IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 3RD APRIL 2009 / 13TH CHAITHRA 1931 WP(C).No. 11078 of 2009(D) ------------------------------------------- PETITIONER(S): ------------------------- THE MANAGER, AIDED LOWER PRIMARY SCHOOL, ETHANOOR WEST, KOLLENGODE SUB DISTRICT, PALAKKAD. BY ADV. MR.U.BALAGANGADHARAN RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. THE DISTRICT EDUCATIONAL OFFICER, PALAKKAD. 4. THE ASSISTANT EDUCATIONAL OFFICER, KOLLENGODE. R1 TO R4 BY SR. GOVERNMENT PLEADER MR. A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/04/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.N.RAVINDRAN, J. ------------------------------------- W.P.(C).No.11078 of 2009 -------------------------------------- Dated 3rd April, 2009 JUDGMENT Heard Sri.U.Balagangadhan, the learned counsel appearing for the petitioner and Sri.A.J.Varghese, the learned Government Pleader appearing for the respondents. 2. The petitioner is the Manager of an Aided Lower Primary School. He had appointed Sri.K.S.Suresh Kumar as Lower Primary School Assistant as per Ext.P1 order dated 10.10.2008. His grievance is that though the appointment order was forwarded along with a proposal seeking approval, to the Assistant Educational Officer, Kollengode, the said officer has not till date passed orders either declining or granting approval. The petitioner submits that it is on account of non-compliance with the directions issued by the Government to replace Pre-KER buildings with new buildings that the appointment has not been approved. Aggrieved by the delay on the part of the Assistant Educational Officer in declining the grant of approval, the petitioner had filed Ext.P6 revision petition before the Director of Public Instruction. In this writ petition, the petitioner seeks a writ in the nature of mandamus commanding the Assistant Educational Officer to approve the appointment of Sri.K.S.Suresh Kumar as L.P.S.A. and in the alternative WP(C).No.11078/2009 2 to direct the Director of Public Instruction to pass orders on Ext.P6 revision petition within a period of seven days. 3. Ext.P1 discloses that the petitioner had appointed Sri.K.S.Suresh Kumar as L.P.S.A. on 10.10.2008. The petitioner states that the said appointment was against a regular vacancy. Nearly five months have passed thereafter. Since the Assistant Educational Officer is yet to pass orders on the proposal submitted by the Manager seeking approval of the appointment of Sri.Suresh Kumar, Ext.P6 revision petition is not maintainable before the Director of Public Instruction. However, the Assistant Educational Officer is bound to pass orders in the matter without keeping the file pending. I accordingly dispose of this writ petition with a direction to the Assistant Educational Officer to consider whether the appointment of Sri.K.S.Suresh Kumar as L.P.S.A. can be approved. This shall be done within one month from the date on which the petitioner produces a certified copy of this judgment before the Assistant Educational Officer. The Assistant Educational Officer shall while considering the question whether appointment of Sri.K.S.Kuresh Kumar can be approved have due regard to Ext.P3 interim order passed by this Court in W.P.(C) No.32351 of 2008 filed by the petitioner. P.N.RAVINDRAN Judge TKS