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. 283 of 2011(I) ------------------------ PETITIONER(S): --------------- ARUN BABU M., S/O.MADHAVAN, AGED 39 YEARS, HIGH SCHOOL ASSISTANT (MATHS), YOGINI MATHA GIRLS HIGH SCHOOL, KOLLENGODE, PALAKKAD DISTRICT. BY ADV. SRI.K.E.HAMZA SRI.V.K.GOPALAKRISHNAN RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001. 2. THE DEPUTY DIRECTOR OF EDUCATION, PALAKKAD-678 014. 3. THE DISTRICT EDUCATIONAL OFFICER, PALAKKAD-678014. 4. THE MANAGER, YOGINI MATHA GIRLS HIGH SCHOOL, KOLLENGODE, PALAKKAD DISTRICT-678506. 5. SRI.P.U.BIJU, HIGH SCHOOL ASSISTANT (SS), YOGINI MATHA GIRLS HIGH SCHOOL, KOLLENGODE, PALAKKAD DISTRICT-678 506. 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.283/2011-I ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 5th day of January, 2011 J U D G M E N T The petitioner herein was initially appointed as U.P.S.A under the fourth respondent from 19/07/1999 and was later promoted as H.S.A (Maths) against a leave vacancy from 05/06/2004. 2. It is the case of the petitioner that when a regular vacancy of H.S.A (Maths) arose on 16/02/2008, instead of accommodating the petitioner, the fifth respondent H.S.A. (S.S) has been adjusted against it. It is contended that the petitioner ought to have been accommodated against the regular vacancy in the light of the principles stated by this Court in various decisions. 3. The petitioner has already approached the Government by filing Ext.P13 revision petition under Rule 92 of Chapter XIVA K.E.R. It is prayed that the Government may be directed to take a decision on Ext.P13. The writ petition is hence disposed of directing the first respondent to take a decision on Ext.P13 revision petition after hearing the petitioner, W.P.(C). No.283/2011 -:2:- Manager and the fifth respondent and any other person likely to be affected by the decision within a period of three months from the date of receipt of a copy of this Judgment. The petitioner will produce a copy of the writ petition along with a copy of the Judgment before the first respondent for compliance. No costs. (T.R. Ramachandran Nair, Judge.) ms