IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 22ND JULY 2011 / 31ST ASHADHA 1933 WP(C).No. 30241 of 2010(E) -------------------------- PETITIONER(S): --------------------- FLEXY DUROM, W/O.WINSTON NORONHA, AGED 32 YEARS, LOWER PRIMARY SCHOOL ASSISTANT, DON BOSCO EUROPEAN PRIMARY SCHOOL, PADIYOOR, THRISSUR DISTRICT. BY ADVS. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): ----------------------- 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM-1. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, TRIVANDRUM-14. 3. THE DEPUTY DIRECTOR OF EDUCATION, KAKKANAD, ERNAKULAM-30. 4. THE DISTRICT EDUCATIONAL OFFICER, ERNAKULAM-11. 5. THE CORPORATE MANAGER, CENTRAL BOARD OF ANGLO INDIAN EDUCATION, PERUMANOOR, KOCHI-682015. BY GOVERNMENT PLEADER SMT. NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 30241 of 2010(E) ------------------------------------ APPENDIX --------------- PETITIONER'S EXHIBITS ----------------------------------- EXT.P1. COPY OF THE ORDER NO.B6/4818/07/D.DIS. OF THE DISTRICT EDUCATINAL OFFICER. EXT.P2. COPY OF THE ORDER NO.B2/3382/09/K.DIS. OF THE DEPUTY DIRECTOR OF EDN. EXT.P3. COPY OF THE ORDER NO.EC (3) 15486/10/DPI/K.DIS. OF THE 2ND RESPONDENT. EXT.P4. COPY OF THE G.O.(P). NO.73/2006/G.EDN. OF THE GOVERNMENT. EXT.P5. COPY OF THE CIRCULAR NO.27/J2/2006/G.EDN. F THE GOVERNMENT. EXT.P6. COPY OF THE APPOINTMENT ORDER AND APPROVAL THEREOF. EXT.P7. COPY OF THE DECISION REPORTED IN 1993 (2) K.L.T.S.N.P. (27) C. NO.28 EXT.P8. COPY OF THE ORDER NO.32703/L3/10/G.EDB. F THE GOVERNMENT. RESPNDENT'S EXHIBITS : NIL ------------------------------------ / TRUE COPY / P.A. TO JUDGE VK T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.30241/2010-E ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 22nd day of July, 2011 J U D G M E N T The challenge in this writ petition is against Ext.P8 communication issued by the Government to the petitioner. It is a one line order whereby the revision petition itself was rejected. The learned counsel for the petitioner submitted that the petitioner was not heard before the revision petition was disposed of. It is also submitted that the relevant Government Orders Exts.P4 and P5 were also not considered and it is not a reasoned order also. It is further pointed out that the promotee was approved as evident from Ext.P6 order. 2. The petitioner was appointed as Lower Primary Schoo1 Assistant from 01/06/2007 to 31/03/2008 in a promotion vacancy of Smt.Jasmine Noronha who was promoted as High Schoo1 Assistant (Mathematics) from 01/06/2007 to 31/06/2008. Evidently, Ext.P6 shows that the approval has been granted to the said promotee. The objection taken against the approval of appointment W.P.(C). No.30241/2010 -:2:- of the petitioner appears to be that the vacancy had to be filled up by a protected teacher. 3. Ext.P8 is hereby quashed since it is not a reasoned order and also due to the fact that the parties were not heard. 4. There will be a direction to the Government to reconsider the matter after hearing the petitioner and the manager of the schoo1 and in the light of the orders relied upon by the petitioner, viz. Exts.P4 and P5 as well as the order approving the appointment of the promotee, Ext.P6, and appropriate orders will be passed within three 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