IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 11TH DECEMBER 2009 / 20TH AGRAHAYANA 1931 WP(C).No. 34943 of 2009(K) -------------------------- PETITIONER(S): --------------- MANJU.P.N, UPSA, ELANTHIKKARA HIGH SCHOOL, P.O.ELANTHIKKARA, ERNAKULAM DISTRICT. RESPONDENT(S): --------------- 1. DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM-14. 2. DISTRICT EDUCATIONAL OFFICER, ALUVA. 3. THE MANAGER, ELANTHIKKARA HIGH SCHOOL, P.O.ELANTHIKKARA, ERNAKULAM DISTRICT. BY ADV. SRI.POOVAMULLE PARAMBIL ABDULKAREEM SENIOR GOVERNMENT PLEADER, SHRI MUHAMOOD T.T THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.34943/2009-K ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 11th day of December, 2009 J U D G M E N T The petitioner is working as Upper Primary School Assistant in the School managed by the third respondent. The petitioner was appointed in a promotion vacancy of one Smt.Meenu Anand, U.P.S.A who was promoted as H.S.A with effect from 01/06/2009. The approval has been granted as per Ext.P1 but on daily wage basis instead of scale of pay, and on the strength of G.O.(P).No.104/08/G.Edn., dated 10/06/2008. The petitioner has taken up the matter in an appeal before the Director of Public Instruction as per Ext.P2. The petitioner is relying upon the Division Bench Judgment of this Court in Unni Narayanan v. State of Kerala [2009 (2) KLT 604], wherein the validity of the G.O.(P). No.104/08/G.Edn., dated 10/06/2008 was considered, to contend that the approval granted as per Ext.P1 on daily wage basis is illegal. The petitioner seeks for a direction to the Director of Public Instruction to take a decision in the appeal within a time frame. 2. The learned Government Pleader on getting instructions submitted that Ext.P2 has not been received so far in the office of the first respondent. The learned counsel for the petitioner submitted that the same was forwarded through proper channel. 3. If the petitioner files a fresh appeal, before the first respondent, within a period of three weeks, the same will be received and the appeal will be disposed of after hearing the petitioner and the Manager within two months from the date of receipt of a copy of this Judgment. The writ petition is disposed of as above. The petitioner will produce a copy of this writ petition along with a copy of this Judgment for compliance. No costs. (T.R. Ramachandran Nair, Judge.) ms