IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 5TH FEBRUARY 2009 / 16TH MAGHA 1930 WP(C).No. 26626 of 2008(T) -------------------------- PETITIONER: --------------- MARY JOPHY, D/O.M.V. JOSE, AGED 26, LOWER PRIMARY SCHOOL ASSISTANT S.R.M.L.P. SCHOOL, KOORKANCHERRY, THRISSUR DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENTS: --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETRIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, TRIVANDRUM-14. 3. THE DISTRICT EDUCATIONAL OFFICER, THRISSUR DISTRICT. 4. THE ASSISTANT EDUCATIONAL OFFICER, THRISSUR WEST. 5. THE HEADMASTER, S.R.M.L.P SCHOOL, KOORKANCHERRY, THRISSUR DISTRICT. 6. THE MANAGER, S.R.M.L.P SCHOOL, KOORKANCHERRY, THRISSUR DISTRICT. BY GOVT. PLEADER SHRI.A.J.VARGHESE ADV. SRI.MILLU DANDAPANI FOR R5 & R6 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ---------------------------------------------- W.P(C) No. 26626 of 2008-T --------------------------------------------- Dated this the 5th February, 2009. J U D G M E N T The petitioner was appointed as Lower Primary School Assistant in S.R.M.L.P School, Koorkancherry, as per Exhibit P1 order of appointment with effect from 6.6.2006, in a vacancy which arose on the retirement of Headmaster. The proposal for approval of the appointment of the petitioner was rejected by the Assistant Educational Officer and that order was confirmed in appeal by the District Educational Officer. The revision filed by the Manager before the Director of Public Instruction was dismissed, as per Exhibit P6 order. Challenging Exhibit P6 order, the petitioner filed Exhibit P7 revision before the first respondent. Exhibit P7 is pending disposal. 2. The reliefs prayed for in the Writ Petition are the following: “a) call for the records relating to Exhibits P4, P5 and P6 and quash the originals of the same by the issue of a writ of certiorari or other appropriate writ or order. b) issue writ of mandamus or other appropriate writ order or direction commanding the 4th respondent Assistant Educational Officer, Thrissur West to approve the appointment of the petitioner as Lower Primary School Assistant with effect from 6.6.2006 onwards and disburse the pay and allowances due to the petitioner forthwith. c) issue a writ of mandamus or other appropriate writ, order or direction commanding the 1st respondent to effectively consider and pass appropriate orders upon Exhibit W.P(C) No. 26626 of 2008-T 2 P7 after affording an opportunity of being heard to the petitioner within a time limit. d) 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. The learned counsel for the petitioner submits that the petitioner confines her relief for the time being to relief No.(c). The learned Government Pleader submitted that Exhibit P7 would be disposed of without delay. 4. In the facts and circumstances of the case, the Writ Petition is disposed of as follows: i) The first respondent shall consider and dispose of Exhibit P7 revision dated 26.4.2008 submitted by the petitioner, as expeditiously as possible and at any rate within a period of three months from the date of receipt of a copy of the judgment after affording an opportunity of being heard to the petitioner and respondents 5 and 6. ii) The petitioner shall produce certified copy of the judgment and a copy of the Writ Petition before the first respondent. K.T.SANKARAN JUDGE ab W.P(C) No. 26626 of 2008-T 3 W.P(C) No. 26626 of 2008-T 4 W.P(C) No. 26626 of 2008-T 5 W.P(C) No. 26626 of 2008-T 6