IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 19TH JANUARY 2011 / 29TH POUSHA 1932 WP(C).No. 35709 of 2010(K) -------------------------- PETITIONER(S): --------------- THE MANAGER, DR.C.T.EAPEN MEMORIAL ST.THOMAS VHSS PANNIVIZHA ADOOR P.O., PATHANAMTHITTA DISTRICT, PIN 691 523. BY ADV. SRI.JOHN JOSEPH VETTIKAD SRI.C.JOSEPH JOHNY RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, PATHANAMTHITTA. 3. THE DISTRICT EDUCATIONAL OFFICER, PATHANAMTHITTA. 4. SRI.JIJO JOHN, FULL TIME MENIAL, DR.C.T.EAPEN MEMORIAL ST.THOMAS, VHSS PANNIVIZHA, ADOOR IN PATHANAMTHITTA. GOVERNMENT PLEADER FOR R1-3 SMT. NISHA BOSE SRI.S.D.ASOKAN FOR R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 35709 of 2010-K - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of January, 2011. JUDGMENT The petitioner is the Manager of a school. A Full time Menial, viz. the fourth respondent was appointed in the school on 5.6.2006 initially in a leave vacancy. The same was approved by the third respondent and on retirement of one Shri T.M. Varghese, a Full Time Menial, the fourth respondent was reappointed as per Ext.P2 order dated 5.4.2010. The approval of the same has been rejected which led to the petitioner filing an appeal and the appeal also has been dismissed by the Deputy Director of Education as per Ext.P4 order. Aggrieved by the same, the petitioner has filed a revision petition before the Government as per Ext.P5. 2. Learned counsel for the petitioner submitted that no protected Full Time Menial is available in Pathanamthitta District and therefore appointment had to be approved. Reliance is also placed on Ext.P8 judgment wherein, on similar grounds this Court directed approval in the absence of protected hand in the particular Education district. It is up to the Government to take a decision on Ext.P5 revision petition. 3. Therefore, there will be a direction to the first respondent to take a wpc 35709/2010 2 decision on Ext.P5 revision petition after hearing the petitioner, within a period of three months from the date of receipt of a copy of this judgment. The petitioner will produce a copy of this judgment along with a copy of the writ petition before the first respondent for compliance. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/