IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 11TH JUNE 2008 / 21ST JYAISHTA 1930 WP(C).No. 17427 of 2008(Y) -------------------------- PETITIONER: ------------ K.BIJU GEORGE, S/O K.J. GEORGE, AGED 35 YEARS, UPPER PRIMARY SCHOOL ASSISTANT, K.C.P. HIGHER SECONDARY SCHOOL, KAVASSERY, PALAKKAD DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENTS: ------------- 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARTY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, THIRUVANANTHAPURAM -14. 3. THE DISTRICT EDUCATIONAL OFFICER, PALAKKAD DISTRICT. 4. THE MANAGER, K.C.P. HIGHER SECONDARY SCHOOL, KAVASSERY, PALAKKAD DISTRICT. 5. SMT. E.C. SHEEJA, UPPER PRIMARY SCHOOL ASSISTANT, K.C.P HIGHER SECONDARY SCHOOL,KAVASSERY, PALAKKAD DISTRICT. BY GOVERNMENT PLEADER SMT.T.B.REMANY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------------------- W.P.(C) NO. 17427 OF 2008 Y -------------------------------------------- Dated this the 11th June, 2008 JUDGMENT The petitioner is an Upper Primary School Assistant working in K.C.P.Higher Secondary School, Kavassery. The petitioner was appointed on 22.11.1999. It is stated that he has got B.A.in Economics and B.Ed in English. According to the petitioner, he is qualified for promotion as HSA (Social Studies) in the School. The fifth respondent is also working in the same School as UPSA. According to the petitioner, the fifth respondent commenced service from 15.12.2000 and that she is junior to the petitioner. It is stated that a vacancy of HSA (Social Studies) arose in the School on 1.6.2008. The petitioner submitted Ext.P1 representation to the Manager, claiming for promotion to that post. He has also submitted the same representation to the District Educational Officer as well as to the Headmaster of the School. Ext.P2 is the representation submitted by the petitioner to the District Educational Officer. 2. The reliefs prayed for in the Writ Petition are the following: “(a) issue a writ of mandamus or other appropriate writ order of direction commanding the 4th Respondent to grant promotion to the petitioner as High School Assistant (Social Studies) with effect from 2.6.2008 and direct the 3rd Respondent to approve such promotion expeditiously. W.P.(C) NO.17427 OF 2008 :: 2 :: (b) issue a writ of mandamus or other appropriate writ order or direction commanding the 3rd Respondent to effectively consider and pass appropriate orders upon Exhibit P2 after affording an opportunity of being heard to the petitioner within a time limit before taking up the question of approval to the promotion of the 5th Respondent, if any. (c) 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 petitioner submits that, for the time being, the petitioner is not pressing relief (a) and that he is confining his relief to relief (b). 4. In the manner in which I propose to dispose of the Writ Petition, I do not think that it is necessary to issue notice to respondent Nos. 3 to 5. Learned Government Pleader takes notice for respondent Nos.1 and 2. Ext.P2 is pending before the District Educational Officer. A finding by the District Educational Officer on Ext.P2 would be helpful in resolving the issue. Therefore, it is only just and proper to issue a direction to the District Educational Officer to dispose of Ext.P2. At the same time, it is necessary that respondents Nos.4 and 5 also be heard by the District Educational Officer. In the facts and circumstances of the case, the Writ Petition is W.P.(C) NO.17427 OF 2008 :: 3 :: disposed of by directing the third respondent, District Educational Officer, Palakkad, to dispose of Ext.P2 representation, after affording an opportunity of being heard to the petitioner and respondents Nos. 4 and 5, as expeditiously as possible and, at any rate, within two months. The petitioner shall produce a copy of the judgment and a copy of the Writ Petition before the District Educational Officer for the effective disposal of Ext.P2 representation. A copy of this judgment shall be forwarded by the petitioner to respondents Nos.4 and 5 separately by registered post and he shall produce proof of the same before the third respondent before considering Ext.P2 representation. (K.T.SANKARAN) Judge ahz/