IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 8TH FEBRUARY 2011 / 19TH MAGHA 1932 WP(C).No. 3979 of 2011(V) ------------------------- PETITIONER(S): --------------- BASIL GEORGE, UPSA, ST.JOHN'S HIGHER SECONDARY SCHOOL, KAVALANGAD, NELLIMATTOM.P.O., KOTHAMANGALAM VIA. ERNAKULAM DISTRICT. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA SRI.K.I.SAGEER RESPONDENT(S): --------------- 1. GOVERNMENT OF KERALA REPRESENTED BY ITS SECRETRARY TO GOVERNMENT DEPT. OF GENERAL EDUCATION, GOVT. SECRETARIAT, THIRUVANANTHAPURAM-1. 2. ASSISTANT EDUCATIONAL OFFICER, KOTHAMANGALAM, KOTHAMANGALAM.P.O., ERNAKULAM DISTRICT-686691. 3. MANAGER, ST.JOHN'S CORPORATE EDUCATIONAL AGENCY, KAVALANGAD, NELLIMATTOM.P.O., KOTHAMANGALAM VIA., ERNAKULAM DIST-686693. 4. ANU CHACKO, LPSA, ST.JOHN'S L.P. SCHOOL, NELLIMATTOM, NELLIMATTOM.P.O., KOTHAMANGALAM VIA., ERNAKULAM DISTRICT-686693. 5. BINCY JOSEPH, UPSA, ST. JOHN'S HIGHER SECONDARY SCHOOL, KAVALANGAD, NELLIMATTOM.P.O., KOTHAMANGALAM VIA., ERNAKULAM DISTRICT-686693. GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.3979/2011-V ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 8th day of February, 2011 J U D G M E N T The petitioner was appointed as U.P.S.A at St.John's Higher Secondary School, Kavalangad by the Manager as per Ext.P1 order. The said appointment was approved. The fifth respondent was given an appointment as L.P.S.A in the St.John's L.P. School on 05/06/2006 and the said appointment was approved also by the second respondent. In the academic year 2008- 09, the students strength was not sufficient in the said school and the third respondent therefore, decided to transfer the fifth respondent from St.John's L.P. School to St.John's Higher Secondary School as U.P.S.A to the post of the petitioner. In the meanwhile, a leave without allowance vacancy also arose for a period from 01/01/2007 to 31/12/2011. The Manager transferred the fifth respondent from the L.P School to H.S. School to the post where the petitioner was working and the petitioner was appointed in the leave vacancy occurred consequent to the leave availed by Smt.Smitha P.Mathew. According to the petitioner, the petitioner became a W.P.(C). No.3979/2011 -:2:- claimant under Rule 51A of Chapter XIV A K.E.R. But when a vacancy arose consequent on the promotion of one Smt.Gigi V.David from the post of U.P.S.A to H.S.A, the petitioner was appointed in the regular vacancy of U.P.S.A with effect from 01/06/2009. The petitioner had taken certain objections in the matter and, ultimately, the matter reached the authority concerned. The claim of the petitioner was rejected as per Ext.P6. Challenging Ext.P6, the petitioner has filed Ext.P7 before the Government. The same is filed in April, 2010. It is prayed that a direction may be issued to the Government to take a decision on Ext.P7 revision petition within a time frame. 2. There will be a direction to the Government to take a decision on Ext.P7 revision petition after hearing the petitioner, Manager and the fourth respondent within a period of four months from the date of receipt of a copy of this Judgment. The writ petition is disposed of as above. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms \\TRUE COPY// P.A TO JUDGE