DIRECTOR OF POLICE INSTRUCTIONS Vs. MINI JOSEPH

JUDGEMENT

(1.) THE respondents 1 to 3 in the Original Petition are the appellants. The 1st respondent herein was the petitioner. The 1st respondent approached this Court, claiming approval of her appointment made as per Ext. P1 with effect from 5. 2. 1996 without any time-limit, so that she can draw salary till the end of that academic year and also during the ensuing midsummer vacation.

(2.) THE brief facts of the case are the following: The Headmaster of the 2nd respondent's school sought voluntary retirement and as a result, a vacancy arose in that post with effect from 1. 2. 1996. The seniormost H. S. A. Smt. P. T. Annamma was promoted as Headmistress with effect from the said date. In the resultant vacancy, the 1st respondent was appointed as a probationary teacher on 5. 2. 1996. The manager, by Ext. P2 communication, sought approval of that appointment. But, the d. E. O. , by Ext. P3 order dated 4. 3. 1996, declined to approve the appointment of the 1 st respondent. The D. E. O. took the view that since the schools are going to be closed by the end of March, the vacancy does not have a duration of two months. Therefore, her appointment is irregular. This view was taken, apparently, relying on sub-r. (3) of R. 7a of Chap. XIVA of the K. E. R. The 2nd respondent Manager appealed by filing Ext. P4 before the Deputy Director (Education) (2nd appellant ). During the pendency of the appeal, the 1st respondent was again appointed as H. S. A. (Maths)on 3. 6. 1996.

(3.) THE appeal filed by the Manager was rejected by the Deputy Director (Education), by Ext. P7 order. The Manager moved the Director of Public Instruction (1 st appellant), challenging Ext. P7 by filing Ext. P8. The D. P. I, also dismissed the said motion by Ext. P10 order. In the meantime, the appointment of the 1 st respondent as H. S. A. (Maths) with effect from 3. 6. 1996 was already approved by the D. E. O. Aggrieved by the non-approval of her appointment from 5. 2. 1996, the Original petition was filed.