IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 5TH JANUARY 2011 / 15TH POUSHA 1932 WP(C).No. 322 of 2011(M) ------------------------ PETITIONER(S): --------------- REHANA.A.B., W/O./V.J.HAREES MUSALIYAR, VETTIPLACKAL HOUSE, VAIPUR.P.O., THIRUVALLA (UPPER PRIMARY SCHOOL ASSISTANT, MUSLIM HIGHER SECoNDARY SCHOOL, KANGAZHA). BY ADV. SRI.S.SUBHASH CHAND SRI.T.NIKLAVU RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001. 2. THE DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, KANJIRAPPALLY, PIN-686 507. 3. THE MANAGER, MUSLIM HIGHER SECONDARY SCHOOL, KANGAZHA, PIN-686 541. 4. SABEENA.M.T., H.S.A., MUSLIM HIGHER SECONDARY SCHOOL, KANGAZHA, PIN-686 541. 5. JYOTHI K.NAIR, H.S.A. (MATHS), MUSLIM HIGHER SECONDARY SCHOOL, KANGAZHA, PIN-686 541. 6. THE DIRECTOR OF PUBLIC INSTRUCTION, OFFICE OF THE DIRECTOR OF PUBLIS INSTRUCTION, THIRUVANANTHAPURAM, PIN-695 001. GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.322/2011-M ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 5th day of January, 2011 J U D G M E N T The petitioner is working as an Upper Primary School Assistant in Muslim Higher Secondary School, Kangazha which is an aided school. Her initial appointment was approved from 08/06/2001 as evidenced by Ext.P1 order. In that school, a leave vacancy of H.S.A (Maths) arose consequent on the availing of leave by Smt.Jyothi K.Nair, and the petitioner was promoted for the period from 05/07/2001 to 06/11/2001. It is stated that the said appointment was also approved and salary was paid which resulted in the petitioner becoming a claimant under Rule 51A of Chapter XIV A K.E.R. 2. In the school, the Manager has made certain accommodations in favour of respondents 4 and 5 and, finally, the District Educational Officer passed an order as per Ext.P9, which according to the petitioner is not sustainable. It is in these circumstances, the petitioner has filed a revision petition before the Director of Public Instructions as per Ext.P10. The W.P.(C). No.322/2011 -:2:- main prayer raised by the petitioner therein is to reject the appointment of the fourth respondent and to direct the Manager to promote the petitioner as H.S.A (English). 3. The learned counsel for the petitioner submitted that urgent orders are required in the revision petition and, therefore, the same may be directed to be disposed of expeditiously and within a time limit. 4. There will be a direction to the sixth respondent to take a decision on Ext.P10 revision petition after hearing the petitioner and respondent Nos.3 to 5 within three months. The petitioner will produce a copy of the writ petition along with a copy of the Judgment before the sixth respondent for compliance. If the petitioner seeks for any interim order before the sixth respondent, the application will be disposed of expeditiously after hearing the parties concerned within three weeks from the date of receipt of the application for interim order. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms \\TRUE COPY// P.A TO JUDGE