IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 3RD JULY 2008 / 12TH ASHADHA 1930 WP(C).No. 20098 of 2008(P) PETITIONER: ------------ V.M.MOHAMMED ALI, H.S.A.(S.S) CPPHMHS OZHUR, (UNDER THE JURISDICTION LIMIT OF TIRUR DEO), PO., VELLACHAL, MALAPPURAM DISTRICT. BY ADV. SRI.NIRMAL. S RESPONDENTS: ------------- 1. THE SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT TRIVANDRUM 2. THE MANAGER, CPPHMHS, OZHUR, TIRUR. 3. DIRECTOR OF PUBLIC INSTRUCTIONS, TRIVANDRUM 4. THE DISTRICT EDUCATIONAL OFFICER, TIRUR. GOVERNMENT PLEADER SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------------------- W.P.(C) NO. 20098 OF 2008 P -------------------------------------------- Dated this the 3rd July, 2008 JUDGMENT 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 the second respondent Manager. Government Pleader takes notice for respondents 1, 3 and 4. 2. The petitioner was appointed as High School Assistant (Social Science) in a leave vacancy in CPPHM High School for the period from 3.1.2005 to 23.3.2005. The Manager forwarded the appointment order for approval to the District Educational Officer. It is stated that the District Educational Officer rejected the approval on the ground that there is no established vacancy. It is further stated that aggrieved by the order of the District Educational Officer, the Manager has filed an appeal before the Director of Public Instructions, who rejected the same as per Ext.P3 order dated 14.3.2006. Against the order passed by the Director of Public Instructions, the Manager filed Ext.P4 Revision before the first respondent. Ext.P4 Revision is pending disposal. 3. The prayer in the Writ Petition is to issue a writ of mandamus directing the first respondent to consider and dispose of Ext.P4 Revision filed by the Manager. 4. Since Ext.P4 Revision filed by the Manager is pending disposal, the first respondent is bound to dispose of the same. The petitioner prays for an W.P.(C) NO.20098 OF 2008 :: 2 :: early disposal of Ext.P4 Revision, in the facts and circumstances of the case. After having heard the learned counsel for the petitioner and the learned Government Pleader, I am of the view that a direction can be issued to the first respondent to dispose of Ext.P4 Revision expeditiously. In the facts and circumstances of the case, the Writ Petition is disposed of in the following manner: a) The first respondent shall dispose of Ext.P4 Revision as expeditiously as possible and, at any rate, within a period of three months, after affording an opportunity of being heard to the Manager, the petitioner (V.M.Mohammed Ali) as well as the affected parties, if any. b) The petitioner shall send a copy of the judgment to the second respondent, the Manager of the School, by registered post and shall produce proof of the same before the first respondent within a period of one month. c) The petitioner shall produce certified copy of the judgment and a copy of the Writ Petition before the first respondent. (K.T.SANKARAN) Judge ahz/