IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 6TH DECEMBER 2011 / 15TH AGRAHAYANA 1933 WP(C).No. 32377 of 2011(V) -------------------------- PETITIONER: --------------- T.SAJEESH MON, SON OF THEETHI, AGED 27 YEARS, UPPER PRIMARY SCHOOL ASSISTANT, K.C.P.HIGHER SECONDARY SCHOOL, KAVASSERY, PALAKKAD DISTRICT – 678 543. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENTS: ----------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM – 695 001. 2. THE DISTRICT EDUCATIONAL OFFICER, PALAKKAD DISTRICT – 678 001. 3. THE MANAGER, K.C.P.HIGHER SECONDARY SCHOOL, KAVASSERY, PALAKKAD DISTRICT – 678 543. BY SR.GOVT.PLEADER SHRI M.A.FAYAZ FOR R1 & R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.32377/11 PETITIONER'S EXTS: EXT.P1: COPY OF APPOINTMENT ORDER OF THE PETITIONER DT.1.6.11. EXT.P2: COPY OF JUDGMENT IN O.P.NO.8056/86 DT.9.12.86. RESPONDENTS' EXTS: NIL TRUE COPY P.A.TO JUDGE dsn T.R.RAMACHANDRAN NAIR, J. -------------------------------------------------- W.P.(C)No.32377 of 2011 -------------------------------------------------- DATED THIS THE 6th DAY OF DECEMBER, 2011 JUDGMENT The petitioner was appointed as Upper Primary School Assistant by the Manager of the school as per Exhibit P1 order in the promotion vacancy of one Smt.B.Rajitha, as High School Assistant. 2. The petitioner points out that so far no orders have been passed by the District Educational Officer on the proposal for approving the appointment. 3. The learned counsel for the petitioner submitted that as against the promoted post of High School Assistant , there is another claimant and in the light of Exhibit P2 judgment of this Court and the principles stated therein in paragraph No.7, any dispute regarding the claim with respect to higher post, like High School Assistant herein, need not delay the approval of appointment of the Upper Primary School Assistant, which is only consequential. W.P.(C)No.32377/11 -2- 4. It is upto the District Educational Officer to take a decision in the matter, after notice to the parties. There will be a direction to the District Educational Officer to pass appropriate orders with notice to the petitioner, the Manager and any other affected parties within a period of six weeks 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 2nd respondent for compliance. The Writ Petition is disposed of as above. Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn