IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 22ND NOVEMBER 2010 / 1ST AGRAHAYANA 1932 WP(C).No. 34052 of 2010(F) -------------------------- PETITIONER(S): --------------- N.J.GEORGE, S/O.JOSEPH, NEDUMKALLEL, AGED 62 YEARS, RETIRED HEADMASTER, PANCHAYAT U.P.SCHOOL, MARUTHOOR, KALLOORKAD PO, RESIDING AT NEDUMKALLEL HOUSE, KALLOORKAD P.O. BY ADV. SRI.M.R.HARIRAJ SRI.SURAJ.S SRI.P.A.KUMARAN SMT.VINEETHA B. SRI.NIRMAL V NAIR RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, MINISTRY OF EDUCATION, SECRETARIAT, TRIVANDRUM. 2. THE DISTRICT EDUCATIONAL OFFICER, D.E.O. OFFICE, MUVATTUPUZHA, ERNAKULAM DISTRICT. 3. ASSISTANT EDUCATIONAL OFFICER A.E.O OFFICE, KALLOORKAD P.O. 4. P.R.NARAYANAN NAIR, RESIDING AT THAKARAKATHIL HOUSE, KALLOORKADU PO, MUVATTUPUZHA 686 668. GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- W.P.(C).No.34052 of 2010 --------------------------------------------- Dated this the 22nd day of November, 2010 JUDGMENT In this Writ Petition, the petitioner challenges Exhibit P3 order dated 31.8.2010 passed by the District Educational Officer, Muvattupuzha. The District Educational Officer passed the order in compliance with the directions in Exhibit P2 judgment dated 17th May, 2010 in O.P.No.22379 of 2000. In Exhibit P2 judgment, it was held that the petitioner was entitled to be appointed as Headmaster in the vacancy which arose on 1.4.2000. However, the Manager appointed P.R.Narayanan Nair as the Headmaster. Narayanan Nair retired from service on 1.4.2002. The petitioner has also retired from service. As per Exhibit P2 judgment, this Court directed the District Educational Officer to consider all these aspects and pass appropriate orders. The District Educational Officer though held that the petitioner should have been WPC No.34052/2010 2 appointed as the Headmaster in the vacancy which arose on 1.4.2000, the benefits which were available to the petitioner on such appointment were denied to him as per Exhibit P3 order. He is aggrieved by such denial of the benefits. 2. Exhibit P3 order dated 31.8.2010 passed by the District Educational Officer is appealable under Rule 44(3) of Chapter XIVA of the Kerala Education Rules before the Deputy Director of Education. The petitioner has an effective alternative remedy. Therefore, it is not necessary to entertain the Writ Petition. Leaving open the right of the petitioner to challenge Exhibit P3 order in appeal before the Deputy Director of Education, the Writ Petition is closed. If the petitioner files an appeal before the Deputy Director of Education within a period of three weeks from today, the appeal shall be treated to have been filed within the period of limitation and the Deputy Director shall dispose of the same after affording an opportunity of being heard to the petitioner, P.R.Narayanan Nair and the Manager, within a period of three months from the date of receipt of the WPC No.34052/2010 3 appeal. The petitioner shall also produce a copy of the Writ Petition and certified copy of the judgment before the Deputy Director of Education. K.T.SANKARAN JUDGE csl