IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 13TH OCTOBER 2009 / 21ST ASWINA 1931 WP(C).No. 28862 of 2009(C) ---------------------------------- PETITIONER(S): ------------------------ BAIJU.G,S/O.GABRIEL.J,EDAYILE VEETTIL, CHOOLATHERUVU.P.O,MUTHUKULAM NORTH,ALAPPUZHA. (LOWER PRIMARY SCHOOL ASSISTANT,HOLY INFANT JESUS U.P.SCHOOL,ULUNTHY). BY ADVS . MR .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. THE DIRECTOR OF PUBLIC INSTRUCTION, OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. THE DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, MAVELIKKARA. 4. THE ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, CHENGANNUR. 5. THE CORPORATE MANAGER OF CATHOLIC SCHOOLS,BISHOP'S HOUSE, KOLLAM. BY SR. GOVT. PLEADER MR.MUHAMOOD T.T THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.28862/2009-C ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 13th day of October, 2009 J U D G M E N T The petitioner is working as a Lower Primary School Assistant in Holy Infant Jesus U.P. School, Ulunthy. The petitioner was appointed in a vacancy which arose on 14/09/2007 consequent on the relief of Smt.Metilda Fernandez, L.P.S.A who got employment in a Government school. It is the case of the petitioner that even though it was a regular vacancy, the Manager appointed him on a daily wage basis from 14/09/2007 to 31/03/2008 as per Ext.P1. The fourth respondent refused to approve the appointment on the ground that the said school was an uneconomic school. A copy of the said order is produced as Ext.P2. Even though an appeal was preferred before the third respondent, the same was also rejected. A revision was filed before the second respondent and that was also rejected. These orders are produced as Exts.P5 and P6. Against Ext.P6 order passed by the Director of Public Instruction, the petitioner has filed Ext.P14 revision petition before the Government. It is prayed that the said revision may be directed to be disposed of within a time frame. W.P.(C). No.28862/2009 -:2:- 2. The petitioner has also been appointed in the very same vacancy with effect from 02/06/2008 on a regular basis as per Ext.P9. Approval for the same was also declined by Ext.P10 and presently, the matter is pending before the District Educational Officer in an appeal filed by the Manager by Ext.P12. Whatever that be, presently, this Court is only concerned with the revision petition, Ext.P14, pending before the Government. Therefore, there will be a direction to the first respondent Government to take a decision on Ext.P14 after hearing the petitioner and the Manager within three months from the date of receipt of the copy of this judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms