IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 4TH SEPTEMBER 2008 / 13TH BHADRA 1930 WP(C).No. 26760 of 2008(I) PETITIONER: SREEJA.K.V, W/O.C.K.PAVITHRAN, "GOVINDA" MATTANNUR.P.O, KANNUR DISTRICT. BY ADV. SRI.CIBI THOMAS RESPONDENTS: 1. THE MANAGER, MATTANNUR HIGHER SECONDARY SCHOOL, MATTANNUR. 2. THE DISTRICT EDUCATIONAL OFFICER, THALASSERY. 3. STATE OF KERALA REP.BY PRINCIPAL SECRETARY, DEPARTMENT OF EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/09/2008, ALONG WITH W.P.(C) NO.26763 OF 2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------------------- W.P.(C) NO. 26760 OF 2008 I and W.P.(C) NO. 26763 OF 2008 J -------------------------------------------- Dated this the 4th September, 2008 JUDGMENT Since common questions are involved, these Writ Petitions are being disposed of as per this common judgment. 2. In the manner in which I propose to dispose of these Writ Petitions, I do not think, it is necessary to issue notice to the first respondent. Learned Government Pleader takes notice for respondents 2 and 3. 3. The respective petitioner in these Writ Petitions had worked in the Higher Secondary School, Mattannur, under the management of the first respondent. The petitioner in W.P.(C) NO.26760 of 2008 had worked as UPSA for the period from 26.9.2000 to 30.11.2000. Petitioner in W.P. (C) No.26763 of 2008 had worked as UPSA in the said School from 23.9.2000 to 22.11.2000. Petitioners state that their appointments were approved by the educational officer. 4 The grievance voiced by the petitioners is that when vacancies W.P.(C) NOS.26760 & 26763 OF 2008 :: 2 :: arose in the School, though they made a request to the Manager to appoint them recognizing their right under Section 51A of Chapter XIVA of the Kerala Education Rules, the Manager has not acceded to that request. Having no response from the Manager, petitioners have submitted Ext.P3 representations dated 10.8.2008, to the District Educational Officer, Thalassery. As per Ext.P3, the Educational Officer was requested to issue direction to the Manager to appoint the petitioners in the existing vacancies. The representations submitted by the petitioners, marked as Ext.P3 in the respective Writ Petitions, are pending disposal. 5. The reliefs prayed for in the Writ Petitions are the following: “a) Issue a writ of mandamus or any other appropriate writ order or direction, directing the 2nd Respondent to pass orders on Ext.P3 representation expeditiously. b) Writ of mandamus or any appropriate writ order or direction, directing the 1st Respondent to give appointment to the Petitioner in the existing vacancy in the school under his management. c) To declare that the Petitioner being a 51 A claimant is entitled to be appointed in the school. d) To grant such other reliefs prayed for from time to time including cost of these proceedings.” 5. Learned counsel for the petitioners submits that, for the present, the petitioners would be satisfied if a direction is issued to the District W.P.(C) NOS.26760 & 26763 OF 2008 :: 3 :: Educational Officer, Thalassery to consider Ext.P3 representations and take appropriate action in the matter. Learned Government Pleader submitted that the representations would be attended to and appropriate decisions would be taken by the District Educational Officer within a period of two months. In the facts and circumstances of the case, the Writ Petitions are disposed of as follows: a) The District Educational Officer shall consider Ext.P3 representations dated 10.8.2008 submitted by the petitioners in the above Writ Petitions, as expeditiously as possible and, at any rate, within a period of two months, after affording an opportunity of being heard to the petitioners, the Manager and any other person who is likely to be affected.. b) The petitioners shall produce copy of the respective Writ Petitions and certified copy of the judgment before the District Educational Officer. c) Petitioners shall send a copy of the judgment to the first respondent Manager by registered post and shall produce proof of the same before the District Educational Officer. (K.T.SANKARAN) Judge ahz/