IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 11TH MARCH 2009 / 20TH PHALGUNA 1930 WP(C).No. 6372 of 2009(N) ---------------------------------- PETITIONER : ---------------- C.N. SANTHAKUMARI AMMA, W/O. N.P. RAJ MOHAN PILLAI, AGED 50 YEARS, HIGH SCHOOL ASSISTANT (SANSKRIT) M.G.M.N.S.S. HIGHER SECONDARY SCHOOL, LAKKATTOOR, KOTTAYAM DISTRICT BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENTS : ------------------- 1. THE STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION JAGATHY, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, KOTTAYAM DISTRICT. 4. THE DISTRICT EDUCATIONAL OFFICER, KOTTAYAM DISTRICT. 5. THE MANAGER, M.G.M. N.S.S. HIGHER SECONDARY SCHOOL, LAKKATTOOR, KOTTAYAM DIST. 6. SRI. K.R. VIJAYAN NAIR, M.G.M. N.S.S. HIGHER SECONDARY SCHOOL, LAKKATTOOR, KOTTAYAM DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------------------- W.P.(C) No.6372 OF 2009 --------------------------------------- Dated this the 11th day of March, 2009 JUDGMENT Heard Sri.V.A.Muhammed, the learned counsel appearing for the petitioner and Sri.A.J.Varghese, the learned Government Pleader appearing for respondents 1 to 4. In the nature of the order that I propose to pass, it is not necessary to issue notice to or hear respondents 5 and 6. 2. The petitioner is a Teacher. The dispute in this writ petition relates to appointment to the post of Headmaster that fell vacant on 01.04.2008. The petitioner staked her claim for the post. The Manager however appointed the sixth respondent. The District Educational Officer held that the petitioner is senior to the sixth respondent. The appointment of the sixth respondent was accordingly rejected and the Manager was directed by Ext.P2 order to appoint the petitioner as Headmaster. The Manager challenged Ext.P2 before the Deputy Director of Education who by Ext.P4 order dismissed the appeal. The sixth respondent thereupon moved the Government under Rule 92 of Chapter XIV A of the Kerala W.P.(C) No.6372 of 2009 2 Education Rules by filing Ext.P5 revision petition. The petitioner's grievance is that in view of Ext.P5 revision petition filed by the sixth respondent, the Manager is not implementing the direction issued in Ext.P2. 3. The pleadings disclose that Ext.P2 has not attained finality. The sixth respondent who is aggrieved by Exts.P2 and P4 has moved the Government challenging Ext.P2 and Ext.P4 the appellate order upholding it. The learned Government Pleader appearing for the official respondents submits that Ext.P5 revision petition has been received by the Government and is pending. In these circumstances, the only relief that can be granted to the petitioner is to direct the first respondent to dispose of Ext.P5 revision petition expeditiously. I accordingly dispose of this writ petition with a direction to the Secretary to Government, General Education Department to consider Ext.P5 revision petition and pass orders thereon after affording the petitioner and respondents 5 and 6 an opportunity of being heard. Final orders in the matter shall be passed within four months from the date on which the petitioner produces a certified copy of this judgment before the Government. The contentions of both parties on the W.P.(C) No.6372 of 2009 3 merits are kept open. The writ petition is disposed of as above. P.N.RAVINDRAN JUDGE pac