IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 2ND JUNE 2008 / 12TH JYAISHTA 1930 WP(C).No. 16333 of 2008(T) PETITIONER: K.S.SHYJA PART TIME SWEEPER, SAHODARAN MEMORAIL-HIGHER SECONDARY SCHOOL, CHERAI. BY ADV. SRI.SAJAN MANNALI SRI.M.P.JAYAKUMAR RESPONDENTS: 1. THE DIRECTOR,HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM. 2. STATE OF KERALA REP. BY ITS SECRETARY TO THE DEPARTMENT OF EDUCATION,THIRUVANANTHAPURAM. 3. SAHODARAN MEMORIAL HIGHER SECONDARY SCHOOL, CHERAI, REP. BY ITS MANAGER. 4. THE PRINCIPAL SAHODARAN MEMORIAL HIGHER SECONDARY SCHOOL, CHERAI. GOVERNMENT PLEADER SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------------------- W.P.(C) NO. 16333 OF 2008 T -------------------------------------------- Dated this the 2nd June, 2008 JUDGMENT As per Ext.P1 appointment order issued by the Manager, the Petitioner was appointed as Part Time Sweeper in Sahodaran Memorial Higher Secondary School at Cherai. The Manager sent Ext.P3 communication to the Director of Higher Secondary Education, Thiruvananthapuram, requesting for approval of the appointment of the petitioner. It would appear that the Manager had also sent Ext.P4 dated 15.9.2007, to the Director of Higher Secondary Education, requesting for approval of the appointment of the petitioner as Part Time Sweeper. 2. The Director of Higher Secondary Education passed Ext.P6 order dated 8.2.2008, declining approval of the appointment of the petitioner. The reason stated in Ext.P6 is that the petitioner was not appointed in a sanctioned post. 3. The reliefs prayed for in the Writ Petition are the following: “I) to issue a writ of certiorari, or any other appropriate writ, direction or order calling for the records leading to Ext.P6 order of the 1st respondent, and to quash the same; II) to issue a writ of mandamus or any other appropriate writ, direction or order directing the 2nd respondent to W.P.(C) NO.16333 OF 2008 :: 2 :: sanction the post of part time menial in the 3rd respondent school; III) to issue a writ of mandamus, or any other appropriate writ, direction or order, directing the 1st respondent to grant approval to the petitioner's appointment after sanctioning the post of part time sweeper, at S.M.H.S.School, Cherai; IV) to issue a writ of mandamus or any other appropriate writ, direction or order directing the 1st respondent to consider and dispose of Exts.P3 and P4 representations filed by the third respondent; V) to direct the respondents to pay the cost of this proceedings; and VI) to grant any other reliefs, as prayed for by the petitioner, during the course of arguments, and which this Hon'ble Court deems fit to grant.” 4. If the petitioner is aggrieved by Ext.P6 order, he could file a Revision before the Government against the same. The petitioner has not so far filed a Revision before the Government. It is stated by the learned counsel for the petitioner that the petitioner may be permitted to file a Revision now and there may be a direction to dispose of the Revision. Learned Government Pleader submitted that if a Revision is filed, it would be dealt with in accordance with law. Accordingly, the Writ Petition is disposed of permitting the petitioner to file a Revision before the Government challenging Ext.P6 W.P.(C) NO.16333 OF 2008 :: 3 :: order within a period of one month from today. If such a Revision is filed within one month, the Government shall dispose of the same in accordance with law after affording an opportunity of being heard to the petitioner. (K.T.SANKARAN) Judge ahz/