IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 24TH MAY 2010 / 3RD JYAISHTA 1932 WP(C).No. 7040 of 2010(D) ------------------------- PETITIONER(S): --------------- P.SYAMKUMAR, S/O.C.N.PARAMESWARAN PILLAI, SWARNAMALA HOUSE, ERAVIPEROOR P.O., THIRUVALLA (UPSA, NSS HIGH SCHOOL,KUNNAMTHANAM). BY ADV. SRI.S.SUBHASH CHAND SMT.M.P.MARY RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF PUBLIC INSTRUCTIONS, OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, THIRUVALLA. GOVT.PLEADER SRI.P.M.MANOJ THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C)NO.7040/2010 APPENDIX PETITIONER'S EXHIBITS: P1: True copy of the order dated 11.7.2007 passed by the Manager. P2: True copy of the order dated 26.10.2007 passed by the District Educational Officer, Attingal. P3: True copy of the order dated 18.9.2008 passed by respondent No.2. P4: True copy of the judgment dated 9.12.2008 passed by this Hon'ble Court in W.P.(C).No.30790/2008. P5: True copy of the appointment order dated 15.7.2008 appointing the petitioner as UPSA in NSS High School, Kunnamthanam with effect from 15.7.2008. P5(a):True copy of the covering letter dated 8.1.2009 by which Ext.P5 order was produce before respondent No.3. P6: True copy of the judgment dated 1.6.2009 passed by this Hon'ble Court in I.A.No.4894/2009 W.P.(C).No.30790/2008. P7: True copy of the order dated 21.5.2009 issued by respondent No.3. P8: True copy of the judgment dated 30.7.2009 passed by this Hon'ble Court in W.P.(C).No.21549/2009. P9: True copy of the communication dated 5.1.2010 issued by respondent No.2 to respondent No.3. P10: True copy of the order dated 3.2.2010 passed by respondent No.3 approving the appointment of the petitioner on daily wage basis. P11: True copy of the interim order in SLP (Civil) No.22260/2009 on the file of the Hon'ble Supreme Court of India. P12: True copy of the GO(P)No.31/2006/GE dated 19.1.2006. P12(a):True copy of the revision petition submitted before respondent No.2 under Rule 8A Chapter XIVA KER(excluding annexures). RESPONDENTS' EXHIBITS: NIL C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO.7040 OF 2010 -------------------------------------------- Dated this the 24th day of May, 2010 JUDGMENT The petitioner is presently working as U.P.School Assistant in N.S.S.High School, Kunnamthanam. It is challenging Ext.P10 order passed by the third respondent to the extent it approved the appointment of the petitioner in the regular vacancy of U.P.School Assistant with effect from 15.7.2008, only on daily wage basis that this Writ Petition has been filed. 2. According to the petitioner, the decision of the third respondent in Ext.P10 order is wholly unsustainable on various grounds. Firstly, it is contended that the decision goes counter to the decision of this Court in Unni Narayanan v. State of Kerala reported in 2009(2) KLT 604. That apart, according to the petitioner, Ext.P12 is the relevant G.O dated 19.1.2006 pertaining to the subject involved in this case. Yet another contention was raised by the petitioner that the second respondent has already clarified the position as per Ext.P9. In the circumstances, the W.P.(C) NO.7040/2010 2 petitioner has filed Ext.P12(a) revision petition against Ext.10 order passed by the third respondent. All the aforesaid contentions have been incorporated in Ext.P12(a). When the matter is taken up today, the learned counsel for the petitioner confined the prayer for a direction to the second respondent to consider and pass orders on Ext.P12(a) revision petition. 3. In the circumstances, this Writ Petition is disposed of with a direction to the second respondent to consider and pass orders on Ext.P12 (a) revision petition filed by the petitioner, in accordance with law, in the light of the decision of this Court in 2009(2) KLT 604 (supra). While considering the same, respondents shall also consider the contentions based on Ext.P12 and Ext.P9. Orders, as directed above, shall be passed expeditiously, at any rate, within a period of two months from the date of receipt of a copy of this judgment after affording an opportunity of being heard to the petitioner. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.7040/2010 3 C.T. RAVIKUMAR, J. W.P.(C). NO. /2010 JUDGMENT 11th May, 2010 W.P.(C) NO.7040/2010 4