IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 28TH MAY 2009 / 7TH JYAISHTA 1931 WP(C).No. 13629 of 2009(W) --------------------------------- PETITIONER: -------------- V.I.JACOB, S/O.V.K.ITTIRAKUTTY, WORKING AS CLERK, ST.GEORGE HIGH SCHOOL, THOZHIYOOR. BY MR.P.K.BEHANAN, ADVOCATE. RESPONDENTS: ------------------ 1. DISTRICT EDUCATION OFFICER, CHAVAKKAD, THRISSUR DISTRICT. 2. DEPUTY DIRECTOR OF EDUCATION, THRISSUR. 3. CORPORATE MANAGER, (CYRIL MAR BASELIOUS METROPOLITAN), ST.GEORGE HIGH SCHOOL, THOZHIYOOR. 4. P.A.SUDHEER, S/O.LATE P.C.AYYAPPAN, PALLIPPARAMBIL HOUSE, THOZHIYOOR P.O., (VIA) KUNNAMKULAM, PIN - 630 520. BY MR. A.J. VARGHESE, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.13629 OF 2009 --------------------------------------- Dated this the 28th day of May, 2009. J U D G M E N T The petitioner is working as Clerk in the St.George High School, Thozhiyoor. He was appointed initially as Full Time Menial on 01.08.1989 and thereafter he was promoted as Peon on 01.06.1994. The petitioner was promoted as Clerk on 28.08.2008. His appointments as Full Time Menial and Peon have been approved by the District Educational Officer at the relevant point of time. But his promotion as Clerk was not approved, which is evident from Exhibit P1 order. 2. Against Exhibit P1 order, the Manager has filed an appeal, Exhibit P2, before the Deputy Director of Education (2nd respondent). The said appeal is pending. The 4th respondent is said to be a Rule 51B claimant. According to the petitioner, the claim of the 4th respondent cannot be sustained and the petitioner being a claimant under Rule 43 Chapter XIV A of K.E.R, it has got precedence. Petitioner prays that the appeal, Exhibit P2, may W.P.(C) No.13629/09 2 be directed to be disposed of within a time limit as otherwise, the payment of salary and other benefits will be delayed. There will be a direction to the 2nd respondent to hear and dispose of Exhibit P2 appeal, with notice to the petitioner and respondents 3 and 4, within a period of two months from the date of receipt of a copy of this judgment. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp