IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 23RD JULY 2008 / 1ST SRAVANA 1930 WP(C).No. 17276 of 2008(F) PETITIONER : MUSBIN.C.H., ARBIC TEACHER ALP SCHOOL, CHOLAKULAM, MELATTUR PO, MALAPPURAM BY ADV. SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA RESPONDENTS: 1. THE ASSISTANT EDUCATIONAL OFFICER, MELATTUR, MALAPPURAM DISTRICT. 2. THE MANAGER, ALP SCHOOL, CHOLAKULAM SHRI.M.P.GANGADHARAN.,(RECEIVER APPOINTED IN OS.85/89 (SUB COURT, MANJERI), MELATTUR, MALAPPURAM DISTRICT. R2 BY ADV. SRI.T.A.SHAJI GOVERNMENT PLEADER SIR.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------------------------- W.P.(C) NO. 17276 OF 2008 F --------------------------------------------------- Dated this the 23rd July, 2008 JUDGMENT The petitioner was appointed as Arabic Teacher in ALP School, Cholakkulam, as per Ext.P1 order of appointment dated 5.7.2006. Ext.P1 order of appointment was issued by the Advocate Receiver, who was appointed in O.S.No.85 of 1989, Sub Court, Manjeri. The suit is for partition, one of the items being ALP School, Cholakkulam, the buildings thereon and the property in which the School is housed. On a report submitted by the Advocate Receiver to accord sanction to appoint an Arabic Teacher in ALP School, Cholakkulam, the learned Subordinate Judge passed Ext.P2 order dated 26.5.2006, according sanction to appoint an Arabic Teacher on temporary basis. The operative portion of the order reads as follows: “The sanction is accorded only to appoint an Arabic teacher on temporary basis and it is made clear that the said teacher will never get any claim over the post which would adversely affect the interest of the parties to the suit. Point is hence answered accordingly.” 2. The appointment was approved by the Assistant Educational Officer as per order dated 22.11.2006 and it is recorded on Ext.P1 as follows: W.P.(C) NO.17276 OF 2008 F :: 2 :: “The appointment is approved as Junior language Arabic Teacher, Full Time w.e.f. 5.7.2006.” 3. The petitioner submitted Ext.P3 representation to the Advocate Receiver, who is acting as the Manager, requesting to declare the probation of the petitioner. Ext.P3 was forwarded by the Headmistress to the Manager as per Ext.P4 letter dated 4.3.2005. The petitioner submitted another representation (Ext.P5) dated 1.5.2008 to the Manager. The Manager replied by Ext.P6 dated 29.4.2008, taking the view thus: “This is to inform you that the appointment of Sri.C.H.Musbin is made on 5/7/2006 according order of the Hon'ble Subordinate Judge, Manjeri in R.R.1/06 in O.S.85/89. Though the incumbent satisfactorily working in the school since 5/7/06 the further action can be taken only as per the order of the Hon'ble Subordinate Judge of Manjeri.” 4. The petitioner submitted Ext.P7 representation dated 29.5.2008 before the Assistant Educational Officer, requesting to declare the probation of the petitioner and to sanction the increment and all other consequential reliefs. Ext.P7 is pending disposal before the first respondent. 5. The reliefs prayed for by the petitioner are the following: W.P.(C) NO.17276 OF 2008 F :: 3 :: “(i) To issue a Writ of Certiorari or any other appropriate Writ, order or direction, to call for the records leading to Ext.P6 and quash the same; (ii) To issue a Writ of Mandamus or any other appropriate Writ, order or direction, declaring the probation of the petitioner as Arabic Teacher in the 2nd respondent School and grant increments within a time frame to be fixed by this Hon'ble Court; (iii) To grant the cost of these proceedings to the petitioner; and (iv) To grant such other and further reliefs as are just, proper and necessary in the facts and circumstances of the case.” 6. The Advocate Receiver, who is acting as the Manager of the School, has filed a counter affidavit stating that as per Ext.P2 order, it was made clear that the Teacher would never get any claim over the post, which would adversely affect the interest of the parties to the suit. It is further stated that the Receiver/Manager has no power or authority to accede to the request of the petitioner without getting specific permission from the Court. It is stated that the Receiver/Manager is not in a position to consider the request made by the petitioner. 7. Though several reliefs are prayed for in the Writ Petition, learned counsel for the petitioner submits that, for the present, the petitioner would be satisfied if a direction is issued to the Assistant Educational Officer to dispose of Ext.P7 representation expeditiously. W.P.(C) NO.17276 OF 2008 F :: 4 :: In the facts and circumstances of the case, the Writ Petition is disposed of as follows: a) The Assistant Educational Officer, Melathur shall dispose of Ext.P7 representation dated 29.5.2008, submitted by the petitioner, as expeditiously as possible and, at any rate, within a period of two months, after affording an opportunity of being heard to the petitioner and the Manager (second respondent). b) The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the first respondent. c) It is made clear that I have not expressed any opinion on the merits of the case and also on the stand taken by the second respondent in the counter affidavit. d) The assistant Educational Officer shall dispose of Ext.P7 representation in accordance with law. (K.T.SANKARAN) Judge ahz/