IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 30TH MARCH 2009 / 9TH CHAITHRA 1931 WP(C).No. 10210 of 2009(U) ---------------------------------------- PETITIONER(S): ------------------------ SINI JOY, W/O.P.K. ALEXANDER, PANUVELIL HOUSE, CHOORAKODU.P.O, ADOOR (LOWR PRIMARY SCHOOL ASSISTANT, ST. MARY'S MAHILA MANDIRAMAM UPPER PRIMARY SCHOOL, ADOOR) BY ADVS. MR.S.SUBHASH CHAND, SMT.M.P.MARY. RESPONDENT(S): ---------------------------- 1. DIRECTOR OF PUBLIC INSTRUCTION, OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 2. DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, PATHANAMTHITTA. 3. ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, ADOOR. 4. CORPORATE MANAGER, MMC CORPORATE MANAGEMENT SCHOOLS, PULAMON.P.O, KOTTARAKKARA, KOLLAM. 5. ANNIE G. VARGHESE, ANNIE BHAVAN, KUREEPPALLY, NEDUMPANA.P.O, (TEACHER, ST. MARY'S MAHILA MANDIRAMAM UPPER PRIMARY SCHOOL, ADOOR) BY SR. GOVERNMENT PLEADER MR.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/03/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.N.Ravindran, J. ================== W.P.(C) No.10210 of 2009 ===================== Dated this the 30th day of March, 2009. JUDGMENT Heard Sri. S.Subhash Chand, the learned counsel appearing for the petitioner and Sri. A.J.Varghese, the learned Government Pleader appearing for respondents 1 to 3. In the nature of the order that I propose to pass, it is not necessary to issue notice to and hear respondents 4 and 5. 2. The petitioner is presently working as Lower Primary School Assistant (LPSA for short) in St.Mary's Mahila Mandiramam Upper Primary School, Adoor managed by the fourth respondent. A regular vacancy of LPSA arose in the school on 1.6.2007. In that vacancy, instead of accommodating the petitioner, the Manager appointed the fifth respondent, a B.Ed. degree holder as UPSA. The Assistant Educational Officer declined to approve the said appointment on the ground that the vacancy of UPSA ought to have been filled up by accommodating a protected teacher. The appeal filed therefrom was dismissed and the Manager has filed Ext.P16 revision petition before the Director of Public Instruction. The petitioner has filed Ext.P18 representation before the WP(C) 10210/09 -: 2 :- Director of Public Instruction staking her claim for appointment as LPSA in the regular vacancy that arose on 1.6.2007 in the place of the fifth respondent. 3. In this Writ Petition, the petitioner inter alia prays for a direction to the Director of Public Instruction to pass orders on Ext.P16 revision petition and Ext.P18 representation within a time limit to be fixed by this Court. The pleadings disclose that the fifth respondent was appointed as UPSA against a regular vacancy of LPSA that arose on 1.6.2007 and that the Educational Officers have declined to approve the said appointment. The Manager has filed Ext.P16 revision petition under Rule 8A of Chapter XIV A of the Kerala Education Rules. The appointment was made on 1.6.2007 and was rejected on 1.11.2008. Since more than one year has passed after the fifth respondent was appointed, it is only desirable that the Director passes final orders in the matter expeditiously. I accordingly dispose of this Writ Petition with a direction to the Director of Public Instruction to pass orders on Ext.P16 revision petition filed by the Manager and Ext.P18 representation filed by the petitioner after notice to and affording the petitioner and respondents 4 and 5 a reasonable opportunity of being heard. Final orders in the matter shall be passed within four months from the date on which the petitioner produces a certified copy of this judgment. The petitioner shall in order to enable the Director of Public Instruction to act as directed above, WP(C) 10210/09 -: 3 :- produce before him a certified copy of this judgment along with a copy of this Writ Petition. This shall be done expeditiously and in any event, within two weeks from the date on which the petitioner receives a certified copy of this judgment. P.N.Ravindran, Judge. ess