IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 23RD JUNE 2009 / 2ND ASHADHA 1931 WP(C).No. 16805 of 2009(U) -------------------------- PETITIONER(S): --------------- THE CORPORATE EDUCATIONAL AGENCY, ARCH DIOCESE OF VERPOLY, ST.ALBERT'S H.S.S. CAMPUS, ERNAKULAM, KOCHI-682 018, REP. BY ITS MANAGER. BY ADV. SRI.BABY ISSAC ILLICKAL SRI.ISAAC KURUVILLA ILLIKAL RESPONDENT(S): --------------- 1. GOVT. OF KERALA, REP. BY THE CHIEF SECRETARY TO GOVT., GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. SECRETARY TO GOVERNMENT (GENERAL EDUCATION), GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 3. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 4. THE DISTRICT EDUCATIONAL OFFICER, ERNAKULAM. 5. MARY P.M., W/O.NAISAL GEORGE, RESIDING AT BOMBAY NIVAS, MARIA KUTTY JOHN ROAD, ERNAKULAM. 6. DEPUTY DIRECTOR (EDUCATION), ERNAKULAM. ADV. SRI.K.T.SHYAMKUMAR FOR R5 SENIOR GOVERNMENT PLEADER, SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.16805 of 2009-U - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of June, 2009. JUDGMENT Shri K.T. Syamkumar takes notice for the 5th respondent The matter in dispute is regarding an appointment to the post of High School Assistant in one of the schools managed by the petitioner herein. A vacancy arose in the post of H.S.A. Social Science in St. Albert's High School, Ernakulam. It is the case of the petitioner that the 5th respondent was mistakenly appointed. She was rank No.37 in the ranked list, whereas one Ms. Julie K.J., who was rank No.29, should have been appointed as H.S.A. Even though the proposal was forwarded to the District Educational Officer, after being aware of the mistake committed, the District Educational Officer was requested to return the proposal for rectifying the mistake. The District Educational Officer returned the same by Ext.P1. 2. There were various proceedings in between the petitioner and the 5th respondent before this court and before the District Educational Officer and Deputy Director of Education. Ultimately, the Deputy Director of Education has passed Ext.P2 order whereby the Manager was directed to take necessary lien adjustment in respect of Shri A.D. Antony by retaining wpc 16805/2009 2 his lien in High School of Kothad from 10.7.2006 onwards and follow up actions were also directed. This was challenged in Writ Petition No.3016/2009 wherein this court directed the petitioner to avail the statutory remedy of revision under Rule 92 of Chapter XIV K.E.R. Ext.P4 is the revision petition filed by the petitioner before the Government, wherein the petitioner has sought for an interim order of stay of operation of the order passed by the Deputy Director of Education. 3. It is stated that no orders have been passed on the revision petition even though learned counsel for the 5th respondent submitted that to his knowledge the stay petition has been rejected. Presently, the Manager is faced with Exts.P6 and P7 whereby the Deputy Director of Education has directed him to comply with the order Ext.P2. 4. Learned counsel appearing for the 5th respondent and learned Govt. Pleader submitted that the 5th respondent has filed a Contempt of Court Case No.732/2008 against the former District Educational Officer and the said matter is pending. Whatever that be, the present prayer of the petitioner is mainly for an expeditious disposal of Ext.P4 revision petition pending before the Government. 5. Since the revision petition has been filed by the petitioner as directed in Ext.P3 judgment of this court, the same has to be disposed of wpc 16805/2009 3 after hearing the respective parties. Therefore, there will be a direction to the first respondent to take a decision on Ext.P4 after hearing the petitioner and the 5th respondent, within a period of two months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/