IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 14TH JANUARY 2010 / 24TH POUSHA 1931 WP(C).No. 310 of 2010(K) ------------------------ PETITIONER(S): --------------- AJU.P.B., S/O.BALARAJ, AGED 31, KARUNNIA VILASOM, KATCHERI WARD, NEYYATTINKARA P.O., (ASST.TEACHER OF CSI & HSA AT VALAKOM.) BY ADV. SRI.R.T.PRADEEP RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF PUBLIC INSTRUCTION THIRUVANANTHAPURAM. 3. DEPUTY DIRECTOR OF EDUCATION, KOLLAM. 4. THE DISTRICT EDUCATIONAL OFFICER, KOTTARAKARA. 5. THE MANAGER, L.M.S.SPECIAL SCHOOLS, SOUTH KERALA DIOCESE, CHURCH OF SOUTH INDIA, L.M.S.COMPOUND, THIRUVANANTHAPURAM-33. GOVT. PLEADER SRI.T.T.MAHAMOOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 310 of 2010 ================== Dated this the 14th day of January, 2010 J U D G M E N T The petitioner was appointed as an Assistant Teacher in a vacancy, which arose on account of promotion of the incumbent in that post. Another teacher raised a rival claim for the post to which the incumbent was promoted. As a result, the promotion of the incumbent was not approved. Consequently, the petitioner's appointment also was not approved. Against the non-approval, the manager of the educational agency filed Ext.P12 revision petition before the 2nd respondent. According to the petitioner, if a vacancy arises on account of promotion and such promotion is not approved on account of the conflicting claims by two teachers to the promoted post, the person appointed to the post from which the promotion is made, is entitled to approval as laid down by Ext.P5 circular. The petitioner, therefore, submits that the 2nd respondent may be directed to consider and pass orders on Ext.P12 expeditiously in the light of Ext.P5 circular. 2. I have heard the learned Government Pleader also. 3. In the facts and circumstances, I dispose of this writ petition with a direction to the 2nd respondent to consider and pass orders on Ext.P12 revision petition filed by the 5th respondent-manager of the school, as expeditiously as possible, at any rate, within two months from the date of receipt of a certified copy of this judgment, 2 after affording an opportunity of being heard to the petitioner as well as the 5th respondent-manager. It would be open to the petitioner to rely on Ext.P5 or any other order or circular, which, according to the petitioner, is in his favour, which shall also be considered by the 2nd respondent, while disposing of Ext.P12 revision petition. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge