IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 24TH MAY 2011 / 3RD JYAISHTA 1933 WP(C).No. 13677 of 2011(H) -------------------------- PETITIONER(S): --------------- G.SUKUMARAN NAIR, S/O.GOPALA PILLAI, PEON, JAWAHAR H.S., EDAMULAKKAL.P.O., ANCHAL, KOLLAM, RESIDING AT VADAKKUMKARA, ARKKANOOR.P.O., AYUR, KOLLAM. BY ADV. SRI.B.MOHANLAL SRI.T.PRASAD RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. PIN-695 001. 2. THE DEPUTY DIRECTOR OF EDUCATION, THEVALLY, KOLLAM-691 009. 3. THE DISTRICT EDUCATIONAL OFFICER, PUNALUR, KOLLAM DISTRICT. PIN-691 305. 4. THE MANAGER, JAWAHAR H.S., EDAMULAKKAL.P.O., AYUR, KOLLAM. PIN-691 321. (THE EDAMULAKKAL GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY) GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.13677/2011-H ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 24th day of May, 2011 J U D G M E N T The petitioner is working as Peon in the school managed by the fourth respondent, namely, Edamukkal Grama Panchayat. According to him, he is duly qualified for promotion as Clerk in the school. A vacancy arose due to the retirement of one Shri N.Radhakrishna Pillai in the school. Ext.P2 is the application submitted by the petitioner seeking promotion. The same was rejected by the second respondent as per Ext.P3 stating that as per G.O. (MS).No.218/95, dated 06/10/1995 the appointments in Panchayat Schools are to be conducted by the Public Service Commission. 2. The petitioner is relying upon various orders issued in like situation. It is submitted that the petitioner has already filed a revision petition before the Government as per Ext.P7 against the order dated 05/03/2011 passed by the Deputy Director of Education. The petitioner prays that the Government may be directed to pass appropriate orders in the light of Exts.P5 and P6 and in the light of the provisions in the Kerala Education Rules. W.P.(C). No.13677/2011 -:2:- 3. I am not expressing anything on the merits of the matter. There will be a direction to the Government to consider Ext.P7 revision petition after hearing the petitioner, fourth respondent and any other parties within four months from the date of receipt of a copy of this Judgment. The petitioner will produce a copy of the writ petition along with a copy of the Judgment before the first respondent for compliance. The writ petition is disposed of as above. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms \\TRUE COPY// P.A TO JUDGE