IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 16TH MARCH 2009 / 25TH PHALGUNA 1930 WP(C).No. 8226 of 2009(W) ------------------------- PETITIONER ------------- STOY T.MUTTATH, S/O.M.P.THARU, AGED 42 YEARS, UPPER PRIMARY SCHOOL TEACHER, GOVERNMENT HIGHER SECONDARY SCHOOL, PAZHAVYANNUR, P.O.PAZHAYANNUR-680 587, THRISSUR DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION JAGATHY, TRIVANDRUM-14. 3. THE DEPUTY DIRECTOR OF EDUCATION, AYYANTHOLE, THRISSUR DISTRICT. 4. THE ASSISTANT EDUCATIONAL OFFICER, CHAVAKKAD, POST GURUVAYUR, THRISSUR DISTRICT. 5. THE ASSISTANT EDUCATIONAL OFFICER, WADAKKANCHERRY. BY SENIOR GOVERNMENT PLEADER SRI.A.J.VARGHESE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ------------------------------- W.P(C) No.8226 of 2009-W -------------------------------- Dated this the 16th day of March, 2009. J U D G M E N T Heard Sri.V.A.Muhammed, the learned Counsel appearing for the petitioner and Sri.A.J.Varghese, the learned Government Pleader appearing for the respondents. 2. The petitioner was the Headmaster of an aided Lower Primary School. When the school was closed down he was absorbed in Government service, but only as L.P.S.A. The petitioner’s grievance is that he should have been posted as Headmaster in a Government Lower Primary School. Seeking the said relief he moved the Government. The order passed by the Government was against him. He thereafter moved this Court. Ultimately by Ext.P11 judgment delivered on 18.10.2006 in W.P(C) No.9478 of 2003 this Court quashed the order passed by the Government and directed the Government to hear the petitioner and pass orders on the appeal filed by him. This Court also directed that orders shall be passed within three months from the date on which the petitioner produces a copy of the judgment. 3. As directed by this Court in Ext.P11 judgment, the W.P(C) No.8226 of 2009-W 2 Government considered the matter and rejected the petitioner's request. The petitioner challenged that order by filing W.P(C) No.26698 of 2007 in this Court. By Ext.P12 judgment delivered on 4.11.2008, this Court quashed the Government order and directed the Government to reconsider the matter. As directed by this Court in Ext.P12 judgment, the Secretary to Government, General Education Department heard the petitioner on 30.12.2008. After the hearing was conducted, the petitioner submitted Ext.P13 representation dated 27.1.2009 pointing out that vacancies of Headmasters will arise on 1.2.2009 in GBLPS Wadakkanchery and GLP School, Varavoor. In Ext.P13 the petitioner also prayed that he may be posted as Headmaster against one of the two vacancies. In this writ petition the petitioner inter alia seeks a direction to the Secretary to Government, General Education Department, to consider the request made by him in Ext.P13 before passing orders pursuant to the direction issued by this Court in Ext.P12 judgment. 4. When the writ petition came up for admission today, the learned Government Pleader on instructions submitted that though the petitioner was heard on 30.12.2008 pursuant to Ext.P12 judgment, orders have not been passed till date. The learned W.P(C) No.8226 of 2009-W 3 Government Pleader also submitted that the Government requires three weeks further time to pass orders in the matter. In the light of the admitted fact that the orders have not been passed till date pursuant to the hearing held on 30.12.2008, I dispose of this writ petition with a direction that the request made by the petitioner in Ext.P13 representation shall also be considered while the Government passes orders as directed by this Court in Ext.P12 judgment. The writ petition is disposed of as above. Sd/- P.N.RAVINDRAN ab JUDGE //True Copy// PA to Judge