IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 26TH MARCH 2009 / 5TH CHAITHRA 1931 WP(C).No. 9858 of 2009(B) -------------------------------------- PETITIONER(S): ------------------------ SUMITHRA.S.,D/O.R.CHANDRAN PILLAI, VISHNU BHAVAN,PAVUMBA,KARUNAGAPPALLY,KOLLAM (LPSA,KIZHAKKEN OTHERA LOWER PRIMARY SCHOOL, KIZHAKKEN OTHERA,THIRUVALLA). BY ADVS. MR.S.SUBHASH CHAND, SMT.M.P.MARY. RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM. 2. DIRECTOR OF PUBLIC INSTRUCTION, OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, THIRUVALLA. 4. ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, PULLAD,THIRUVALLA. 5. MANAGER,KIZHAKKEN OTHERA LOWER PRIMARY SCHOOL,OTHERA P.O.,THIRUVALLA. BY SR. GOVERNMENT PLEADER MR. A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.N.RAVINDRAN, J. ----------------------------- W.P(C) No. 9858 of 2009-B ------------------------------ Dated this the 26th day of March, 2009. J U D G M E N T Heard. Sri.S.Subhash Chand the learned Counsel appearing for the petitioner and Sri.A.J.Varghese, the learned Government Pleader appearing for respondents 1 to 4. In the nature of the order that I propose to pass it is not necessary to issue notice to or hear the fifth respondent. 2. The petitioner is presently working as Lower Primary School Assistant (LPSA for short) in the fifth respondent’s school. The fifth respondent’s school is an uneconomic school. The petitioner was appointed in a leave vacancy and that appointment was approved as a leave substitute. The Headmaster of the school retired from service on 31.3.2007. In that vacancy the senior most UPSA was appointed as Headmaster. The appointment of the new Headmaster was approved. In the resultant vacancy of LPSA, the petitioner was appointed by Ext.P4 order dated 1.6.2007 on a regular basis. Relying on Ext.P3 Government order, the Assistant Educational Officer declined to approve the said appointment on the W.P(C) No. 9858 of 2009-B 2 ground that vacancies arising in uneconomic school after 12.10.2006 cannot be filled up in view of Ext.P5 circular. The Manager filed an appeal before the District Educational Officer. That was rejected by Ext.P8 order dated 12.2.2006. He thereupon moved the Director of Public Instruction in revision petition. That was also rejected by Ext.P9 order dated 13.8.2008. The Manager has, aggrieved by the orders passed by the Educational Officers and the Director of Public Instruction filed Ext.P10 revision petition before the State Government. The petitioner has also filed Ext.P11 representation before the State Government seeking approval of her appointment. In this writ petition, the petitioner inter-alia prays for a direction to the Government to consider and pass orders on Ext.P10 revision petition and Ext.P11 representation within a time limit to be fixed by this Court. 3. The pleadings disclose that the petitioner’s appointment in a regular vacancy of LPSA was not approved for the reason that there is a ban on filling up vacancies arising after 12.10.2006 in uneconomic schools. The Educational Officers and the Director of Public Instruction have declined to approve the petitioner’s W.P(C) No. 9858 of 2009-B 3 appointment in the regular vacancy with effect from 1.6.2007. The Manager has, aggrieved by the same moved the Government in revision by filing Ext.P10 revision petition. The petitioner has subsequently filed Ext.P11 representation. Since the Manager has invoked a statutory remedy available to him I am of the opinion that the Government should consider the same and pass orders thereon expeditiously. In these circumstances I dispose of this writ petition with a direction to the Government to consider Ext.P10 revision petition and also Ext.P11representation after notice to and affording the petitioner and the fifth respondent Manager a reasonable opportunity of being heard. Final orders in the matter shall be passed within three months from the date on which the petitioner produces a certified copy of this judgment. P.N.RAVINDRAN JUDGE ab W.P(C) No. 9858 of 2009-B 4