IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 6TH JULY 2010 / 15TH ASHADHA 1932 WP(C).No. 20886 of 2010(I) -------------------------- PETITIONER: --------------- JOY ABRAHAM, S/O.ABRAHAM,AGED 53 YEARS, HIGH SCHOOL ASSISTANT (SOCIAL STUDIES), ST.DOMINIC HIGHER SECONDARY SCHOOL, KANJIRAPPALLY. BY ADV. SRI.M.SAJJAD SRI.V.K.GOPALAKRISHNAN RESPONDENT(S): --------------- 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM-1. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, TRIVANDRUM-14. 3. THE DISTRICT EDUCATIONAL OFFICER, KATTAPPANA, IDUKKI DISTRICT-685 508. 4. THE COPORATE MANAGER, CORPORATE MANAGEMENT OF SCHOOLS, DIOCESE OF KANJIRAPPALLY-680 507. 5. SRI.TOM PRASAD, HEADMASTER, FATIMA HIGH SCHOOL, MLAMALA, KATTAPPANA-685 508, IDUKKI DISTRICT. 6. SRI.JOSE ANTONY, HEADMASTER, ST.ANTONY'S HIGH SCHOOL, VANDANMEDU-686 551, IDUKKI DISTRICT. 7. SMT.C.D.ALEYKUTTY, HEADMISTRESS, S.H.HIGH SCHOOL, RAMAKKALMEDU-685 552, IDUKKI DISTRICT. R1 TO R3 BY GOVERNMENT PLEADER SRI. DILIP MOHAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T.RAVIKUMAR, J. --------------------------------------------- W.P.(C) No. 20886 of 2010 T --------------------------------------------- Dated this the 6th day of July, 2010 J U D G M E N T -------------------- The petitioner is working as High School Assistant (Social Studies) in St. Dominic Higher Secondary School, Kanjirappilly under the 4th respondent Corporate Educational Agency. He has continuous service under the management from 12.06.1980. According to the petitioner, he is fully qualified for promotion to the post of Headmaster. However, ignoring his seniority and eligibility the 4th respondent promoted respondents 5 to 7 as Headmasters. 2. The contention of the petitioner is that, the said action on the part of the 4th respondent is liable to be interfered with in the light of the decision of this Court reported in Kurian Lizy Vs. State of Kerala (2006(4) KLT 264) and Exhibit P4 judgment. Raising such contentions, 2 W.P.(C) No. 20886 of 2010 T he has approached the 2nd respondent by filing Exhibit P5 revision petition. Exhibit P5 revision petition is now pending. Since the petitioner has already resorted to the statutory remedy available and Exhibit P5 review petition filed by the petitioner is pending before the 2nd respondent, I do not propose to consider the claims of the petitioner on merits . In the aforesaid circumstance, this writ petition is disposed of with a direction to the 2nd respondent to consider and pass orders on Exhibit P5 revision petition filed under Rule 8A of Chapter XIV A of the Kerala Education Rules, expeditiously, at any rate, within two months from the date of receipt of a copy of this judgment with notice to the petitioner and respondent Nos. 4 to 7. C.T.RAVIKUMAR, JUDGE. rkc