IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 27TH MAY 2010 / 6TH JYAISHTA 1932 WP(C).No. 16265 of 2010(G) PETITIONER(S): --------------- RENJAN MATHEW, AGED 35 YEARS, S/O.P.J.MATHEW, HIGH SCHOOL ASSISTANT (SOCIAL STUDIES) ESWARA VILASAM HIGH SCHOOL, NADUVATHUR, P.O.NEELESWARAM, KOTTARAKKARA, KOLLAM DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DEPUTY DIRECTOR OF EDUCATION, KOLLAM DISTRICT. 3. THE DISTRICT EDUCATIONAL OFFICER KOTTARAKKARA, KOLLAM DISTRICT. 4. THE MANAGER, ESWARA VILASAM HIGH SCHOOL, NADUVATHOOR, P.O.NEELESWARAM, KOTTARAKKARA. 5. SMT.S.RENU KUMARI, HIGH SCHOOL ASSISTANT (MATHS) GOVERNMENT HIGH SCHOOL, PUNALUR. GOVT.PLEADER SRI.DILIP MOHAN -R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO. 16265 OF 2010 -------------------------------------------- Dated this the 27th day of May, 2010 JUDGMENT The petitioner was appointed as Upper Primary School Assistant in in Eswara Vilasam High School, Naduvathur with effect from 22.6.2004 and the said appointment was approved by the third respondent as per order dated 5.9.2005. Pursuant to staff fixation for the year 2008-09, one post of U.P.S.A was reduced. However, two retirement vacancies of H.S.A (Social Studies) arose in the said school with effect from 1.4.2008. The contention of the petitioner is that he is entitled to get promotion by virtue of Rule 43 of Chapter XIVA of the Kerala Education Rules, against one of the said vacancies of H.S.A (Social Studies). Initially, ignoring his claim, the Manager appointed two fresh hands. The same was interfered by the authorities and ultimately it resulted in appointment of the petitioner and another teacher. However, when the appointment of the petitioner was forwarded for approval, the same was declined to be approved as per Ext.P1dated 21.1.2010 on the ground of absence of an established vacancy to provide the petitioner as H.S.A (S.S) from 1.6.2009 onwards. Feeling W.P.(C) NO.16265/2010 2 aggrieved by the order in Ext.P1, the petitioner has preferred Ext.P5 revision petition before the second respondent in terms of Rule 8A of Chapter XIV A of the Kerala Education Rules. The said revision petition is still pending before the second respondent. Any further delay in the matter would adversely affect him. 2. In the circumstances, without making any observation as to the merits of the contentions raised by the petitioner, this Writ Petition is disposed of with a direction to the second respondent to consider and pass orders on Ext.P5 revision petition submitted by the petitioner expeditiously, at any rate, within a period of two months from the date of receipt of a copy of this judgment. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.16265/2010 3 C.T. RAVIKUMAR, J. W.P.(C). NO. /2010 JUDGMENT W.P.(C) NO.16265/2010 4 11th May, 2010