IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 15TH OCTOBER 2010 / 23RD ASWINA 1932 WP(C).No. 29988 of 2010(W) -------------------------- PETITIONER(S): --------------- THE CORPORATE MANAGER OF CATHOLIC SCHOOLS KOLLAM BISHOP'S HOUSE, TANGASSERRY, KOLLAM DISTRICT. BY ADV. SRI.JOHN JOSEPH VETTIKAD SRI.C.JOSEPH JOHNY RESPONDENT(S): --------------- 1. STATE OF KERALA, REP : BY THE SECRETARY TO GOVERNMENT,GENERAL EDUCATION DEPARTMENT, GOVT SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695 001. 2. THE DISTRICT EDUCATIONAL OFFICER MAVELIKARA, PIN – 690 101. 3. THE DISTRICT EDUCATIONAL OFFICER KOLLAM, PIN – 691 001. 4. THE ASSISTANT EDUCATIONAL OFFICER CHENGANNOOR, PIN 689121. GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- W.P.(C).No.29988 of 2010 --------------------------------------------- Dated this the 15th day of October, 2010 JUDGMENT The petitioner is the Corporate Manager of Catholic Schools, Kollam. It is stated that P.J.Mathew, while working as Peon in Holy Infant Jesus UPS, Ulunthy, a school under the Corporate Management of the petitioner, expired on 1.10.2009. In that vacancy, Edison.C., who was working as Full Time Menial in Krist Raj Higher Secondary School, Kollam under the Corporate Management of the petitioner, was promoted and posted as Peon in Holy Infant Jesus UPS, Ulunthy with effect from 13.10.2009. It is stated that the promotion and posting of Edison was approved by the Assistant Educational Officer as per the order dated 18.12.2009. On the request of Edison, he was transferred to St.Aloysius HSS, Kollam, another school under the same Corporate Educational Agency, as per the order dated 31.7.2010 (Exhibit P2). Consequent on the transfer of Edison, Christopher.A., who was working as Full Time Menial in NSMGHS, Kottiyam under the same management, was promoted W.P.(C) No.29988/2010 2 and posted as Peon in Holy Infant Jesus UPS, Ulunthy. As per Exhibit P3 order dated 1.6.2010, the Assistant Educational Officer declined approval to the promotion and posting of Christopher. Exhibit P3 order was challenged by the Corporate Manager of Catholic Schools in appeal before the District Educational Officer, which was dismissed as per Exhibit P9 order dated 12.8.2010. The petitioner filed Exhibit P8 revision before the Government. Exhibit P8 is pending disposal. 2. The reliefs sought for by the petitioner in the Writ Petition are the following : “(i) Issue a writ of mandamus, order or direction in the nature thereof directing the first respondent to dispose of Exhibit P8 within a period of one month; (ii) Issue a writ of certiorari or other appropriate writ calling for the records relating to Exhibit P3 and quash the same ; (iii) Issue a writ of mandamus, order or direction in the nature thereof directing the W.P.(C) No.29988/2010 3 fourth respondent to grant approval to the appointment of Sri.Christopher A. Peon in Holy Infant Jesus UPS, Ulunthy with all consequential benefits; (iv) Grant such other orders that may be deemed fit and proper in the circumstances of the case.” 3. The learned counsel for the petitioner submitted that for the time being, the petitioner would be satisfied, if relief No.(i) is granted. The request is just and reasonable. In the facts and circumstances of the case, the Writ Petition is disposed of as follows : (a) The first respondent shall consider and dispose of Exhibit P8 revision, as expeditiously as possible an at any rate, within a period of three months from the date of receipt of a copy of the judgment, after affording an opportunity of being heard to the petitioner and any other W.P.(C) No.29988/2010 4 affected party. (b) The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the first respondent. K.T.SANKARAN JUDGE csl