IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 3RD NOVEMBER 2009 / 12TH KARTHIKA 1931 WP(C).No. 31250 of 2009(A) --------------------------------------- PETITIONER(S): -------------------------- K.V.JOSHY, S/O.K.A.VARGHESE, AGED 37 YEARS, HIGH SCHOOL ASSISTANT (SOCIAL STUDIES), K.K.M.HIGHER SECONDARY SCHOOL, VANDITHAVALAM, PALAKKAD DISTRICT. BY ADVS. MR.V.A.MUHAMMED MR.K.E.HAMZA RESPONDENT(S): ------------------------- 1. THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, TRIVANDRUM - 14. 2. THE DISTRICT EDUCATIONAL OFFICER, PALAKKAD. 3. THE MANAGER, K.K.M.HIGHER SECONDARY SCHOOL, VANDITHAVALAM, PALAKKAD DISTRICT. R1 & R2 BY SR. GOVT. PLEADER MR.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 31250 of 2009-A - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of November, 2009. JUDGMENT The petitioner is working as a High School Assistant in K.K.M. Higher Secondary School, Vandithgavalam, Palakkad District. He was appointed an Upper Primary School Assistant from 3.11.1997. He is having regular service from 1.6.1998. The appointments have been duly approved. When a vacancy of H.S.A. (Social Studies) arose in the school on 31.3.2008 consequent on the retirement of Smt. C.M. Amminikutty, being a claimant under Rule 43 of Chapter XIV-A K.E.R., the petitioner was appointed on 2.6.2008. But the approval of the same was declined by the District Educational Officer mainly on the ground that the post has to be filled up by inducting excess H.S.A. (Maths). It is the case of the petitioner that the petitioner was promoted against the 6th post in the category of H.S.A. (Social Studies). In the staff fixation order for the year 2008-2009 seven posts have been sanctioned for H.S.A. (Social Studies). It is also pointed out that in the year 2006-2007 there had been eight H.S.A. (Social Studies) posts sanctioned in the school and in 2007-2008 also seven posts in the said category were sanctioned. wpc 31250/2009 2 2. The petitioner has filed a representation as per Ext.P5 before the Director of Public Instruction. It is prayed that the same may be directed to be disposed of within a time frame. There will be a direction to the first respondent to take a decision on Ext.P5 after hearing the petitioner and the Manager, within a period of two months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/