IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 4TH SEPTEMBER 2008 / 13TH BHADRA 1930 WP(C).No. 24307 of 2008(R) -------------------------- PETITIONER: --------------------- K. BIJU GEROGE, S/O.K.J. GEORGE, AGED 35, UPPER PRIMARY SCHOOL ASSISTANT, K.C.;P HIGHER SECONDARY SCHOOL, KAVASSERY, PALAKKAD. BY ADV. SRI.V.A.MUHAMMED RESPONDENTS: --------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DEPUTY DIRECTOR OF EDUCATION, PALAKKAD. 3. THE DISTRICT EDUCATIONAL OFFICER, PALAKKAD. 4. THE MANAGER, K.C.P HIGHER SECONDARY SCHOOL, KAVASSERY, PALAKKAD. 5. SMT.K.C. SHEEJA, K.C.P HIGHER SECONDARY SCHOOL, KAVASSERY, PALAKKAD. BY GOVERNMENT PLEADER ADV. SHRI A.J. VARGHESE. R5 BY ADV. SRI.KALEESWARAM RAJ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T. SANKARAN, J. .................................................... W.P.(C) No. 24307 OF 2008 .................................................... Dated this the 4th September, 2008 J U D G M E N T The petitioner is working as U.P.S.A. in the K.C.P. Higher Secondary School, Kavassery, Palakkad district. According to the petitioner, he commenced his service in the said school from 22.11.1999. According to the petitioner, he is qualified for promotion as H.S.A. (Social Studies) since he is having B.A. and B.Ed degrees. The fifth respondent is also working as U.P.S.A in the same school and she commenced her service in the said school from 15.12.2000. The fifth respondent is junior to the petitioner. The petitioner states that the fifth respondent is also qualified for promotion as H.S.A. (Social Studies). 2. A vacancy of H.S.A. (Social Studies) arose in the school from 01.06.2008. The petitioner submitted Ext. P1 representation to the Manager claiming promotion. Later, Exts. P2 and P3 representations were also submitted to the Manager through the Headmaster with copy to the District Educational Officer. 3. When the petitioner was not granted promotion, he moved W.P.(C)No. 17427 of 2008, which was disposed of as per Exhibit P6 judgment on 11.06.2008 directing the District Educational Officer to dispose of the W.P.(C) No. 24307 OF 2008 2 representations submitted by the petitioner, after affording an opportunity of being heard to the petitioner, the Manager as well as respondent No. 5. The District Educational Officer passed Ext. P7 order dated 14.07.2008 rejecting the contentions raised by the petitioner . The petitioner has filed Ext. P8 appeal before the Deputy Director of Education, Palakkad and it is pending disposal. Along with Ext. P8 appeal, the petitioner has filed Ext. P9 stay petition as well. 4. The reliefs prayed for in the Writ Petition are the following: a) Call for the records relating to Exhibit P7 and quash the original 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 4th respondent to grant promotion to the petitioner as High School Assistant (Social Studies) with effect from 2.6.2008 and direct the 3rd respondent to approve such promotion expeditiously. c) Issue a writ of mandamus or other appropriate writ order or direction commanding the 2nd respondent to effectively consider and pass appropriate orders upon Exhibits P8 and P9 after affording an opportunity of being heard to the petitioner within a time limit before taking up the question of approval to the promotion of the 5th respondent by the 3rd respondent. d) pass such other order or direction which this Hon'ble Court may deem fit and proper to grant in the circumstances of the case.” 4. Learned counsel for the petitioner submits that for the present, the W.P.(C) No. 24307 OF 2008 3 petitioner would be satisfied if prayer (c) is granted , reserving the right of the petitioner to agitate the other questions raised in the Writ Petition at the appropriate stage. 5. Learned counsel for the 5th respondent submitted that the claim made by the petitioner has no merit and he is not entitled to get promotion, since the petitioner has not acquired the B.Ed degree in the subject concerned. It is also submitted that the fifth respondent is the only candidate entitled to get promotion. 6. Since Exts. P8 appeal and P9 stay petition are pending before the Deputy Director of Education, I do not propose to consider the claims made by the petitioner as well as the fifth respondent and the question as to who is entitled to get promotion. These matters are to be decided by the Deputy Director of Education in Ext.P8 appeal. In the facts and circumstances of the case, the Writ Petition is disposed of as follows; i) The Deputy Director of Education shall dispose of Ext.P8 appeal filed by the petitioner as expeditiously as possible and at any rate within a period of two months, after affording an opportunity of being heard to the petitioner, the Manager as well as the fifth respondent. ii) The Deputy Director of Education shall consider Ext. P9 stay petition on the merits after affording an opportunity of being heard to the petitioner as well as the fifth respondent within a period of one month. Till then, the approval W.P.(C) No. 24307 OF 2008 4 of promotion of the fifth respondent shall be kept in abeyance. iii) The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the Deputy Director of Education. iv) The petitioner as well the respondent Nos. 4 and 5 would be entitled to produce such other materials and documents, as are relevant and put forward such other contentions and submit representations before the Deputy Director of Education in support of their respective contentions. K.T. SANKARAN, JUDGE. lk