IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 2ND DECEMBER 2009 / 11TH AGRAHAYANA 1931 WP(C).No. 33885 of 2009(E) -------------------------- PETITIONER(S): --------------- A.BANASIR, AGED 33 YEARS,W/O.K.A.NAJEEM, LOWER PRIMARY SCHOOL ASSISTANT,A.S.M.L.P.SCHOOL, PURAKKAD, ALAPPUZHA 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 DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY,TRIVANDRUM-14. 3. THE DISTRICT EDUCATIONAL OFFICER, ALAPPUZHA DISTRICT. 4. THE ASSISTANT EDUCATIONAL OFFICER, AMBALAPUZHA,ALAPPUZHA DISTRICT. 5. THE MANAGER,A.S.M.L.P.SCHOOL,PURAKKAD, ALAPPUZHA DISTRICT. 6. SMT.K.M.FOUSIA,LOWER PRIMARY SCHOOL ASSISTANT,A.S.M.L.P.SCHOOL,PURAKKAD, ALAPPUZHA DISTRICT. 7. SMT.JESEENA MOL,LOWER PRIMARY SCHOOL ASSISTANT,A.S.M.L.P.SCHOOL,PURAKKAD, ALAPPUZHA DISTRICT. 8. SMT.SURYA R.KRISHNA,LOWER PRIMARY SCHOOL ASSISTANT,A.S.M.L.P.SCHOOL,PURAKKAD, ALAPPUZHA DISTRICT. SENIOR GOVERNMENT PLEADER, SHRI MUHAMOOD T.T THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.33885/2009-E ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 2nd day of December, 2009 J U D G M E N T The main prayer in the writ petition is for a direction to the first respondent to consider and pass orders on Ext.P4 within a reasonable time. The petitioner herein was appointed as a Lower Primary School Assistant on 07/06/2007 in the vacancy of Smt.Seeniya M.Jalal who left the school on getting another appointment. The approval was declined by the Assistant Educational Officer on the ground that the approval of a senior claimant, namely, Smt.K.M.Fousia was not approved. The appeal filed was rejected as per Ext.P1. It is pointed out that the appointment of Smt.K.M.Fousia has been approved and later, the petitioner was appointed in another vacancy which arose on 19/12/2007. The said appointment was approved by Ext.P2. It is also pointed out that the appointment of another L.P.S.A, namely, one Muhammed Ashraf, who was appointed on 05/07/2007, also has been approved. The present dispute arose in the light of Ext.P3 order passed by the Additional Director of Public Instruction directing adjustment of his juniors in various vacancies, which according to him is unjust. Challenging Ext.P3, Ext.P4 revision has been filed. W.P.(C). No.33885/2009 -:2:- 2. The learned Government Pleader on instructions submits that Ext.P4 has been received already. 3. There will be a direction to the first respondent to take a decision on Ext.P4 after hearing the petitioner and respondent Nos.5 to 8 within a period of four 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.) ms