IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 22ND SEPTEMBER 2010 / 31ST BHADRA 1932 WP(C).No. 25290 of 2010(I) -------------------------- PETITIONER(S): --------------- DICKSON,CORPORATE MANAGER, L.M.S.SCHOOLS, SOUTH KERALA DIOCESE, CHURCH OF SOUTH INDIA. BY ADV. SRI.R.T.PRADEEP SRI.V.VIJULAL RESPONDENT(S): --------------- THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. BY G.P.SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------ W.P.(C).No.25290 OF 2010 ------------------------------ Dated this the 22nd day of September, 2010 JUDGMENT The petitioner is the Corporate Manager of L.M.S. Schools. 2. The case put forward for the petitioner in the Writ Petition, in a nut shell, is the following: As per the guidelines issued by the Government 75% of the posts of Lab Assistants shall be filled up by direct recruitment and 25% of the posts shall be filled up by appointment by transfer from among the Peons. Two Peons, namely, Selvamony, and Sarasamma were appointed in the two schools of the Corporate Educational Agency. It is stated that the Government sanctioned posts of Lab Assistants only with effect from 28.3.2003 and the appointment of the Lab Assistants were approved from the date of sanctioning of posts. The management filled up W.P.(C).No.25290 OF 2010 2 the resultant vacancies of Peons by promoting the Full Time Manials. The resultant vacancies of Full Time Manials were filled up by appointment of the fresh hands. The District Educational Officer rejected the approval of the appointments of Peons and F.T.Manials on the ground that the appointment of Lab Assistants was not approved with effect from the date of their initial appointment. But it was approved only from the date of sanctioning of the posts, namely, 28.3.2003. 3. It is submitted that the management filed an appeal against the rejection of appointment of Peons and F.T.Manials before the Deputy Director of Education. It is stated that in the meanwhile, the Director of Public Instruction by Ext.P3 order dated 8.10.2009 directed the Manager to regularize the service of Lab Assistants from the date of their original appointment till the date of creation of the posts in the feeder category. Accordingly, the Manager passed Ext.P1 order dated W.P.(C).No.25290 OF 2010 3 16.11.2009. The Manager also filed Ext.P2 representation dated 30th November, 2009 to the Director of Public Instruction requesting to issue orders to the authorities to approve the appointments of the Peons and F.T.Manials on the basis of Ext.P1 order. The relief prayed for in the Writ Petition is “to direct the respondent to take a decision on Ext.P2, after affording an opportunity of being heard to the petitioner”. 4. The learned Government Pleader submitted that Ext.P2 is pending before the respondent. Without expressing any opinion on the merits of the case, it is only proper to direct the respondent to dispose of Ext.P2 representation expeditiously. Accordingly, the Writ Petition is disposed of as follows: a) The respondent shall dispose of Ext.P2 representation dated 30th November,2009 submitted by the petitioner, as W.P.(C).No.25290 OF 2010 4 expeditiously as possible and at any rate within a period of three months from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioner and any other affected party. b) The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the respondent. K.T.SANKARAN, JUDGE. cms