IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 4TH AUGUST 2008 / 13TH SRAVANA 1930 WP(C).No. 20680 of 2008(J) PETITIONER: RAJAN ANTONY S/O. P.V.ANTONY, AGED 41 YEARS UPPER PRIMARY SCHOOL ASSISTANT ST.ALOYSIUS HIGH SCHOOL, NORTH PARAVOOR ERNAKULAM 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, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION JAGATHY,TRIVANDRUM-14 3. THE DEPUTY DIRECTOR OF EDUCATION KAKKANAD, ERNAKULAM-30 4. THE DISTRICT EDUCATIONAL OFFICER ALUVA, ERNAKULAM DISTRICT. 5. THE MANAGER ST.ALOSIUS HIGH SCHOOL, NORTH PARAVOOR ERNAKULAM DISTRICT 6. SMT. MINI ANTONY LOWER PRIMARY SCHOOL ASSISTANT ST.PAUL'S L.P. SCHOOL, CONVENT ROAD NORTH PARAVOOR, ERNAKULAM DISTRICT R6 BY ADV. SRI.C.K.PAVITHRAN R5 BY ADV. SRI.T.P.SAJAN GOVERNMENT PLEADER SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------------------- W.P.(C) NO. 20680 OF 2008 -------------------------------------------- Dated this the 4th August, 2008 JUDGMENT The petitioner, Sri.Rajan Antony, is an Upper Primary School Assistant in St.Aloysius High School, North Paravoor under the management of the fifth respondent. According to the petitioner, he is the senior-most claimant for promotion to the post of High School Assistant (Malayalam). The Manager promoted the sixth respondent, Smt.Mini Antony, as HSA (Malayalam). The District Educational Officer rejected the proposal for approval of the appointment of the sixth respondent, as per Ext.P4 order dated 5.11.2007 . The order of the District Educational Officer was confirmed by the Deputy Director in appeal, as per Ext.P5 order dated 15.4.2008. The sixth respondent filed a Revision before the Director of Public Instruction. As per Ext.P6 order dated 19.6.2008, the Director of Public Instruction allowed the Revision and the District Educational Officer was directed to approve the appointment of the sixth respondent as HSA (Malayalam) with effect from 5.6.2007 to 27.9.2007, if it is otherwise in order. Challenging Ext.P6 order, the petitioner has filed Ext.P7 Revision before the Government. Ext.P7 Revision is pending disposal. 2. The reliefs prayed for in the Writ Petition are the following: W.P.(C) NO.20680 OF 2008 :: 2 :: “a) call for the records relating to Exhibit P-6 and quash the original of the same by the issue of a writ of certiorari or other appropriate writ or order. b) declare that Exhibits P-1 and P-2 orders are legal and valid. c) issue a writ of mandamus or other appropriate writ order or direction commanding the 5th Respondent Manager to promote the Petitioner as High School Assistant (Malayalam) from 5.6.2007 to 27.9.2007 and from 20.6.2008 onwards. d) 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 P-7 after affording an opportunity of being heard to the Petitioner within a time limit and in the meantime approval of the 6th Respondent as High School Assistant (Malayalam) may be kept in abeyance. e) 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 present, the petitioner would be satisfied if relief (d) is granted. At the time when the Writ Petition came up for admission, an interim direction was issued to the fourth respondent, District Educational Officer, not to approve the appointment of the sixth respondent as HSA (Malayalam). The interim direction continues to be in force now. It is submitted by the learned counsel for the sixth respondent that the District Educational Officer has passed an order dated 9.7.2008, approving the appointment of the sixth respondent for the period from 5.6.2007 to 27.9.2007. W.P.(C) NO.20680 OF 2008 :: 3 :: 4. Ext.P7 Revision is pending disposal before the first respondent. In the facts and circumstances of the case, the Writ Petition can be disposed of directing the first respondent to consider and dispose of Ext.P7 Revision. The Writ Petition is, therefore, disposed of in the following manner: a) The first respondent shall consider and dispose of Ext.P7 Revision as expeditiously as possible and, at any rate, within a period of three months, after affording an opportunity of being heard to the petitioner and respondents 5 and 6. b) The approval of appointment of the sixth respondent by the District Educational Officer for the period from 5.6.2007 to 27.9.2007 will be subject to the result of Ext.P7 Revision. c) The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the first respondent. (K.T.SANKARAN) Judge ahz/