IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 14TH MARCH 2011 / 23RD PHALGUNA 1932 WP(C).No. 12976 of 2010(V) -------------------------- PETITIONER(S): --------------- ABDUL HAKEEMSA K.S, AGED 29 YEARS, S/O.SHAHUL HAMMED FULL TIME MENIAL, C.A.HIGH SCHOOL, PERUMVAMBA PALAKKAD DISTRICT. BY ADV. DR.GEORGE ABRAHAM RESPONDENT(S): --------------- 1. THE MANAGER, C.A.HIGH SCHOOL PERUMVAMBA,PALAKKAD DISTRICT. 2. THE HEADMASTER C.A.HIGH SCHOOL PERUMVAMBA,PALAKKAD DISTRICT. 3. THE DISTRICT EDUCATINAL OFFICER PALAKKAD. 4. K.M.UNNIKRISHNAN, S/O.C.V.KESAVAN AMBADI, AISWARYA NAGAR, PUTHUNAGARAM, PALAKKAD. ADV. SRI.P.R.VENKETESH FOR R4 SRI.BOBBYMATHEW KOOTHATTUKULAM FOR R1 SRI.BOBBYMATHEW KOOTHATTUKULAM FOR R1 GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.12976/2010-V ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 14th day of March, 2011 J U D G M E N T The petitioner is a Full-time Menial in C.A High School, Peruvamba. He was appointed in a promotion vacancy on 15/12/2007. With regard to the eligibility, there is a dispute between the petitioner and the fourth respondent. Ultimately, this Court by Ext.P4 Judgment, namely, W.A.No.60/2009, held that the appellant, the fourth respondent herein, shall be accommodated in the vacancy of Full-time Menial that first arose in the school, after the date of receipt of the application in the prescribed format in October 2002 and his appointment shall be approved by the District Educational Officer, Palakkad. The petitioner challenged the same in S.L.P No.4467/2010 wherein, by Ext.P5, an interim order of stay has been granted. 2. In this writ petition, the petitioner is seeking for a direction to respondent Nos.1 to 3 to permit him to work as Full-time Menial in the school. W.P.(C). No.12976/2010 -:2:- 3. Heard the learned counsel for the petitioner, the learned Government Pleader and the learned counsel for the fourth respondent. It is submitted by the learned counsel for the fourth respondent that the fourth respondent has already moved the Apex Court to get the interim order vacated. 4. The learned counsel for the petitioner on the last occasion prayed for a direction to allow him to sign the attendance register. Regarding this aspect, this Court directed the District Educational Officer to verify the actual facts and inform the Court about the present position therein. The learned Government Pleader on getting instructions submitted that the petitioner is signing in a separate register. Therefore, evidently, the petitioner is attending the school and is allowed to sign in a separate register. In the light of the above, no further orders are called for. It is not proper for this Court, at this stage, to adjudicate the rights of any of the parties, in view of the fact that S.L.P is pending. The writ petition is accordingly, disposed of. Sd/- (T.R. Ramachandran Nair, Judge.) ms \\TRUE COPY// P.A TO JUDGE