IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 2ND JUNE 2009 / 12TH JYAISHTA 1931 WP(C).No. 15149 of 2009(K) -------------------------- PETITIONER(S): --------------- CHINNU C. NAIR, W/O. P.S.SREEJITH THEVANNOOR HOUSE, KOTTUKKAL P.O., ANKAL KOLLAM (LOWER PRIMARY SCHOOL ASSISTANT (RETRENCHED DEVASWOM BOARD LOWER PRIMARY SCHOOL,MAMPAZHATHARA PUNALUR. BY ADV. SRI.S.SUBHASH CHAND SMT.M.P.MARY RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM. 2. DIRECTOR OF PUBLIC INSTRUCTION OFFICE OF THE DIRECTOR OF THE DIRECTOR OF PUBLIC INSTRUCTION,THIRUVANANTHAPURAM. 3. ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE DIRECTOR OF THE DIRECTOR OF PUNALUR. 4. CORPORATE MANAGER TRAVANCORE DEVASWOM BOARD SCHOOLS, SECRETARY TRAVANCORE DEVASWOM BOARD, DEVASWOM BUILDING NANDHACODE,THIRUVANANTHAPURAM. ADV. SRI.K.N.VENUGOPALA PANICKER, SC, TDB FOR R4 SENIOR GOVERNMENT PLEADER, SRI.A.J.VARGHESE FOR R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.15149/2009-K ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 2nd day of June, 2009 J U D G M E N T The petitioner herein is a retrenched Lower Primary School Assistant from the Devaswom Board Lower Primary School, Mampazhathara, Punalur. The petitioner had been working therein from 13/07/2006 onwards, which is evidenced by Ext.P1 order. The approval of appointment of the petitioner was rejected as per Ext.P3. It is pointed out that when an Educational Adalath was conducted by the second respondent, a revision petition was submitted by the petitioner against Ext.P3 order which was disposed of by an order dated 16/06/2008 (Ext.P6), rejecting the same. Subsequently, by Ext.P7, the petitioner has been retrenched from service also. 2. The petitioner is relying upon Exts.P8 and P9 which are judgments rendered by this Court in O.P.No.3857/2002 and W.P.(C). No.24212/2005 respectively. The petitioner has filed Ext.P11 revision petition before the Government under Rule 92 of Chapter XIVA KER. 3. Heard the learned counsel for the petitioner, the learned Standing Counsel for the Travancore Devaswom Board and the learned Government Pleader. W.P.(C). No.15149/2009 -:2:- 4. The learned counsel for the petitioner submitted that the refusal to grant the approval is not justifiable for various reasons. It is therefore, prayed that the Government may be directed to dispose of Ext.P11 within a time frame. 5. Since Ext.P11 revision petition is pending before the Government, there will be a direction to the first respondent to take a decision on Ext.P11 after hearing the petitioner and the fourth respondent within a period of three months from the date of receipt of the copy of this judgment. The petitioner will produce a copy of the writ petition along with the copy of the judgment before the first respondent for compliance. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms