IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 22ND JUNE 2009 / 1ST ASHADHA 1931 WP(C).No. 11101 of 2009(G) -------------------------------- PETITIONER: -------------- POCKERKUTTY M.K., HSA (ARABIC), SEETHI SAHIB MEMORIAL HIGHER SECONDARY SCHOOL, THEYYALINGAL P.O., MALAPPURAM DISTRICT, PIN 676 320. BY MR.K.A.JALEEL, ADVOCATE. RESPONDENTS: ------------------ 1. THE MANAGER, SEETHI SAHIB MEMORIAL HIGHER SECONDARY SCHOOL, THEYYALINGAL P.O., MALAPPURAM DISTRICT, PIN 676 320. 2. THE REGIONAL DEPUTY DIRECTOR, HIGHER SECONDARY EDUCATION, KOZHIKODE-1. 3. THE DIRECTOR, DIRECTORATE OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDING, SANTHI NAGAR, THIRUVANANTHAPURAM. 4. MR.ASHRAF V.P., HSST (JR.) (ARABIC) SEETHI SAHIB MEMORIAL HIGHER SECONDARY SCHOOL, THEYYALINGAL P.O., MALAPPURAM DISTRICT, PIN 676 320. 5. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION(T) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. BY MR. A.J. VARGHESE, SR. GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.11101 OF 2009 --------------------------------------- Dated this the 22nd day of June, 2009. J U D G M E N T The petitioner is approaching this Court for the second time as he has not obtained the relief from the hands of the respondents. The petitioner is working as High School Assistant (Arabic) in Seethi Sahib Memorial Higher Secondary School, Theyyalingal, Malappuram District. He entered in service as H.S.A (Arabic) from 18.08.1989. The 4th respondent is also working as H.S.A (Arabic) in the same school having entered in service on 23.09.1997 and having continuous service from 01.06.1998 onwards. 2. The petitioner had submitted an application for appointment as H.S.S.T (Junior) when a vacancy arose in the school. In the interview, the 4th respondent was selected. The petitioner filed a representation before the 1st respondent in the matter. Thereafter, the 2nd respondent accepted the decision of the selection committee, which is evidenced by Exhibit P7. In W.P.(C) No.11101/2009 2 fact, the petitioner had submitted a representation as per Exhibit P8 before the 3rd respondent seeking to intervene in the matter. Since no further action was taken, the petitioner filed W.P.(C) No.37157/2008 before this Court seeking to quash Exhibit P7 order, which was disposed of by Exhibit P9 judgment by directing to consider Exhibit P8 representation. 3. The 3rd respondent heard the petitioner on 26.02.2009 with notice to the affected parties. Exhibit P10 is the consequential order passed by the 3rd respondent. Without taking a decision, it appears that the 3rd respondent has disposed of the matter stating that the Government have been addressed as per the office letter dated 07.03.2009 for getting clarification with regard to a Government Order namely, G.O.(MS) 141/2008 of General Education dated 18.08.2008. It is made clear that as and when Government direction is received, necessary action in accordance with the same will be taken by the Director of Higher Secondary Education. Aggrieved by the delay in the matter, the petitioner has filed this writ petition. W.P.(C) No.11101/2009 3 4. Going by Exhibit P10, it is clear that the Director of Higher Secondary Education has sought for clarification from the Government as per proceedings dated 07.03.2009. The same has not been received so far. Therefore, it is upto the Government to convey its decision in the matter. This writ petition is disposed of directing the 5th respondent to take a decision on the complaint raised by the petitioner as per Exhibit P8, after hearing the petitioner and respondents 1 and 4, within a period of two months from the date of receipt of a copy of this judgment. The petitioner will file a fresh representation before the 5th respondent within a period of two weeks to enable the 5th respondent to take a decision in the matter. The petitioner will produce a copy of this judgment along with copy of the writ petition and the representation before the 5th respondent for compliance. T.R. RAMACHANDRAN NAIR JUDGE smp