IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 5TH APRIL 2011 / 15TH CHAITHRA 1933 WP(C).No. 3633 of 2008(G) ------------------------- PETITIONER ---------------------- SHYNI JOSEPH, LOWER PRIMARY SCHOOL ASSISTANT, ALP SCHOOL, PAZHAMBALACODE, RESIDING AT NARAYELIL HOUSE, PATTAYAPADAM, KORAMCHIRA P.O., KIZHAKKAMCHERRY, PALAGHAT. BY ADV. SRI.P.SREEKUMAR RESPONDENT(S): ------------------------- 1. DIRECTOR OF PUBLIC INSTURCTIONS, THIRUVANANTHAPURAM. 2. THE DISTRICT EDUCATIONAL OFFICER, PALAGHAT. 3. THE ASSISTANT EDUCATIONAL OFFICER, ALATHOOR, PALAGHAT. 4. THE MANAGER, ALP SCHOOL, PAZHAMBALACODE. ADDITIONAL R5 IMPLEADED ------------------------------------------ ADDL. R5. STATE OFKERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM; IS IMPLEADED AS ADDITIONAL R5 AS PER ORDER DATED 4.10.10 IN I.A.NO.10928/10 R1 TO R3 BY SENIOR GOVERNMENT PLEADER SRI.T.T.MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 3633 of 2008(G) --------------------------------------- APPENDIX ---------------- PETITIONER'S EXHIBITS ------------------------------------ EXT.P1. COPY OF THE PROCEEDINGS DATED 12.10.2006 OF THE 3RD RESPONDENT. EXT.P2. COPY OF THE PROCEEDIGS DATED 8.5.2007 OF THE 2ND RESPONDENT EXT.P3. COPY OF THE REVISION PETITION DATED 13.6.2007 FILED BY THE 4TH RESPONDENT. EXT.P4. COPY OF THE PETITION DATED NIL SUBMITTED BEFORE THE 1ST RESPONDENT. EXT.P5. COPY OF THE POSTAL ACKNOWLEDGEMENT CARD SHOWING THE RECEIPT OF P4. EXT.P6. COPY OF THE JUDGMENT IN W.P. © NO.31691 OF 2007. EXT.P7. COPY OF THE ORDER DATED 17.12.2007 ISSUED BY THE 1ST RESPONDENT. EXT.P8. COPY OF THE LETTER SENT BY THE PETITIONER'S COUNSEL ADDRESSED TO THE 1ST RESPONDET. EXT.P9. COPY OF THE REVISION PETITION FILED BEFORE THE 5TH RESPONDENT BY THE PETITIONER EXT.P10. COPY OF THE JUDGMENT IN WPC NO.3427 OF 2006. RESPONDENT'S EXHIBITS : NIL ------------------------------------- / TRUE COPY / P.A. TO JUDGE VK T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.3633 OF 2008 --------------------------------------- Dated this the 5th day of April, 2011. J U D G M E N T The petitioner is a Lower Primary School Assistant working in the school managed by the 4th respondent. The challenge is against Exts.P1, P2 and P7 orders passed by the respective authorities. It is the case of the petitioner that the post of LPSA and UPSA are different. 2. Against the impugned orders, the petitioner has filed a revision petition, a copy of which has been produced as Ext.P9 along with I.A.No.10929/2010. Ext.P10 is a copy of the judgment of this Court in W.P.(C) Nos.3427 and 25115 of 2006. It is submitted that in the light of the dictum laid down in the said judgment and in the subsequent judgments of this Court, the impugned order cannot be sustained. There will be a direction to the Government to take a decision on Ext.P9 revision petition, after hearing the petitioner and any other affected parties, within a period of four months W.P.(C) No.3633/2008 2 from the date of receipt of a copy of this judgment. The petitioner will produce copies of the judgments which he is relying upon before the Government. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp