IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 19TH NOVEMBER 2009 / 28TH KARTHIKA 1931 WP(C).No. 32095 of 2009(F) -------------------------- PETITIONER(S): --------------- P.P. SEBASTIAN, (H.S.A. MATHS), A.K.M. HIGH SCHOOL, POYYA P.O., THRISSUR DIST BY ADV. SRI.E.S.M.KABEER RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, COLLECTORATE, THRISSRU. 3. THE DISTRICT EDUCATIONAL OFFICER, D.E.O. OFFOCE, IRINJALAKUDA. 4. THE MANAGER, A.K.M. HIGH SCHOOL, POYYA, THRISSUR. 5. P.M. ARAVINDAKSHAN, H.S.A. SANSKRIT, A.K.M. HIGH SCHOOL, POYYA, THRISSUR. SENIOR GOVERNMENT PLEADER, SHRI MUHAMOOD T.T THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.32095/2009-F ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 19th day of November, 2009 J U D G M E N T The petitioner herein is working as H.S.A (Maths) in the school managed by the fourth respondent. 2. The main issue concerns a dispute regarding the seniority between the petitioner and the fifth respondent. The petitioner is relying upon Ext.P1 seniority list dated 01/06/1999 wherein the petitioner's serial number is (9) and the fifth respondent's number is (17). Later, the fourth respondent issued a fresh seniority list as on 01/01/2007 wherein the seniority position was changed. This was challenged by the petitioner before the third respondent-District Educational Officer. But the third respondent provisionally approved the said list subject to the outcome of the Writ Petition (Civil) No.5332/2006 pending before this Court. Ext.P3 is the said order. Ext.P3 was challenged in Appeal by the petitioner before the second respondent-Deputy Director of Education. Going by Ext.P6, the appointment of the fifth respondent as Headmaster was approved. Challenging the same, the petitioner has filed Ext.P5 revision petition before the Government. The writ petition is filed seeking for a direction to the Government to take a decision on Ext.P5. W.P.(C). No.32095/2009 -:2:- 3. The learned Government Pleader on instructions submitted that the original of Ext.P5 has not reached the Government so far. 4. The learned counsel for the petitioner submitted that it was forwarded by Speed Post. 5. Whatever that be, if the petitioner re-files a proper copy of Ext.P5 before the first respondent within ten days from today, the first respondent will consider the same and pass orders within a period of three months from the date of its receipt after hearing the petitioner and respondent Nos.4 and 5. The petitioner will forward a copy of the Writ Petition along with a copy of the Judgment to the first respondent, for compliance. The Writ Petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms