IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 19TH MARCH 2009 / 28TH PHALGUNA 1930 WP(C).No. 8923 of 2009(I) ------------------------- PETITIONER(S): --------------- BIJOY.A.J., AGED 24 YEARS, S/O.JOSE, PHYSICAL EDUCATION TEACHER, J.M.U.P.SCHOOL, CHERUPUZHA, P.O.CHERUPUZHA, KANNUR DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, TRIVANDRUM-14. 3. THE ASSISTANT EDUCATIONAL OFFICER, PAYYANNUR, P.O.PAYYANNUR, KANNUR DISTRICT. 4. THE MANAGER, J.M.U.P.SCHOOL, CHERUPUZHA, KANNUR DISTRICT. GOVERNMENT PLEADER, SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.8923/2009-I ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 19th day of March, 2009 J U D G M E N T The petitioner seeks for a direction to dispose of Ext.P5 revision by the first respondent Government. 2. The bare facts necessary for the disposal of the writ petition are the following:- He was appointed as full time Physical Education Teacher against the retirement vacancy of Smt.K.S.Kamalam with effect from 02/06/2008 as per Ext.P1 order. Taking the view that the post of Physical Education Teacher is abolished, the Assistant Educational Officer did not sanction the post in the Staff Fixation Order 2008-2009 which is produced as Ext.P2. Against the same, the Manager preferred appeal before the District Educational Officer and Deputy Director of Education. The same is produced as Exts.P3 and P4. By Ext.P4(a), the Deputy Director of Education rejected the same. Presently, Ext.P5 is pending before the Government which has been submitted through proper channel. Petitioner is relying upon Ext.P6 judgment, to support his claim. The first respondent will, therefore, consider and pass orders on Ext.P5 after hearing the W.P.(C) No.8923/2009 -:2:- petitioner and the Manager within a period of three months from the date of receipt of the copy of this judgment. This writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms