IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 14TH JUNE 2011 / 24TH JYAISHTA 1933 WP(C).No. 15937 of 2011(N) -------------------------- PETITIONER(S): --------------------- M.P.VIJAYALEKSHMI, U P S A, NSS, UPPER PRIMARY SCHOOL, PUNNAPRA P.O., ALAPUZHA - 688004. RESIDING AT MURALISADANAM (H), PUNNAPRA P.O., ALAPUZHA - 688004. BY ADV. SRI.ABRAHAM VAKKANAL, SENIOR ADVOCATE SRI.PAUL ABRAHAM VAKKANAL SRI.DIJO SEBASTIAN SMT.VINEETHA SUSAN THOMAS RESPONDENT(S): ---------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM PIN - 695001. 2. THE ASSISTANT EDUCATIONAL OFFICER, ALAPPUZHA - 688001. 3. THE MANAGER, NSS UPS, PUNNAPRA P.O., ALAPPUZHA, PIN - 688004. 4. SMT.G.INDUMATHY, NSS UPS, PUNNAPRA P.O., ALAPPUZHA, PIN - 688004 5. P.O.SUMADEVI, NSS UPS, PUNNAPRA P.O., ALAPPUZHA, PIN - 688004 GP SMT. NISHA BOSE FOR R1 AND R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C)NO.15937 OF 2011 APPENDIX: PETITIONER'S EXHIBITS: EXHIBIT P1: TRUE COPY OF THE PETITION. EXHIBIT P2: TRUE COPY OF THE REPLY. EXHIBIT P3: TRUE COPY OF THE LETTER FROM THE MANAGER. EXHIBIT P4: TRUE COPY OF THE GO(P) NO. 154/09/Fin. EXHIBIT P5: TRUE COPY OF THE APPEAL (WITHOUT ANNEXURES) EXHIBIT P6: TRUE COPY OF THE ORDER No.D/877/11. EXHIBIT P7: TRUE COPY OF THE REVISION PETITION WITHOUT ANNEXURES RESPONDENTS' EXHIBITS: NIL TURE COPY P.A. TO JUDGE. kp T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.15937 Of 2011-N ----------------------------------------------------- DATED THIS THE 14th DAY OF JUNE, 2011 J U D G M E N T The petitioner seeks for a direction to the Government to take a decision on Exhibit P7 revision petition filed under Rule 92 of Chapter XIV-A of the Kerala Education Rules. The short facts of the case are the following: 2. A vacancy of Headmaster arose in the school on 25.11.2010. It is the case of the petitioner that the petitioner alone was qualified as on that date; but the 4th respondent was given promotion to the said post. It is the case of the petitioner that the Government Order Exhibit P4 could not have been applied for giving such a promotion. 3. The petitioner's qualification is B.Sc, B.Ed. and Account Test (Lower). Various contentions have been raised in the Writ Petition with regard to the alleged illegality in the promotion granted to the 4th respondent and denial of the promotion to the petitioner. W.P.(C)No. 15937/11 -2- 4. In the light of the fact that a revision petition filed by the petitioner is pending, there will be a direction to the Government to take a decision on Exhibit P7 after hearing the petitioner and respondents 3 to 5 within a period of three months from the date of receipt of a copy of this judgment. The petitioner will forward a copy of the Writ Petition along with a copy of this judgment to the Government for compliance. The Writ Petition is disposed of as above. Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn