IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 11TH AUGUST 2008 / 20TH SRAVANA 1930 WP(C).No. 22319 of 2008(F) -------------------------- PETITIONER: -------------------- RATHEESH.P.R, LPSA, IIVUPS, MALIPPURM, RESIDING AT PUTHENVEETIL, PALLURUTHY. BY ADV. SRI.P.SREEKUMAR SRI.K.S.MANU (PUNUKKONNOOR) SRI.P.S.SIDHAN RESPONDENTS: ---------------------- 1. THE ASSISTANT EDUCATIONAL OFFICER, VYPEEN, ERNAKULAM. 2. THE MANAGER, IIVUP SCHOOL, MALIPPURAM, ERNAKULAM. BY GOVERNMENT PLEADER ADV. SHRI A.J. VARGHESE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T. SANKARAN, J. ............................................................................ W.P.(C) No. 22319 OF 2008 ............................................................................ Dated this the 11th August , 2008 J U D G M E N T The petitioner is working as Lower Primary School Assistant in IIVUPS, Malippuram, Ernakulam. The petitioner was initially appointed on 02.12.2004 as per Ext.P1 appointment order. The appointment was for the period from 02.12.2004 to 31.03.2005. The appointment was approved by the first respondent as per the endorsement made on Ext. P1 which shows that the approval was confined to as one for daily wages with effect from 02.12.2004 to 31.03.2005. 2. The petitioner was later appointed as L.P.S.A. on a regular vacancy with effect from 01.09.2005 and that appointment was approved as is evidenced by Ext. P2. The grievance of the petitioner is that as per Ext.P1, approval was granted only taking the service as for daily wages while as per the relevant rule existing at that time, appointment for a period less than one year could be approved as such. It is submitted that sub rule (3) of Rule 7A of Chapter XIVA of K.E.R., before its amendment in 2005 provided that the vacancies , the duration of which is two months or less, shall not be filled up by any appointment. Sub rule (3) of Rule 7A was amended and another sub rule was substituted which provides that vacancies, the duration of which is less than one academic year shall not be filled up . The amendment came into force with effect from 16.04.2005. Before the amendment, the Government had issued G.O.(P)No. W.P.(C) No. 22319 OF 2008 2 169/04/G.Edn dated 15.06.2004 taking the view that vacancies having a duration of less than one academic year shall be filled up only on daily wage basis. This court held that G.O.(P) 169/04/G.Edn which runs counter to sub rule (3) of Rule 7A of Chapter XIV A K.E.R. would not have any binding effect. I had also taken the same view in Ext. P4 judgment dated 20.06.2008 in W.P.(C)No. 16821 of 2008. Learned counsel for the petitioner submits that the case of the petitioner in the present case is also to be dealt with as in Ext. P4 judgment. Learned Government Pleader points out that the District Educational Officer had passed an order as evidenced by the endorsement dated 14.06.2007 on Ext. P1 and that the remedy of the petitioner was to file a revision under Rule 8A of Chapter XIV A K.E.R. before the Director of Public Instruction. Instead of filing a revision, the petitioner has straight away approached this court under Article 226 of the Constitution of India, learned Government Pleader submits. 3. Learned counsel for the petitioner submitted that the petitioner has in fact filed a revision dated 07.08.2008 after filing of the Writ Petition. Learned Government Pleader submits that the Director of Public Instruction is a not a party to the Writ Petition. However, learned Government Pleader further submits that the Director of Public Instruction would dispose of the Revision filed by the petitioner challenging Exhibit P1 order as expeditiously as possible and at any rate within a period of three months. This submission is recorded and leaving open the right of the petitioner to pursue the remedies in the Revision, the Writ Petition is disposed of. W.P.(C) No. 22319 OF 2008 3 It is made clear that the petitioner would be entitled to put forward the contentions which are raised in this Writ Petition before the Director of Public Instruction in the Revision filed by him. The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the Director of Public Instruction without delay. K.T. SANKARAN, JUDGE. lk