IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 17TH SEPTEMBER 2009 / 26TH BHADRA 1931 WP(C).No. 26152 of 2009(L) -------------------------- PETITIONER(S): --------------- C.L.VINCENT, HIGH SCHOOL ASSISTANT (PHYSICAL SCIENCE), C.K.H.S., MANIMOOLY, MALAPPURAM. BY ADV. SRI.S.EASWARAN SRI.P.MURALEEDHARAN (IRIMPANAM) SRI.M.A.AUGUSTINE RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. THE DISTRICT EDUCATIONAL OFFICER, WAYANAD, KALPETTA. 4. THE CORPORATE MANAGER, THE CORPORATE EDUCATIONAL AGENCY, DIOCESE OF MANANTHAVADY, PASTORAL CENTRE, P.B.NO.42, MANANTHAVADY-670 645. 5. SHRI. M.C.VINCENT, PRINCIPAL, ST.JOSEPH'S T.T.I., MANANTHAVADY. 6. SHRI. SEBASTIAN J.MUKKADAN, HEADMASTER, C.K.H.S., MANIMOOLY, MALAPPURAM DISTRICT. SENIOR GOVERNMENT PLEADER, SHRI MUHAMOOD T.T THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.26152/2009-L ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 17th day of September, 2009 J U D G M E N T The petitioner is working as H.S.A (Physical Science) in the school managed by the fourth respondent Corporate Manager. He entered service as H.S.A in St.Joseph's High School, Kallody, Wayanad. The petitioner has acquired necessary qualifications under the K.E.R and Account Test (Lower) in the year 1995 and, thus he is fully qualified to be appointed as Headmaster in the year 1995 itself. 2. The writ petition is filed with a main prayer to compel respondent Nos.1 to 3 to grant the petitioner his legitimate promotion as Headmaster and all accrued service benefits in preference to his juniors in implementation of Exts.P2 to P3. 3. Ext.P2 is the communication addressed by the District Educational Officer to the Director of Public Instruction wherein the claim raised by the petitioner has been detailed with further recommendation in the matter. The recommendation is to cancel the approval of appointment granted to Shri M.C.Vincent and Shri Sebastian J.Mukkadan and thereafter, by Ext.P3 the District Educational Officer has directed the Corporate Manager to appoint the petitioner as Headmaster with effect from 01/04/2004 and review the appointment of Shri M.C.Vincent. W.P.(C). No. 26152/2009 -:2:- 4. The case of the petitioner is that even though Ext.P4 order was passed by the second respondent as early as on 06/07/2009, the Corporate Manager has not taken any steps to comply with Ext.P4. It is also the case of the petitioner that a similarly placed teacher Shri K.V.Varkey has been given promotion and granted all consequential benefits under the order of the D.E.O, dated 27/02/2009. 5. The petitioner on enquiry came to know that the Manager has filed a revision petition as Ext.P6 before the first respondent. Therefore, the pendency of the revision is taken as a ground to delay the implementation of Ext.P4, submits the petitioner. It is in these circumstances the petitioner has approached this Court by filing this writ petition seeking for an early disposal of Ext.P6 revision petition. 6. Heard the learned Government Pleader appearing for respondent Nos.1 to 3. In the light of the reliefs sought for, I direct the first respondent to take a decision on Ext.P6 after hearing the fourth respondent Manager and the petitioner as well as respondent Nos.5 and 6 within a period of three 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