IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 22ND FEBRUARY 2008 / 3RD PHALGUNA 1929 WP(C).No. 27274 of 2007(V) -------------------------- PETITIONER: ------------ A.SAKUNTHALA,FULL TIME MENIAL, M.V.HIGHER SECONDARY SCHOOL,ARUMANOOR, POOVAR P.O. NEYYATTINKARA,THIRUVANANTHAPURAM-695 525. BY ADV. SRI.B.RAGUNATHAN SRI.V.V.MATHEW RESPONDENTS: ------------------- 1. STATE OF KERALA,REPRESENTED BY PRINCIPAL SECRETRY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, THIRUVANANTHAPURAM – 695 014. 3. DISTRICT EDUCATIONAL OFFICER, NEYYATTINKARA, THIRUVANANTHAPURAM-695 121. 4. THE MANAGER, M.V.HIGHER SECONDARY SCHOOL,ARMANOOR, POOVAR P.O., NEYYATTINKARA, THIRUVANANTHAPURAM-695 525. BY ADV. SRI.V.AJAKUMAR-R4 SRI.T.M.CHANDRAN GOVERNMENT PLEADER SMT. N. SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 27274 of 2007 APPENDIX EXT.P1: COPY OF LETTER DTD 30.11.2002 OF R3. EXT.P2: COPY OF THE ORDER DTD 23.2.2001 OF R2. EXT.P3: COPY OF LETTER DTD 30.5.2001 ALONG WITH THE ENQUIRY REPORT OF R3. EXT.P4: COPY OF THE ORDER DTD 24.9.2001 OF R4. EXT.P5: COPY OF THE ORDER DTD 12.12.2001 OF R3. EXT.P6: COPY OF THE G.O. DTD 14.8.2006. EXT.P7: COPY OF THE REPRESENTATION DTD 15.6.2007. EXT.P8: COPY OF THE REPRESENTATION DTD 4.11.2005. 4TH RESPONDENT'S EXHIBITS EXT.R4(a): COPY OF LETTER FROM THE PETITIONER REFUSING TO FURNISH OPTION FOR FIXATION. EXT.R4(b): COPY OF ORDER NO.B4/4502/2006 DTD 5.7.2006. EXT.R4(c): COPY OF THE LETTER DTD 18.9.2001. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.27274 OF 2007 ---------------------------------------- Dated this the 22nd day of February, 2008 JUDGMENT The petitioner in this writ petition is a Full Time Menial working in the 4th respondent's School. The main prayers of the petitioner are relating to disciplinary proceedings against her. In W.P. (C) No.26565/06, in respect of those disciplinary proceedings, I had directed the Government to reconsider the revision petition filed by the Manager in this regard. That being so, the petitioner can raise all her contentions in respect of the disciplinary proceedings before the Government in that revision petition. However, the petitioner has another claim regarding her entitlement to promotion to the post of Peon in a vacancy, which has arisen on 31.5.2007. In respect of the same, the petitioner has filed Ext.P7 complaint before the DEO, Neyyattinkara – the 3rd respondent herein. In view of the pendency of that complaint, I feel that the DEO can be directed to consider and pass appropriate orders on Ext.P7. Accordingly, this writ petition is disposed of with a direction W.P.(c) No.27274/07 2 to the 3rd respondent to consider and pas appropriate orders on Ext.P7 as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment. If the petitioner files a petition seeking other reliefs like arrears of salary, fixation of pay etc., the same shall also be considered in accordance with law, by the DEO along with Ext.P7. Before passing orders, the DEO shall afford an opportunity of being heard to the petitioner as well as the Manager. S. SIRI JAGAN, JUDGE Acd W.P.(c) No.27274/07 3