.12.2012, as per Ext.P11 appointment order dated 1.6.2011. The District Educational Officer, Malappuram declined to approve the said appointment by Ext.P12 order dated 6.3.2012 inter alia on the ground that the first petitioner's appointment has not so far been approved. Ext.P12 order is under challenge in this writ petition.