IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 21ST JUNE 2011 / 31ST JYAISHTA 1933 WP(C).No. 14510 of 2011(K) -------------------------------- PETITIONER: -------------- RAJIMOL V.O., W/O. SUPRAKASH, AMBEERATHU HOUSE, ERAMELLIKARA, CHENGANNOOR, (PEON, DEVASWOM BOARD, UPPER PRIMARY SCHOOL, CHAMGANKARY P.O., EDATHUVA). BY ADVS. SRI.S.SUBHASH CHAND SRI.T.NIKLAVU SMT.V.AJITHA RESPONDENTS: ----------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION (N), GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM-695 001. 3. THE DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, THIRUVALLA-689 101. 4. THE CORPORATE MANAGER, TRAVANCORE DEVASWOM BOARD SCHOOLS/SECRETARY, TRAVANCORE DEVASWOM BOARD, DEVASWOM BUILDINGS, NANDHANCODE, THIRUVANANTHAPURAM-695 001. ADDL. R5. V. SURESHKUMAR, DEVASWOM BOARD HIGHER SECONDARY SCHOOL, THIRUVALLA. WP(C).No. 14510/2011 ADDL. R6. R. KRISHNAVENI, DEVASWOM BOARD HIGH SCHOOL, THRIKKARIYOOR. (ADDL. RESPONDENTS 5 AND 6 ARE IMPLEADED AS PER ORDER IN I.A.9143/2011 DATED 21.06.2011) BY SMT. NISHA BOSE, GOVERNMENT PLEADER FOR R1 TO R3. SRI. K.N. VENUGOPALA PANICKER, SC FOR R4. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.14510/2011 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF APPOINTMENT ORDER DTD. 10.11.00. EXT. P2 : COPY OF APPOINTMENT ORDER DTD. 1.2.02 ISSUED BY R4. EXT. P3 : COPY OF JUDGMENT DTD. 5.8.02 IN OP.3857/02 PASSED BY THIS COURT. EXT. P4 : COPY OF JUDGMENT DTD. 18.11.05 PASSED BY THIS COURT IN WP(C) 24212/05. EXT. P5 : COPY OF ORDER DTD. 13.3.06 ISSUED BY THE Deputy Director of Education,KOTTAYAM. EXT. P6 : COPY OF PROVISIONAL SENIORITY LIST OF FULL TIME MENIAL AS ON 1.1.08 UNDER TRAVANCORE DEVASWOM BOARD SCHOOLS. EXT. P7 : COPY OF REVISION PETITION DTD. 6.4.11 BEFORE R1. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.14510 OF 2011 --------------------------------------- Dated this the 21st day of June, 2011. J U D G M E N T The petitioner is presently working as Peon in the Devaswom Board Upper Primary School which is managed by the 4th respondent. Initially, the petitioner was appointed as Full Time Menial in a vacancy which arose from 10.11.2000 to 10.01.2001 in the Devaswom Board Higher Secondary School, Parumala. The said appointment was approved from 10.11.2000 as evident from Ext.P1. Later a permanent vacancy of Full Time Menial arose in the Devaswom Board Higher Secondary School, Parumala when one Sri.Rajeshkumar was promoted in the existing vacancy and accordingly, the petitioner was appointed as Full Time Menial by Ext.P2 order. It is pointed out that the appointment was approved in revision with effect from 28.03.2003. According to the petitioner, the petitioner was entitled to have the appointment approved from 01.02.2002 itself. W.P.(C) No.14510/2011 2 2. Presently, the petitioner's grievance is regarding the seniority as against the additional respondents 5 and 6 and others. Ext.P7 revision petition filed by the petitioner before the 1st respondent under Rule 92 of Chapter XIVA KER is pending and the petitioner seeks for an early hearing of the matter. I am not expressing anything on the merits of the claim. It is upto the Government to take a decision on Ext.P7, after hearing the petitioner, 4th respondent, the additional respondents 5 and 6 and any other affected parties and in accordance with law within a period of five months from the date of receipt of a copy of this judgment. The petitioner will forward a copy of this judgment along with a copy of the writ petition for compliance. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp