IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 27TH JULY 2011 / 5TH SRAVANA 1933 WP(C).No. 20439 of 2011(D) -------------------------- PETITIONER(S): ---------------------- 1. VASUDEVAN NAMBOODIRIPAD, MANAGER, AIDED UPPER PRIMARY SCHOOL, PATHAIKKARA P.O. (AGED 76, S/O. P.M.T.P. NAMBOODIRIPAD, PATHAIKKARA MANA, PERINTHALMANNA-679 322). 2. P.MOIDU, AGED 51, S/O. MUHAMMEDKUTTY, PUTHENPURAYIL HOUSE, IRIMBALASSERY P.O., OTTAPPALAM, PALAKKAD. 3. ABDU RAHEEM FAROOQ V., AGED 28, S/O. UMMER, VETTIKKALY HOUSE, KUNNAPPULLY P.O., PERINTHALMANNA. (NON APPROVED ARABIC TEACHER, AUPS, PATHAIKKARA). BY ADV. SRI.K.S.MADHUSOODANAN SRI.THOMAS CHAZHUKKARAN SRI.THUSHAR NIRMAL SARATHY SRI.M.M.VINOD KUMAR SRI.P.K.RAKESH KUMAR SMT.M.A.RUXANA RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695 001. 2. ADDITIONAL DIRECTOR OF PUBLIC INSTRUCTION (ACADEMIC), GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695 001. 3. ASSISTANT EDUCATIONAL OFFICER, PERINTHALMANNA, PIN-679 322. GOVERNMENT PLEADER SRI.V.VIJULAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: dmb WP(C).No. 20439 of 2011 APPENDIX PETITIONER'S EXHIBITS:- EXT.P1:- COPY OF THE ORDER NO.D.DIS.RA (3)/44711/09.DPL DTD 16.12.09 OF JOINT DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM EXT.P2:- COPY OF THE LETTER OF THE 2ND PETITIONER TO THE 1ST PETITIONER DATED 14.01.2008 CLAIM APPOINTMENT EXT.P3:- COPY OF THE LETTER OF THE 2ND PETITIONER TO THE 3RD RESPONDENT TO WITHDRAW HIS CLAIM OF APPOINTMENT EXT.P4:- COPY OF THE ORDER NO.G2/57704/2010/DPI/K.DIS DATED 23.11.2010 EXT.P5:- COPY OF THE REVISION FILED BY THE 1ST PETITIONER TO THE 1ST RESPONDENT DATED 7.12.2010 EXT.P6:- COPY OF THE REMINDER OF THE 1ST PETITIONER TO THE 1ST RESPONDENT DATED 6.6.2011 EXT.P7:- COPY OF THE AFFIDAVIT SWORN BY THE 2ND PETITIONER DATED 11.7.2011 EXT.P7(a):- COPY OF THE A.D CARD DATED 19.7.2011 RESPONDENTS' EXHIBITS:- NIL //TRUE COPY// P.A TO JUDGE dmb T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.20439 OF 2011 --------------------------------------- Dated this the 27th day of July, 2011. J U D G M E N T The direction sought in this writ petition is for disposal of Ext.P5 revision petition by the Government within a time frame. 2. The 1st petitioner is the Manager of the school, 2nd petitioner is a former appointee and the 3rd petitioner is the teacher who is seeking approval for his appointment. It is a case where the approval was declined in the light of the superior claim of the 2nd petitioner under Rule 51A of Chapter XIV-A Kerala Education Rules. Even though a relinquishment letter of the 2nd petitioner was submitted before the authority, that was not accepted. Ext.P3 is the letter of the 2nd petitioner to the 3rd respondent Assistant Educational Officer conveying his decision to withdraw his claim for appointment. 3. Learned counsel for the petitioners submitted that the 2nd petitioner is already 51 years of age and only four years are left for him if appointed to retire from service and he is already W.P.(C) No.20439/2011 2 running a business and therefore, he is not interested in getting the appointment and thus he has relinquished his claim by filing Ext.P7 affidavit which has already been forwarded to the Government. It is upto the 2nd petitioner also to appear during the hearing of the revision petition and make his submission on his willingness to relinquish his claim. In that view of the matter, there will be a direction to the Government to take a decision on Ext.P5 revision petition, after considering Exts.P3 and P7 and after hearing all the petitioners, within a period of five months from the date of receipt of a copy of this judgment. The petitioners will forward a copy of this judgment along with a copy of the writ petition for compliance. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp