IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 25TH NOVEMBER 2009 / 4TH AGRAHAYANA 1931 WP(C).No. 33250 of 2009(A) -------------------------------- PETITIONER: -------------- JASEERA.P.P,HSA (ENGLISH),NATIONAL HIGH SCHOOL,KOLATHUR,MALAPPURAM DISRICT,RESIDING AT PUTHANPALLIYALIL HOUSE,PULAMANTHOLE.P.O, MALAPPURAM DISTRICT,PIN-679 323. BY MR.K.JAJU BABU, ADVOCATE. MS.M.U.VIJAYALAKSHMI, ADVOCATE. MR.BRIJESH MOHAN, ADVOCATE. MR.T.R.SADEESAN, ADVOCATE. MR.T.S.SHYAM PRASANTH, ADVOCATE. MR.A.HAROON RASHEED, ADVOCATE. RESPONDENTS: ------------------ 1. STATE OF KERALA,REPRESENTED BY ITS SECRETARY TO GOVERNMENT,GENERAL EDUCATION DEPT., GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCTION, MALAPPURAM. 4. THE DISTRICT EDUCATIONAL OFFICER, MALAPPURAM. 5. THE MANAGER,NATIONAL HIGH SCHOOL, KOLATHUR,MALAPPURAM DISTRICT,PIN-679 338. 6. MANOJ.T.V,HSA (ENGLISH),NATIONAL HIGH SCHOOL,KOLATHUR,MALAPPURAM DISTRICT,PIN-679 338. BY MR.T.T. MUHAMOOD, SR. GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.33250 OF 2009 --------------------------------------- Dated this the 25th day of November, 2009. J U D G M E N T The petitioner herein was appointed as HSA (English) under the 5th respondent in a sanctioned long leave vacancy from 07.06.2006 to 06.12.2007 pursuant to Exhibit P1 order. In spite of the fact that the appointment was to an established vacancy of more than one year duration, the approval was declined on permanent basis by the 2nd respondent. Going by Exhibit P2, the appointment has been approved only on daily wage basis. Challenging the same, the Manager has filed a revision petition before the Government as per Exhibit P3. It is the grievance of the petitioner that so far no orders have been passed on Exhibit P3. 2. A subsequent vacancy arose due to the retirement of the Headmaster and the consequent promotion of one Sri.A.K.Poulose, H.S.A (Mathematics) as Headmaster. The petitioner was regularly appointed with effect from 10.07.2007 W.P.(C) No.33250/2009 2 onwards. This was again rejected stating that there is a Rule 43 claimant, as per Exhibit P5. The Manager has, thereafter, filed an appeal before the Deputy Director of Education as per Exhibit P6. The petitioner has produced Exhibit P7 to show that Rule 43 claimant was also given approval for appointment in another vacancy with effect from 02.06.2008. 3. Heard the learned Government Pleader appearing for respondents 1 to 4. After getting instructions, it is submitted that the revision petition as per Exhibit P3 and the appeal filed as per Exhibit P6 are pending before the respective authorities. Therefore, this writ petition is disposed of directing the 1st respondent to take a decision on Exhibit P3, after hearing the petitioner and the Manager, within a period of four months from the date of receipt of a copy of this judgment. There will be a further direction to the 3rd respondent to take a decision on Exhibit P6 appeal, after hearing the petitioner and the Manager, within a period of two months. T.R. RAMACHANDRAN NAIR JUDGE smp