IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R. RAMACHANDRAN NAIR FRIDAY, THE 17TH JUNE 2011 / 27TH JYAISHTA 1933 WP(C).No. 15397 of 2011(Y) -------------------------- PETITIONER: --------------- M.P.ANILKUMAR, UPPER PRIMARY SCHOOL ASSISTANT (NOW TERMINATED), LUTHERAN HIGH SCHOOL, SOUTH ARYAD, ALAPPUZHA. BY ADVS. SRI.D.KISHORE SMT.MINI GOPINATH RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRTARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695 001. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695 001. 3. THE DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATION OFFICER, ALAPPUZHA-688 006. 4. THE MANAGER, CORPORATE MANAGEMENT OF LUTHERAN SCHOOLS, INDIAN EVANGELICAL LUTHERAN CHURCH (IELC), THIRUVANANTHAPURAM SYNOD, C.I.H.S.A. COMPOUND, PEROORKADA, THIRUVANANTHAPURAM-695 005. 5. THE HEADMASTER, LUTHERAN HIGH SCHOOL SOUTH ARYAD, ALAPPUZHA-688 006. 6. AJANTHA.K., N.K.BHAVAN, KALAYIL, NARANI, KUNNATHUKAL P.O., THIRUVANANTHAPURAM DISTRICT (NOW WORKING AS UPPER PRIMARY SCHOOL ASSISTANT, LUTHERAN HIGH SCHOOL, SOUTH ARYAD, ALAPPUZHA) PIN-688 006. R1 TO R3 BY GOVT. PLEADAER SMT. NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 15397/2011 APPENDIX PETITIONR'S EXHIBITS: EXT.P1: COPY OF THE APPOINTMENT ORDER OF THE PETITIONR DATED 2.6.2008. EXT.P2: COPY OF THE ORDER NO.B3-3544/08/K.DIS DATED 11.2.2009 OF 3RD RESPONDENT. EXT.P3: COPY OF ORDER NO.ECI/53915/2009/DPI/K.DIS DATED 14.10.2009 OF 2ND RESPONDENT. EXT.P4: COPY OF MEMORANDUM OF REVISION PETITION FILED BY THE PETITIONER ON 15.12.2010. EXT.P5: COPY OF ORDER NO.393/09 DATED 16.06.2009 OF 4TH RESPONDENT. EXT.P6: COPY OF APPOINTMENT ORDER DATED 4.6.2007 OF 4TH RESPONDENT. EXT.P7: COPY OF ORDER DATED 22.12.2010 IN O.A. 1319/10 IN O.S.998/2010 OF HONOURABLE HIGH COURT. EXT.P8: COPY OF THE ORDER NO.82/2011-2012 DATED 30.05.2011 OF THE 4TH RESPONDENT. EXT.P9: COPY OF THE APPOINTMENT ORDER OF THE 6TH RESPONDENT DATED 1.6.2011. EXT.10: COPY OF PROCEEDING NO.12/2011-12 DATED 1.6.2011 OF 5TH RESPONDENT. EXT.P11: COPY OF THE ORDER DATED 10.03.2005 IN W.P.(C) 7848/05 OF THIS HONOURABLE COURT. EXT.P12: COPY OF THE ORDER DATED 2.6.2005 IN W.P.(C) 7848/05. EXT.P13: COPY OF TH ORDER NO.39/07 DATED 4.06.2007 OF THE 4TH RESPONDENT. EXT.P14: COPY OF THE G.O.(TT.) 477/09/G.EDN. DATED 30.01.2009 OF 1ST RESPONDENT. EXT.P15: COPY OF THE ORDER NO.W2/86368/2008/DPI, DATED 18/05/2011 OF THE 2ND RESPONDENT. EXT.P16: COPY OF THE APPEAL MEMORANDUM DATED 9.6.2011 SUBMITTED BY THE PETTIONER BEFORE THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE smvd T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 15397 of 2011-Y - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of June, 2011. JUDGMENT Aggrieved by Ext.P1 order of termination of the petitioner, this writ petition has been filed. Along with I.A. No.9354/2011, the petitioner has produced Ext.P16, a copy of appeal filed before the second respondent. Learned counsel for the petitioner prayed that in view of the urgency of the situation, a direction may be issued to the second respondent to hear and dispose of Ext.P16 within a time frame. 2. The service particulars of the petitioner show that his appointment as UPSA was on 2.6.2008 as evident from Ext.P1 order. It is stated that the appointment was to the transfer vacancy of Smt. Irine C.L. who has transferred to Lutheran Management Lower Primary School, Mylakkara. The appointment of the petitioner was not approved as the appointments of two senior Rule 51A claimants were rejected. Ext.P2 is the copy of the order rejecting approval. Even though an appeal was filed against the order refusing approval, that was also rejected by Ext.P3 and the revision petition filed by the petitioner before the Government is still pending. 2. It is also stated that out of the two senior claimants, one of them wpc 15397/2011 2 left the service and one Smt. O. Beena was appointed as UPSA in the said vacancy. The appointment of the other senior claimant was approved as per Ext.P6 order. It is pointed out that there was a change of personnel of the Manager and various disputes are pending including one before the High Court of Chennai. 3. The fourth respondent is the present Manager who issued Ext.P8 order terminating the petitioner and appointing the sixth respondent in that vacancy as per Ext.P9 order. Now the same is challenged before the Director of Public Instruction, as per Ext.P16. 4. There will be a direction to the second respondent to take a decision on Ext.P16, after hearing the petitioner and respondents 4 and 6, within two months from the date of receipt of a copy of this judgment. There will be a further direction to the third respondent to consider the objections of the petitioner, after affording an opportunity of hearing to the petitioner, before the approval of appointment of the sixth respondent is granted. The writ petition is disposed of as above. No costs. The petitioner will produce a copy of this judgment along with a copy of the writ petition before respondents 2 and 3 for compliance. (T.R. Ramachandran Nair, Judge.) wpc 15397/2011 3 kav/