IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 10TH AUGUST 2011 / 19TH SRAVANA 1933 WP(C).No. 21790 of 2011(W) ---------------------------------- PETITIONER(S): ------------------- VANCHU.M.H., MAVUMKAL HOUSE, PUNNAPRA.P.O., ALAPPUZHA-4. BY ADVS. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA SRI.K.A.BALAN SRI.PETER JOSE CHRISTO SRI.S.A.ANAND RESPONDENT(S): --------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001. 2. DEPUTY DIRECTOR OF EDUCATION, ALAPPUZHA, PIN-688 001. 3. DISTRICT EDUCATIONAL OFFICER, ALAPPUZHA, PIN-688 001. 4. THE MANAGER, ARAVUKAD HIGHER SECONDARY SCHOOL, PUNNAPRA, ALAPPUZHA, PIN-688 004. 5. KALESH K.SURENDRAN, FULL TIME MENIAL,ARAVUKAD HIGHER SECONDARY SCHOOL, PUNNAPRA, ALAPPUZHA, PIN-688 004, RESIDING AT KANIYAN CHIRAYIL, PUNNAPRA.P.O., ALAPPUZHA, PIN-688 004. R1 TO R3 BY GOVT. PLEADER SRI. V. VIJULAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 21790/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE G.O.(Rt)NO.5162/008/G.EDN. DATED 20/11/2008. P2: COPY OF THE COMMON JUDGMENT DATED 01/10/2009 IN WPC.NOS.36400/2008 AND 37381/2008 OF THIS HON'BLE COURT. P3: COPY OF THE JUDGMENT DATED 14/12/2009 IN W.A. NOS.2540 AND 2534/2009 OF THIS HON'BLE COURT. P4: COPY OF THE APPOINTMENT ORDER DATED 14/06/2007 OF THE 5TH RESPONDENT AS FULL TIME MENIAL IN ARAVUKAD HIGHER SECONDARY SCHOOL. P5: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER AND THE SECRETARY OF THE KUDUMBAYOGAM BEFORE THE 3RD RESPONDENT DATED 06/12/2008. P6: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER AND THE SECRETARY OF THE KUDUMBAYOGAM BEFORE THE 4TH RESPONDENT DATED 06/12/2008. P7: COPY OF THE LETTER DATED 15/01/2009 OF THE 2ND RESPONDENT. P8: COPY OF THE GOVERNMENT LETTER NO.169/N2.09/G.EDN. DATED 15/01/2009. P9: COPY OF THE FILE NO.B2-688/09 IN THE OFFICE OF THE 3RD RESPONDENT. P10: COPY OF THE REVISION PETITION DATED 04/10/2010 SUBMITTED BY THE PETITIONER BEFORE GOVERNMENT. P11: COPY OF THE REPRESENTATION DATED 04/10/2010 SUBMITTED BY THE PETITIONER BEFORE THE 4TGH RESPONDNET. P12: COPY OF THE JUDGMENT DATED 01/04/2008 IN WPC. NO.17287/07 OF THIS HON'BLE COURT. P13: COPY OF THE AFFIDAVIT DATED 11/01/2006 FILED BY THE KOMARTHUSSERY FAMILY BEFORE THE ARAVUKAD KESHETHRAYOGAM COMMITTEE. P14: COPY OF THE REPRESENTATION SUBMITTED BY THE SECRETARY, KOMARTHUSSERY KUDUMBAYOGAM AND MANAGER, ARAVUKAD HIGHER SECONDARY SCHOOL, PUNNAPRA DATED 16/01/2006. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.21790/2011-W ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 10th day of August, 2011 J U D G M E N T The petitioner seeks for a direction to the Government to take a decision on Ext.P10 revision petition within a time frame. 2. Herein, the allegation is that the appointment of the fifth respondent as a Full Time Menial is approved disregarding the claim of the petitioner, in Aravukad Higher Secondary School, Punnapra in Alappuzha District. The petitioner is a member of the Aravukattu Komarthusseri Kudumbayogam, which donated land for the purpose of the school. According to the petitioner, the provisions of the agreement between Komarthusseri Kudumbayogam and Aravukad Kshethrayogam provide for preference to a member of the family who is qualified for appointment. It is pointed out that the same is clear from the Judgment of this Court in Ext.P2 which stands confirmed in Ext.P3 Judgment in Writ Appeal. The petitioner is also relying upon Ext.P12 Judgment. 3. It is pointed out that overlooking the claim of a person like the petitioner, the fifth respondent W.P.(C). No.21790/2011 -:2:- was appointed. After the appointment was made, the petitioner had represented the matter before the authorities concerned, but later the appointment has been approved. 4. It is in these circumstances, the petitioner has filed a revision petition before the Government as per Ext.P10. In para.13 of the writ petition it is stated that the fifth respondent has subsequently proceeded on leave without allowance and at present there is a vacancy in the school in the post of Full Time Menial and the petitioner submitted a request as per Ext.P11 and so far no orders have been passed. 5. There will be a direction to the Government to take a decision on Ext.P10 revision petition after hearing the petitioner and respondent Nos.4 and 5 within a period of five months from the date of receipt of a copy of this Judgment. The writ petition is disposed of as above. No costs. The petitioner will forward a copy of the writ petition along with a certified copy of the Judgment to the second respondent for compliance. Sd/- (T.R. Ramachandran Nair, Judge.) ms