IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 7TH APRIL 2009 / 17TH CHAITHRA 1931 WP(C).No. 11709 of 2009(G) -------------------------- PETITIONER(S): --------------- MANOJ K.PILLAI,S/O.KUNJUKRISHNA PILLAI, AGED 29 YEARS,CLERK,VELUTHAMPI MEMORIAL HIGH SCHOOL,KOTTARAKKARA,RESIDING AT KURIYATHUVILAVEEDU,THAMARAKKUDI P.O., KOTTARAKKARA. BY ADV. SRI.C.A.CHACKO SMT.C.M.CHARISMA SRI.N.A.SHAFEEK RESPONDENT(S): --------------- 1. STATE OF KERALA, REP.BY SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT,THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, OFFICE OF THE D.P.I.,THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION,KOLLAM. 4. THE DISTRICT EDUCATION OFFICER, KOTTARAKKARA. 5. THE MANAGER, VELUTHAMPI MEMORIAL HIGH SCHOOL, AMALAPURAM,ETC.P.O.,KOTTARAKKARA. BY SENIOR GOVERNMENT PLEADER SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------- W.P(C) No. 11709 of 2009 -G ------------------------------ Dated this the 7th day of April, 2009. J U D G M E N T Heard Smt.C.M.Charisma, the learned counsel appearing for the petitioner, Sri.A.J.Varghese, the learned Government Pleader appearing for respondents 1 to 4. In the nature of the order that I propose to pass it is not necessary to issue notice to or hear the fifth respondent. 2. The petitioner was appointed as Clerk in the fifth respondent's school on 1.2.2007 in the vacancy that arose on the retirement of the incumbent. The District Educational Officer, Kottarakkara declined to approve the said appointment. The Manager thereupon moved the Deputy Director of Education in appeal. By Ext.P1 order passed on 30.9.2008, the said appeal was rejected. The Manager thereafter moved the Director of Public Instruction in Ext.P2 revision petition. By Ext.P3 order passed on 19.2.2009, the Director of Public Instruction rejected the revision petition. The petitioner challenges Exts.P1 and P3 and prays for a writ in the nature of mandamus commanding respondents 2 to 4 to approve his appointment as Clerk with effect from 1.2.2007. W.P(C) No. 11709 of 2009 -G 2 3. Rule 92 of Chapter XIV A of the KER empowers the Government to revise any order passed by a subordinate authority. The petitioner has thus a meaningful and effective remedy. I am therefore of the opinion that the petitioner should pursue the said remedy before seeking the intervention of this Court. I accordingly dispose of this writ petition with the following directions. The petitioner shall within one month from today file a revision petition before the Secretary to Government, General Education Department under Rule 92 of Chapter XIV A of the KER along with a certified copy of the judgment. The Secretary to Government, General Education Department shall on the said revision petition being filed, pass orders thereon after notice to and affording the petitioner and the fifth respondent Manager an opportunity of being heard. It will also be open to the Government to hear Smt.Indu K.Pillai, Full Time Menial, referred to Exts.P1 and P2. Final orders in the matter shall be passed within three months from the date of receipt of the revision petition by the Secretary to Government, General Education Department. The Secretary to W.P(C) No. 11709 of 2009 -G 3 Government, General Education Department shall after orders are passed on the revision petition, communicate copies thereof to the petitioner, the fifth respondent Manager and other persons if any heard by the Government. Sd/- P.N.RAVINDRAN JUDGE //True Copy// PA to Judge ab