IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 21ST JULY 2008 / 30TH ASHADHA 1930 WP(C).No. 21821 of 2008(W) PETITIONER: V.P.MATHEW, S/O. V.O.PHILIP, AGED 39 YEARS, MANAGER, ST.MARY'S HIGH SCHOOL NIRANAM 689 621,PATHANAMTHITTA BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENTS : 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARAIT, TRIVANDRUM 2. THE DIRECTOR OF PUBLIC INSTRUCTION JAGATHY, TRIAVANDRUM-14 3. THE DISTRICT EDUCATIONAL OFFICER TIRUVALLA. 4. SMT. JOLLY VARGHESE UPPER PRIMARY SCHOOL ASSISTANT ST.MARY'S HIGH SCHOOL, NIRANAM, PATHANAMTHITTA 689 621. GOVERNMENT PLEADER SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------------------- W.P.(C) NO. 21821 OF 2008 W -------------------------------------------- Dated this the 21st July, 2008 JUDGMENT Petitioner is the Manager of St.Mary's High School, Niranam. It is stated that the Government directed the petitioner to promote one V.A.Benu Iype, UPSA as HSA (Physical Science) and that he had complied with the same by promoting Smt.V.A.Benu Iype as HSA (Physical Science). The resultant vacancy of UPSA was filled up by appointing the fourth respondent, Smt.Jolly Varghese, as per Ext.P2 appointment order dated 20.6.2007. Ext.P2 was sent for approval, as per Ext.P3. As per Ext.P4 order dated 10.1.2008, the District Educational Officer declined approval of the appointment of the fourth respondent on the ground that one Susan K.Mathew, a protected High School Assistant (Mathematics) should be absorbed as UPSA. Challenging Ext.P4 order, the petitioner filed Ext.P6 appeal before the Director of Public Instruction. 2. It is stated that in the meanwhile, the Educational Officer issued staff fixation order for 2007-08 and besides requiring to absorb Susan K.Mathew, sanction for additional post was also declined. The staff fixation order is marked as Ext.P7. The petitioner filed Ext.P8 appeal challenging Ext.P7 staff fixation order. W.P.(C) NO.21821 OF 2008 :: 2 :: 3. Petitioner filed W.P.(C) No.6813 of 2008 voicing the grievance that Ext.P6 and Ext.P8 appeals were not disposed of. The Writ Petition was disposed of as per Ext.P9 judgment. Thereafter, Exts.P10 and P11 orders were passed by the Director of Public Instruction on 20.5.2008 and 24.5.2008 respectively. Aggrieved by Exts.P10 and P11 orders, petitioner has filed a composite Revision dated 20.6.2008 before the Government (Ext.P12). Ext.P12 Revision is pending disposal. 4. The reliefs prayed for in the Writ Petition are the following: “(a) call for the records relating to Exhibits P4, P10 and P11 and quash the originals of the same by the issue of a writ of certiorari or other appropriate writ or order. (b) issue a writ of mandamus or other appropriate writ order or direction commanding the 1st, 2nd and 3rd Respondents to grant additional Division and post in U.P.Section of the School as per the provisions in the Kerala Education Rules. (c) issue a writ of mandamus or other appropriate writ order or direction commanding the 3rd Respondent to approve the Exhibit P2 order of appointment. (d) issue a writ of mandamus or other appropriate writ order or direction commanding the 1st Respondent to effectively consider and pass appropriate orders upon Exhibit P12 after affording an opportunity of being heard to the petitioner within a time limit. (e) pass such other order or direction which this Hon'ble Court may deem fit and proper to grant in the circumstances of the case.” W.P.(C) NO.21821 OF 2008 :: 3 :: 5. Learned counsel for the petitioner submits that, for the present, the petitioner is confining his relief to relief (d) with liberty to voice the other grievances at the appropriate stage. 6. In the manner in which the Writ Petition is being disposed of, notice to the fourth respondent is not necessary. Learned Government Pleader took notice for respondents 1 to 3. In the facts and circumstances of the case, the Writ Petition is disposed of directing the first respondent to dispose of Ext.P12 Revision as expeditiously as possible and, at any rate, within a period of two months from the date of receipt of a copy of the judgment, after affording an opportunity of being heard to the petitioner and any other affected person. Petitioner shall produce certified copy of the judgment and a copy of the Writ Petition before the first respondent. Petitioner would be free to produce such other documents and materials as are relevant. Petitioner shall send a copy of the judgment by registered post to the fourth respondent and shall produce proof of the same before the first respondent. (K.T.SANKARAN) Judge ahz/