IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 10TH JULY 2008 / 19TH ASHADHA 1930 WP(C).No. 20727 of 2008(P) PETITIONER : 1. JINITHA A.M., AGED 25 YEARS W/O. M.N.AJITHKUMAR,UPPER PRIMARY SCHOOL ASSISTANT HIGHER SECONDARY SCHOOL, VALAYAMACHIRANGARA, PERUMBAVOOR,ERNAKULAM DISTIRCT. 2. M.SANKAR, UPPER PRIMARY SCHOOL ASSISTANT HIGHER SECONDARY SCHOOL, VALAYAMACHIRANGARA, PERUMBAVOOR,ERNAKULAM DISTIRCT. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENTS: 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM 2. THE DISTRICT EDUCATIONAL OFFICER, KOTHAMANGALAM. 3. THE MANAGER, HIGHER SECONDARY SCHOOL VALAYAMACHIRANGARA, PERUMBAVOOR, ERNAKULAM DISTRICT 4. U.K.SULATHA, U.P.S.A., HIGHER SECONDARY SCHOOL VALAYAMACHIRANGARA, PERUMBAVOOR, ERNAKULAM DISTRICT 5. ARUN.C., U.P.S.A., HIGHER SECONDARY SCHOOL VALAYAMACHIRANGARA, PERUMBAVOOR, ERNAKULAM DISTRICT 6. AJITHA KUMARI, U.P.S.A., HIGHER SECONDARY SCHOOL VALAYAMACHIRANGARA, PERUMBAVOOR, ERNAKULAM DISTRICT 7. BINDU .S. NAIR U.P.S.A., HIGHER SECONDARY SCHOOL VALAYAMACHIRANGARA, PERUMBAVOOR, ERNAKULAM DISTRICT 8. DHANESH KUMAR K.P., U.P.S.A., HIGHER SECONDARY SCHOOL VALAYAMACHIRANGARA, PERUMBAVOOR,ERNAKULAM DISTRICT GOVERNMENT PLEADER SRI.A.J.VARGHESE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.7.2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------------------- W.P.(C) NO. 20727 OF 2008 P -------------------------------------------- Dated this the 10th July, 2008 JUDGMENT The petitioners are working as Upper Primary School Assistants in Higher Secondary School, Valayamachirangara, Perumbavoor. The allegation of the petitioners is that though the petitioners were entitled to get regular appointment from 4.6.2007 onwards, instead of appointing them the Manager appointed respondents 4 to 8. It is stated that the petitioners have preferential claim for appointment as UPSA. Challenging the appointment of respondents 4 to 8, the first petitioner filed Ext.P4 appeal and the second petitioner filed Ext.P5 appeal before the District Educational Officer, Kothamangalam. Exts.P4 and P5 appeals are pending disposal. 2. The reliefs prayed for by the petitioners in the Writ Petition are the following: “a) Issue a Writ of mandamus or other appropriate Writ order or direction commanding the 3rd respondent Manager to appoint the petitioners as U.P.S.A from 4.6.2007 onwards or any other regular vacancy arose after the date of the appointment of the petitioners from 14.6.2006. b) Issue a Writ of mandamus or other appropriate Writ order or direction commanding the 2nd respondent to approve the appointment of the petitioners as W.P.(C) NO.20727 OF 2008 :: 2 :: U.P.S.As against a regular post from 4.6.2007 or any other regular vacancies arose after the date of appointment of the petitioners as U.P.S.As and disburse salary and allowances forthwith. c) Direct the 2nd respondent to effectively consider and pass appropriate orders upon Ext.P4 & P5 after affording an opportunity of being heard to the petitioner within a time limit. In the meantime approval of appointment of the respondents 4 to 8 may be kept in abeyance. d) Pass such other order or direction which this Hon'ble Court may deem fit and proper to grant in the circumstances of the case.” 3. Learned counsel for the petitioners submits that the petitioners would be satisfied if a direction is issued to dispose of Exts.P4 and P5 appeals expeditiously. In view of the submission, I do not think that it is necessary to issue notice to respondents 3 to 8 in this Writ Petition before disposing of the same in the manner indicated below. Taking into account the facts and circumstances of the case, the Writ Petition is disposed of in the following manner: i) The District Educational Officer, Kothamangalam is directed to dispose of Exts.P4 and P5 appeals filed by petitioners 1 and 2 respectively, as expeditiously as possible and, at any rate, within a period of six weeks from the date of receipt of a copy of this judgment. The District Educational Officer shall issue notice to the petitioners, the Manager of the School and respondents 4 to 8 and W.P.(C) NO.20727 OF 2008 :: 3 :: afford an opportunity of being heard to all of them, before disposing of the appeals. ii) The petitioners shall produce certified copy of the judgment and a copy of the Writ Petition before the District Educational Officer, Kothamangalam. iii) The petitioners shall send a copy of the judgment to respondents 3 to 8 separately by registered post and shall produce proof of the same before the District Educational Officer, Kothamangalam, without delay. (K.T.SANKARAN) Judge ahz/