IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 11TH FEBRUARY 2009 / 22ND MAGHA 1930 WP(C).No. 4410 of 2009(Y) ------------------------- PETITIONERS: --------------- CENIMOL.B.S, HSA (MALAYALAM), VICTORY VOCATIONAL HIGHER SECONDARY SCHOOL, OLATHANNI, NEYYATINKARA, THIRUVANANTHAPURAM - 695 121. BY ADV. SRI.B.RAGUNATHAN SRI.G.S.MOHANDAS SRI.RADHIKA RAJASEKHARAN P. SMT.K.N.RAJANI SRI.R.SRINATH RESPONDENTS: --------------- 1. DIRECTOR OF PUBLIC INSTRUCTION, JAGATHI, THIRUVANANTHAPURAM - 695 014. 2. DISTRICT EDUCATIONAL OFFICER, NEYYATINKARA, THIRUVANANTHAPURAM - 695 121. 3. MANAGER, VICTORY VOCATIONAL HIGHER SECONDARY SCHOOL, OLATHANNI, NEYYATINKARA, THIRUVANANTHAPURAM - 695 121. 4. SMT. NISHA.M.R, H.S.A (MALAYALAM), SUNIL BHAVAN, POOVANVILA, TIRUPURAM, NEYYATINKARA, THIRUVANANTHAPURAM - 695 133. BY GOVT.PLEADER SRI.A.J.VARGHESE FOR R1 AND R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: HARUN-UL-RASHID, J. ---------------------------------------- W.P.(C).No.4410 of 2009 ---------------------------------------- Dated this the 11th day of February , 2009 JUDGMENT The Petitioner is a High School Assistant (Malayalam) in the School managed by the 3rd respondent. It is the case of the petitioner that when the petitioner was working as UPSA there arose a vacancy in the post of HSA (Malayalam) in the academic year 1995-96 and that she was the senior and eligible candidate to be promoted and appointed on that post. But the Manager instead of appointing her, filled up the vacancy by direct recruitment . It is also submitted by the petitioner that instead of accommodating her, the Manager appointed his daughter-in-law. The 4th respondent is the daughter-in-law of the Manager. The petitioner further submitted that certain manipulated entries are entered in her service book by the Manager and that the said entries are the result of the collusive act between 2nd and 3rd respondents. Even though the petitioner complained before the 2nd respondent and requested for an enquiry about the unauthorised entries made in her service Book, there was no action . The main grievance of the petitioner is that the Manager appointed the 4th respondent and got approval by committing fraud. The petitioner also contended that the appointment of the 4th respondent was made without taking into account the seniority and continuance of the petitioner as HSA from 1998 onwards. W.P.(C) No. 4410 of 2009 -2- The appeal filed by the petitioner before the 1st respondent is pending consideration. Ext.P6 appeal is dated 5.1.2009 The only relief for the time being, sought for, is for a speedy disposal of Ext.P6 within a time limit. In the facts and circumstances I am of the view that a speedy disposal of Ext.P6 appeal will serve the purpose. Therefore this Court directs the 1st respondent to consider and dispose of Ext.P6 on merits and pass appropriate order in accordance with law after affording an opportunity of being heard to the petitioner and other affected persons. The order shall be passed within 4 months from the date of receipt of a copy of this judgment. (HARUN-UL-RASHID, JUDGE) es. HARUN-UL-RASHID, J. --------------------------- W.P.(C) No. 4410 of 2009 ---------------------------- JUDGMENT 11th February, 2009