IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 3RD APRIL 2009 / 13TH CHAITHRA 1931 WP(C).No. 10985 of 2009(P) -------------------------------------- PETITIONER(S): ---------------------- ASHA P.M., W/O.SUJAVUDHEEN R.M., AGED 30 YEARS, UPPER PRIMARY SCHOOL ASSISTANT, HIGH SCHOOL THIRUVALAYANNUR, KALLOOR-VADAKKEKAD, THRISSUR DISTRICT. BY ADV. MR.JACOB SEBASTIAN RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVT., GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, TRIVANDRUM - 14. 3. THE DEPUTY DIRECTOR OF EDUCATION, AYYANTHOLE, THRISSUR DISTRICT. 4. THE DISTRICT EDUCATIONAL OFFICER, CHAVAKKAD, THRISSUR DISTRICT. 5. THE MANAGER, HIGH SCHOOL THIRUVALAYANNUR, KALLOOR-VADAKKEKAD, THRISSUR DISTRICT. R1 TO R4 BY SR.GOVERNMENT PLEADER MR.A.J. VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ P.N.RAVINDRAN, J. ------------------------------------- W.P.(C).No.10985 of 2009 -------------------------------------- Dated 3rd April, 2009 JUDGMENT Heard Sri.Jacob Sebastian, the learned counsel appearing for the petitioner and Sri.A.J.Varghese, the learned Government Pleader appearing for respondents 1 to 4. In the nature of the order that I propose to pass, it is not necessary to issue notice to or hear the fifth respondent. 2. The fifth respondent Manager appointed the petitioner as Upper Primary School Assistant by Ext.P1 order dated 14.6.2007. By Ext.P4 order passed on 11.2.2008, the District Educational Officer declined to approve the said appointment. The Manager thereupon filed an appeal before the Deputy Director of Education. The said appeal was dismissed by Ext.P5 order dated 17.7.2008. The petitioner states that though the Manager had filed Ext.P6 revision petition before the Director of Public Instruction, the Manager did not pursue it and therefore she was constrained to file Ext.P7 revision petition before the State Government under Rule 92 of Chapter XIV A of the Kerala Education Rules. In this writ petition, the petitioner challenges Exts.P4 and P5 and also seeks a direction to the State Government to consider and pass orders on Ext.P7 revision petition after affording her and the Manager a WP(C).No.10985/2009 2 reasonable opportunity of being heard. 3. Exts.P4 and P5 disclose that the petitioner's appointment as per Ext.P1 has not been approved. Though the Manager had moved the Director of Public Instruction in Ext.P6 revision petition, the petitioner states that the Manager did not pursue it and therefore she proceeded on the basis that the said revision petition was rejected. Even if that be so, the Government can exercise the power of revision under Rule 92 of Chapter XIV A of the K.E.R. and revise Exts.P4 and P5 and the order if any passed by the Director of Public Instruction on Ext.P6. The petitioner was appointed on 14.6.2007. Nearly two years have passed thereafter. In these circumstances, I am of the opinion that the Government should expeditiously consider Ext.P7 and pass orders thereon. I accordingly dispose of this writ petition with a direction to the Secretary to Government, General Education Department to consider Ext.P7 revision petition and pass orders thereon after affording the petitioner and the fifth respondent Manager a reasonable opportunity of being heard. Final orders in the matter shall be passed within three months from the date on which the petitioner produces a copy of this writ petition along with a copy of this judgment. I further direct that in WP(C).No.10985/2009 3 view of the directions issued above, the Director of Public Instruction need not pass orders on Ext.P6 revision petition filed by the Manager if it has not so far been disposed of and the said revision shall stand struck off. The writ petition is disposed of as above. P.N.RAVINDRAN Judge TKS