IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 29TH NOVEMBER 2011 / 8TH AGRAHAYANA 1933 WP(C).No. 26036 of 2011(D) -------------------------- PETITIONER: --------------- P.K. AKHILESH, LPSA, PERUMANNA A.L.P. SCHOOL, PERUMANNA PO, KOZHIKODE DIST., RESIDING AT: ELAMANASSERY HOUSE, PANTHEERANKAV P.O., KOZHIKODE DIST. BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SRI.BRIJESH MOHAN RESPONDENT(S): ------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001. 2. DISTRICT EDUCATIONAL OFFICER, KOZHIKODE, PIN-673 001. 3. ASSISTANT EDUCATIONAL OFFICER (RURAL), KOZHIKODE, PIN-673 001. 4. THE MANAGER, PERUMANNA A.L.P. SCHOOL, PERUMANNA P.O., KOZHIKODE, PIN-673 026. BY SR.GOVT.PLEADER SHRI M.A.FAYAZ FOR R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC.26036/11 PETITIONER'S EXTS: EXT.P1: TRUE COPY OF THE APPOINTMENT ORDER DATED 4.10.07 ALONG WITH THE ORDER OF APPROVAL ISSUED BY THE 4TH RESPONDENT. EXT.P2: TRUE COPY OF THE ORDER NO.KDIS/13235/08 B2 DATED 5.11.09 ISSUED BY THE 2ND RESPONDENT. EXT.P3: TRUE COPY OF THE REVISION PETITION DATED 8.8.11 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. RESPONDENTS' EXHIBITS : NIL TRUE COPY P.A.TO JUDGE dsn T.R.RAMACHANDRAN NAIR, J. -------------------------------------------------- W.P.(C)No.26036 of 2011 -------------------------------------------------- DATED THIS THE 29th DAY OF NOVEMBER, 2011 JUDGMENT The petitioner seeks for a direction to the first respondent to take a decision on Exhibit P3 revision petition filed under Rule 92 of Chapter XIV-A of Kerala Education Rules. 2. The petitioner was appointed as Lower Primary School Assistant in the 4th respondent-school with effect from 4.10.2007 in the vacancy which arose due to voluntary retirement, availed by one Smt.V.K.Leela. The approval of the appointment was granted on daily wages from 4.1.2007 to 31.3.2008 and on regular basis from 2.6.2008, as evident from Exhibit P1 order. 3. The petitioner submits that the period from 4.1.2007 to 31.3.2008 has to be approved and he relies upon the judgment of this Court in Unninarayanan v. State of Kerala (2009(2) KLT 604). Exhibit P2 is the copy of the order passed in appeal, wherein also Exhibit P1 has been confirmed. 4. There will be a direction to the first respondent to take a decision on Exhibit P3 revision petition after hearing the W.P.(C)No.26036/11 -2- petitioner and the Manager, within a period of six months from the date of receipt of a copy of this judgment. The petitioner will forward a copy of the Writ Petition along with a copy of this judgment to the 1st respondent-Government for compliance. The Writ Petition is disposed of as above. Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn