IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 26TH NOVEMBER 2008 / 5TH AGRAHAYANA 1930 WP(C).No. 33569 of 2007(U) -------------------------------------- PETITIONER(S): ----------------------- BINU ABRAHAM, H.S.A.(PHYSICAL SCIENCE) T.T.T.M.V.H.S.SCHOOL, VADASERIKARA P.O. PATHANAMTHITTA DIST. BY ADV. SRI.KALEESWARAM RAJ SRI.K.P.PRATHAPAN SRI.GIRISH BABU RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. DEPUTY DIRECTOR OF EDUCATION, PATHANAMTHITTA. 4. DISTRICT EDUCATIONAL OFFICER, PATHANAMTHITTA. 5. THE MANAGER, T.T.T.M.V.H.S.SCHOOL, VADASERIKARA P.O.-689 662 (PIN) PATHANAMTHITTA DIST. 6. VINEETHA.R.,THAZHETHIL PREMADAM MALLASSERRI P.O.- 689 646 (PIN), PATHANAMTHITTA DIST. 7. N.S.ANITHA, H.S.A.(MATHS), T.T.T.M.V.H.S.S, VADASSERIKKARA- 689 662 (PIN), PATHANAMTHITTA. W.P.(C). NO. 33569/2007-U 8. BINDU ABRAHAM, H.S.A (MATHS) T.T.T.M.V.H.S.S, VADASSERIKKARA, PATHANAMTHITTA- 689 662 (PIN) GOVERNMENT PLEADER SRI.T.T.MOHAMMED FOR R1 TO R4 ADV. SRI.R.RAJASEKHARAN PILLAI FOR R8 SMT.SABINA JAYAN FOR R8 SRI.R.S.KRISHNAKUMAR FOR R8 SRI.V.A.MUHAMMED FOR R6 SRI.K.E.HAMZA FOR R6 SRI.A.N.RAJAN BABU FOR R7 SMT.K.SUNITHA VINOD FOR R7 SRI.P.GOPALAKRISHNAN (MVA) FOR R7 SRI.V.N.SASIDHARAN FOR R7 SRI.V.K.SUNIL FOR R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 33569/2007-U APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE APPOINTMENT ORDER DATED 22/06/1998 WITH RESPECT TO THE PETITIONER. EXT.P2: COPY OF THE APPOINTMENT ORDER DATED 06/10/1998. EXT.P3: COPY OF THE APPOINTMENT ORDER DATED 01/06/1999. EXT.P4: COPY OF THE ORDER DATED 15/05/2001 ISSUED BY THE 4TH RESPONDENT. EXT.P5: COPY OF THE APPOINTMENT ORDER DATED 05/06/2000 WITH RESPECT TO THE PETITIONER. EXT.P6: COPY OF THE APPOINTMENT ORDER DATED 15/09/1999. EXT.P7: COPY OF THE APPOINTMENT ORDER DATED 12/06/2002. EXT.P8: COPY OF THE APPOINTMENT ORDER DATED 27/08/2002. EXT.P9: COPY OF THE APPOINTMENT ORDER DATED 05/06/2006. EXT.P10: COPY OF THE ORDER DATED 25/08/2006. EXT.P11: COPY OF THE ORDER DATED 06/11/2006. EXT.P12: COPY OF THE ORDER DATED 05/03/2007 ISSUED BY THE DPI. EXT.P13: COPY OF THE REVISION PETITION DATED 20/06/2007 FILED BY THE PETITIONER. EXT.P14: COPY OF THE REPRESENTATION DATED 16/08/2007 CONSISTING OF THE ARGUMENT NOTES FILED BY THE PETITIONER BEFORE THE GOVERNMENT. EXT.P15: COPY OF THE G.O.(RT)NO.5046/07 G.EDN. DATED 03/11/2007. EXT.P16: COPY OF THE JUDGMENT DATED 18/10/2006 IN W.A.NO.1859/2006. EXT.P17: COPY OF THE APPOINTMENT ORDER DATED 12/11/2007. EXT.P18: COPY OF THE STAFF FIXATION ORDER. EXT.P19: COPY OF THE REPRESENTATION DATED 27/10/2008 FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT. RESPONDENT'S EXHIBITS: EXT.R6(a): COPY OF THE LETTER OF THE MANAGER. W.P.(C). NO. 33569/2007-U EXT.R6(b): COPY OF THE G.O.(P)NO.187/2005/G.EDN. OF THE GOVERNMENT. EXT.R6(c): COPY OF THE DECISION REPORTED IN 2006(3)I.L.R. 247. EXT.R6(d): COPY OF THE LETTER NO.22243/J2/06/G.EDN. OF THE GOVERNMENT. EXT.R6(e): COPY OF THE STAFF FIXATION ORDER NO.D.DIS. B3-6113/2007 OF THE DISTRICT EDUCATIONAL OFFICER. EXT.R6(f): COPY OF THE LETTER OF THE MANAGER. EXT.R7(a): COPY OF THE APPOINTMENT ORDER OF 7TH RESPONDENT DATED 04/09/2001. EXT.R7(b): COPY OF THE APPROVAL OF APPOINTEMENT OF THE 7TH RESPONDENT AS PER ORDER K.DIS B3/11442/2001 DATED 31/05/2002 OF THE 4TH RESPONDENT ENDORSED ON THE APPOINTMENT ORDER EXT.P7(a). EXT.R7(c): COPY OF THE STAFF FIXATION ORDER DATED 15/11/2001 OF THE 4TH RESPONDENT AS PER ORDER NO.D.DIS.B3/7707/2001. EXT.R7(d): COPY OF THE JUDGMENT DATED 04/08/2003 IN W.P.(C). NO. 24724 OF 2003 OF THIS HONOURABLE COURT. EXT.R7(e): COPY OF THE ORDER NO.ET3/78106/2003/DPI/D.DIS. DATED 01/12/2003 OF THE 2ND RESPONDENT. //TRUE COPY// P.A. TO JUDGE Rs/ ANTONY DOMINIC, J. ============== W.P.(C) NO. 33569 OF 2007 (U) ==================== Dated this the 26th day of November, 2008 J U D G M E N T In this writ petition, petitioner challenges his reversion from the post of HSA (Physical Science) to the post of UPSA, final order of which is Ext.P15. Petitioner contends that during the pendency of this writ petition, a fresh vacancy arose consequent on the retirement of an incumbent in this academic year and that his claim is liable to be considered as against that vacancy. According to him, he has moved the DEO by filing Ext.P19 in this behalf. 2. Counsel for the 6th respondent points out that against the staff fixation order, 7th respondent has filed appeal and that the appeal is pending before the DPI. It is also pointed out that this Court has already, by judgment in WP(C) No.32077/08 dated 31/10/2008, directed consideration and disposal of the said appeal. 3. Therefore, if as stated by the counsel for the 6th respondent, appeal filed by the 7th respondent is pending consideration of the DPI, it is only appropriate that the DPI considers the claim of the petitioner also. 4. Therefore, I direct that it will be open to the petitioner to WPC 33569/08 :2 : place his grievances before the DPI, who shall thereupon consider this claim also when the appeal filed by the 7th respondent is taken up for consideration in pursuance to the judgment in WP(C) NO.32077/08. It is directed that the DPI shall while deciding the matter, issue notice to the petitioner also. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp