IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 21ST MARCH 2011 / 30TH PHALGUNA 1932 WP(C).No. 8639 of 2011(D) --------------------------------- PETITIONER(S): ------------------- 1. THE MANAGER, AIDED L.P SCHOOL, KOTTARASSERI, THEKKEPOTTA, PALAKKAD DISTRICT. 2. MANIKANDADAS, LOWER PRIMARY SCHOOL ASSISTANT, AIDED LP SCHOOL, KOTTARASSERI, THEKKEPOTTA, PALAKKAD DISTRICT. BY ADV. DR.GEORGE ABRAHAM RESPONDENT(S): --------------------- 1. THE ASSISTANT EDUCATIONAL OFFICER,ALATHUR - 678 541. 2. THE DISTRICT EDUCATIONAL OFFICER,PALAKKAD - 678 001. 3. THE DEPUTY DIRECTOR OF EDUCATION, PALAKKAD - 678 001. 4. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 5. P.S. SHAJI, LOWER PRIMAYR SCHOOL ASSISTANT, GOVERNMENT HIGH SCHOOL, ERUMAYUR, PALAKKAD - 678 541. R1 TO R4 BY GOVT.PLEADER SMT. NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.8639 OF 2011 --------------------------------------- Dated this the 21th day of March, 2011. J U D G M E N T The petitioners seek for a direction to the Government to take a decision on Ext.P10 which is filed as a revision petition against the order passed by the Assistant Educational Officer. 2. Learned counsel for the petitioners explained that the petitioners' remedy is only to move the Government in the light of Exts.P4 and P5 orders passed by the Government itself. 3. It is the case of the petitioners that the 1st petitioner Manager appointed the 2nd petitioner on 13.12.2010 and the school was started in the year 1946 and standards 1 to 5 were permitted to be started by the erstwhile Madras Government. Ext.P3 is the order passed by the Government restoring the 5th standard. In Ext.P5, the Government issued a clarification in respect of the order which is passed as per Ext.P4. In Ext.P4 order, the Government while approving the appointment of one Smt.T.Lovely Chummar as L.P.S.A directed that no new post W.P.(C) No.8639/2011 2 should be created and if so created, should be filled up by protected hands only. This was clarified by Ext.P5 stating that “the next arising vacancy in the school should also be filled up by protected hand”. I am not expressing anything on the merits of the matter. Since Ext.P10 is pending before the Government, there will be a direction to the Government to take a decision on Ext.P10, after hearing the petitioners, within a period of three months. By Ext.P11, it is seen that the 5th respondent, a protected teacher, has been deployed to the petitioners' school. It is made clear that the same will be subject to the orders to be passed in the revision petition by the Government. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp