IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 28TH JUNE 2011 / 7TH ASHADHA 1933 WP(C).No. 17333 of 2011(N) ----------------------------------------- PETITIONER(S): ----------------------- LEELA.K.V, WIFE OF SURENDRAN, AGED 46 YEARS, HIGH SCHOOL ASSISTANT (PHYSICAL SCIENCE), GOVERNMENT HIGHER SECONDARY SCHOOL, KALLIASSERI, P.O.KALLIASSERI, KANNUR DISTRICT. BY ADVS. SRI.V.A.MUHAMMED, SRI.K.E.HAMZA. RESPONDENT(S): --------------------------- 1. THE STATE OF KERALA REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, GENERAL EDUCATION (C) DEPARTMENT, GOVERNMENT SECRETARIAT ANNEX, THIRUVANANTHAPURAM-695 001. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, THIRUVANANTHAPURAM-695 014. 3. THE DEPUTY DIRECTOR OF EDUCATION, AYYANTHOLE, THRISSUR DISTRICT-680 003. R1 TO R3 BY GOVERNMENT PLEADER SRI. V. VIJULAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.17333/2011 N APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE RELEVANT PAGE OF THE ORDER NO.D5/5640/10/DPI OF THE 2ND RESPONDENT DTD. 12/01/2011. P2: COPY OF THE REQUEST OF THE PETITIONER BEFORE THE 2ND RESPONDENT DTD. 03/06/2011. P3: COPY OF THE RELEVANT PAGE OF THE S.S.L.C.BOOK DTD. NIL. P4: COPY OF THE REVISION PETITION FILED BEFORE THE GOVERNMENT DTD. 13/06/2011. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss T.R.RAMACHANDRAN NAIR, J. ------------------------------------- W.P.(C)No.17333 Of 2011-N -------------------------------------------------- DATED THIS THE 28TH DAY OF JUNE, 2011 J U D G M E N T The petitioner seeks for a direction to the Government to take a decision on Exhibit P4 representation. 2. The petitioner was promoted as Assistant Educational Officer, Chavakkad in Thrissur District while functioning as a High School Assistant(Physical Science). Exhibit P1 is the copy of the promotion order. Even though she was relieved from the Government Higher Secondary School, Kalliassery, she could not join duty as there were oral instructions from the Deputy Director of Education not to join the post of Assistant Educational Officer, since she has not acquired the obligatory Departmental Test. 3. The point raised in the Writ Petition is that as per Rule 13A(i)(a) of the Kerala State and Subordinate Services Rules, being a scheduled caste candidate, temporary appointment can be made. The petitioner belongs to scheduled caste (Malayan Community). W.P.(C)No.17333/11 -2- 4. Exhibit P4 is the representation which was filed by the petitioner seeking for appropriate orders in the matter. There will be a direction to the Government to take a decision on Exhibit P4 representation within four months from the date of receipt of a copy of this judgment, after hearing the petitioner. The petitioner will forward a copy of the Writ Petition along with a copy of this judgment to the Government for compliance. The Writ Petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE. dsn