IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 2ND JANUARY 2009 / 12TH POUSHA 1930 WP(C).No. 104 of 2009(K) PETITIONER: RINCY LUKOSE, HIGH SCHOOL ASSISTANT (PHYSICAL SCIENCE) ST.EPHRAME'S HIGH SCHOOL,MANNANAM, KOTTAYAM DIST. BY ADV. SRI.ELVIN PETER P.J. RESPONDENTS: 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION,KOTTAYAM. 4. THE DEPUTY DIRECTOR OF EDUCATION, ALAPPUZHA. 5. THE DISTRICT EDUCATIONAL OFFICER, KOTTAYAM 6. THE DISTRICT EDUCATIONAL OFFICER, KUTTANADU, ALAPPUZHA DISTRICT. 7. THE CORPORATE MANAGER, CORPORATE EDUCATIONAL AGENCY OF CMI SCHOOLS, PROVINCE OF ST.JOSEPH, PB.NO.401, VAZHUTHACAUD, THIRUVANANTHAPURAM.-14. 8. SRI.GEOGI D.MATTATHIL, MATTATHIL HOUSE, VEROOR P.O., CHANGANASSERY. GOVERNMENT PLEADER SRI.A.J.VARGHESE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C) NO. 104 OF 2009 K ------------------------------------------------------ Dated this the 2nd January, 2009 JUDGMENT The petitioner while continuing in service as Upper Primary School Assistant on the basis of Ext.P1 order of appointment, a leave vacancy of High School Assistant (Physical Science) arose on 8.1.2004 in St.Joseph High School, Pulinkunnu. Petitioner was promoted as H.S.A. (Physical Science) as per Ext.P2 order of appointment. But, the District Educational Officer rejected the approval as per Ext.P3 order. It is submitted by the counsel for the petitioner that challenging Ext.P3 order, the Manager filed an appeal before the Deputy Director of Education and that appeal was dismissed. Challenging the order of the Deputy Director of Education, Ext.P4 Revision was filed by the Manager before the Director of Public Instruction. Ext.P4 Revision is pending before the second respondent, Director of Public Instruction. 2. It is stated that after the petitioner was reverted as UPSA on 11.3.2004, a promotion vacancy of H.S.A.(Physical Science) arose in St.Joseph High School, Pulinkunnu due to the promotion of one Georgekutty as HSST. The petitioner was promoted as H.S.A.(Physical Science) as per Ext.P5 order. Approval was not accorded by the District Educational Officer and the proposal for approval was rejected. W.P.(C) NO. 104 OF 2009 :: 2 :: Challenging that order, petitioner filed an appeal before the Deputy Director of Education and that appeal was rejected as per order dated 24.2.2006. Challenging that order, petitioner has filed a Revision before the Director of Public Instruction, which was also dismissed as per Ext.P6 order dated 25.6.2007. Against Ext.P6 order, the Manager has filed Ext.P7 Revision before the Government. Ext.P7 is pending disposal. 3. It is stated that while the petitioner was continuing as H.S.A. (Physical Science) on the basis of Ext.P5 order, a regular vacancy of H.S.A.(Physical Science) arose in St.Ephrame's High School, Mannanam, under the same educational agency, due to the transfer of one Renny Mathew as HS.A.(Physical Science). In that vacancy, the petitioner was appointed by the Manager as per Ext.P9 order of appointment. The proposal for approval of Ext.P9 order of appointment was rejected by the District Educational Officer, Kottayam as per Ext.P10 order dated 27.12.2006. Challenging Ext.P10 order, the Manager filed an appeal before the Deputy Director of Education, Kottayam. That appeal was rejected as per Ext.P15 order dated 26.3.2007. The Manager filed a Revision before the Director of Public Instruction which was dismissed as per Ext.P16 dated 17.7.2008. Challenging Ext.P16 order, the Manager as well as the petitioner filed Revision before the Government. The Revision filed by the petitioner is Ext.P17. Ext.P17 is pending disposal. W.P.(C) NO. 104 OF 2009 :: 3 :: 4. The position as of now is that Ext.P4 Revision filed by the Manager is pending before the Director of Public Instruction; Exts.P7 and P17 Revisions filed by the Manager as well as the petitioner and also another Revision filed by the Manager challenging Ext.P16 order are pending before the Government. All these Revisions are to be disposed of after affording an opportunity of being heard to the petitioner, the Manager as well as the 8th respondent. 5. The reliefs prayed for in the Writ Petition are the following: “i) issue a writ of certiorari or any other appropriate writ, direction or order calling for the records leading to Exts.P3, P6, P10, P15 and P16 and quashing the same. ii) issue a writ of mandamus or any other appropriate writ, direction or order directing the 2nd respondent to consider and pass orders on Ext.P4 revision petition forthwith. iii) issue a writ of mandamus or any other appropriate writ, direction or order directing the 1st respondent to consider and pass orders on Ext.P7 revision petition forthwith. iv) issue a writ of mandamus or any other appropriate writ, direction or order directing the 1st respondent to consider and pass orders on Ext.P17 revision petition forthwith. v) and grant such other and further reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case including costs.” W.P.(C) NO. 104 OF 2009 :: 4 :: 6. The petitioner confines her reliefs to reliefs (ii), (iii) and (iv). I do not think that for granting the reliefs, it is necessary to issue notice to respondents 7 and 8. Learned Government Pleader takes notice for respondents 1 to 6. In the facts and circumstances of the case, the Writ Petition is disposed of as follows: a) The second respondent, the Director of Public Instruction, shall dispose of Ext.P4 Revision filed by the Manager as expeditiously as possible and, at any rate, within two months from the date of receipt of a copy of the judgment, after affording an opportunity of being heard to the Manager, the Petitioner as well as to the eighth respondent, Geogi D.Mattathil. b) The first respondent, State of Kerala, shall dispose of Ext.P7 Revision filed by the Manager, Ext.P17 Revision filed by the petitioner as well as another Revision filed by the Manager against Ext.P16 order, within a period of two months from the date of disposal of Ext.P4 Revision by the Director of Public Instruction, after affording an opportunity of being heard to the petitioner, the Manager and the eighth respondent, Geogi D.Mattathil. W.P.(C) NO. 104 OF 2009 :: 5 :: c) The petitioner shall produce a copy of the Writ Petition as well as certified copy of the judgment before respondents 1 and 2. d) The petitioner shall also forward a copy of the Writ Petition and a copy of the judgment to respondents 7 and 8. (K.T.SANKARAN) Judge ahz/