IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 27TH JUNE 2008 / 6TH ASHADHA 1930 WP(C).No. 19398 of 2008(H) -------------------------- PETITIONER: ----------------- SANTHA.S.M., U.P.S.A, MOOTHEDATH HIGH SCHOOL, THALIPARAMBA, KANNUR DISTRICT. BY ADV. SRI.B.S.SWATHY KUMAR ADV. SRI.BINDU SREEKUMAR RESPONDENTS: ------------------ 1. DISTRICT EDUCATIONAL OFFICER, KANNUR. 2. THE DEPUTY DIRECTOR (EDUCATION), KANNUR. 3. THE MANAGER, MOOTHEDATH HIGH SCHOOL, THALIPARAMBA, KANNUR DISTRICT. BY GOVERNMENT PLEADER ADV. SHRI A.J. VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T. SANKARAN, J. ............................................................................ W.P.(C) No. 19398 OF 2008 ............................................................................ Dated this the 27th June, 2008 J U D G M E N T In the manner in which I propose to dispose of this Writ Petition, I do not think it is necessary to issue notice to the third respondent-Manager. Government Pleader takes notice for respondent Nos. 1 and 2. 2. It is stated in the Writ Petition that the petitioner was appointed as U.P.S.A. on 24.09.1990 in Moothedath High School, Thaliparamba, Kannur District. The appointment of the petitioner was duly approved by the educational authorities. It is further stated that the petitioner was promoted as High School Assistant (NS) with effect from 02.06.1997. As per the proceedings for staff fixation, the petitioner was retained in the same school and accommodated against the post of H.S.A. (English) as a protected teacher. Later on the basis of re-fixation of strength of teachers, the petitioner was reverted as U.P.S.A. by order dated 12.03.2007. The order dated 12.03.2007 was impugned before the appellate authority. It is stated that the aforesaid appeal is pending disposal. The petitioner states that there occurred a vacancy in the post of HSA (Natural Science) consequent on the retirement of one C.H. Krishnakumari, HSA (NS) with effect from 31.03.2007. The Manager promoted the petitioner as HSA (NS) in that vacancy as per Ext. P1 order dated 30.06.2007. Though the manager forwarded the proposal for approval of promotion of the petitioner to the District Educational Officer,. it was rejected by Ext. P2 order dated 20.05.2008. Challenging Ext. P2 order, the petitioner has filed a statutory appeal (Ext.P3) before the W.P.(C) No. 19398 OF 2008 2 second respondent, Deputy Director of Education, Kannur. Ext. P3 is pending disposal. 3. The reliefs prayed for in the Writ Petition are the following: “i) To issue a Writ of Certiorari or other appropriate writ, order or direction calling for the records leading to Ext.P2 and quash the same. ii) To issue a Writ of Mandamus or other appropriate writ, order or direction directing the 1st respondent to consider the proposal for approval of promotion of the Petitioner pursuant to Ext. P1 afresh within a time frame to be fixed by this Hon'ble Court. iii) To issue a Writ of Mandamus or other appropriate writ, order or direction directing the 2nd Respondent to consider and dispose of Ext. P3 appeal on merits after hearing the petitioner within a time frame to be fixed by this Hon'ble Court. iv) To issue such other and further reliefs as may be prayed for from time to time. ” 4. Learned counsel for the petitioner submits that for the time being, the petitioner would be satisfied if relief No.(iii) is granted. The request is just and reasonable. In view of the submission made by the learned counsel for the petitioner, it is not necessary to consider the availability of relief Nos. (1) and (ii). Accordingly, the Writ Petition is disposed of in the following manner: i) The second respondent, Deputy Director of Education, Kannur shall consider and dispose of Ext. P3 appeal dated 09.06.2008 submitted by the petitioner in accordance with law , after affording an opportunity of being heard to the petitioner as well as the Manager of the School, as expeditiously as possible and at any rate, within a period of two months. W.P.(C) No. 19398 OF 2008 3 ii) The petitioner shall forward a copy of the Writ Petition as well as certified copy of the judgment to the Deputy Director of Education without delay. iii) The petitioner shall send a copy of the judgment to the 3rd respondent by registered post and shall produce proof of the same before the Deputy Director of Education without delay. . K.T. SANKARAN, JUDGE. lk