IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 13TH OCTOBER 2010 / 21ST ASWINA 1932 WP(C).No. 31326 of 2010(M) -------------------------- PETITIONER(S): --------------- MUHAMMED IQBAL PUTHALATH, S/O.V.P.ABDUL KHADER, AGED 36 YEARS, HIGH SCHOOL ASSISTANT (URDU), KOODALI HIGH SCHOOL, P.O.KOODALI, KANNUR DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): --------------- 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, TRIVANDRUM-14. 3. THE DISTRICT EDUCATIONAL OFFICER, TELLICHERRY, P.O.TELLICHERRY, KANNUR DISTRICT- 670 101. 4. THE MANAGER, KOODALI HIGH SCHOOL, P.O.KOODALI, KANNUR DISTRICT- 670 592. GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- W.P.(C).No.31326 of 2010 --------------------------------------------- Dated this the 13th day of October, 2010 JUDGMENT In the manner in which I propose to dispose of the Writ Petition, I do not think it is necessary to issue notice to the fourth respondent. Government Pleader takes notice for respondents 1 to 3. 2. The petitioner was appointed as HSA (Urdu) in Koodali High School from 30.7.2009 against the retirement vacancy of P.P.Ravindran, who retired on 31.3.2009 as Full Time HSA (Urdu). It is stated that P.P.Ravindran was appointed as L.G.Urdu Teacher in the U.P. Section of the school in the year 1983; and in 1986, he was promoted as Full Time HSA (Urdu). The post against which the petitioner was appointed was not sanctioned by the District Educational Officer as per the Staff Fixation Order 2009-2010 evidenced by Exhibit P2. Challenging Exhibit P2, the petitioner filed Exhibit P8(a) revision under Rule 12E of Chapter XXIII of the Kerala Education Rules. The WPC No.31326/2010 2 revision is pending disposal. Since Exhibit P8(a) was not disposed of, the petitioner filed Exhibit P9 dated 20.9.2010 before the Government. 3. The reliefs prayed for in the Writ Petition are the following : “(i) issue a writ of mandamus or other appropriate writ order or direction commanding the third respondent to grant approval to Exhibit P1 appointment order. (ii) declare that the fourth respondent school is entitled to have continuous sanction for full-time post of High School Assistant (Urdu). (iii) issue a writ of mandamus or other appropriate writ order or direction commanding the first respondent to effectively consider and pass appropriate orders upon Exhibit P9 after affording an opportunity of being heard to the petitioner within a time WPC No.31326/2010 3 limit. (iv) pass such other order or direction which this Hon'ble Court may deem fit and proper to grant in the circumstances of the case.” 4. The learned counsel for the petitioner submitted that since Exhibit P8(a) revision is pending before the Director of Public Instruction, it is only proper that the Director of Public Instruction considers the revision on the merits. In the facts and circumstances of the case, the Writ Petition is disposed of as follows : (a) The Director of Public Instruction shall consider and dispose of Exhibit P8(a) revision, as expeditiously as possible and 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, the Manager and any other affected party. WPC No.31326/2010 4 (b) The petitioner shall produce certified copy of the judgment and a copy of the Writ Petition before the Director of Public Instruction. (c) The petitioner shall send a copy of the Writ Petition and a copy of the judgment to the fourth respondent Manager by registered post and the petitioner shall produce proof of the same before the Director of Public Instruction. K.T.SANKARAN JUDGE csl