IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 23RD SEPTEMBER 2011 / 1ST ASWINA 1933 WP(C).No. 25352 of 2011(T) -------------------------- PETITIONER(S): --------------- REENA T.N., HIGH SCHOOL ASSISTANT(ENGLISH)(RETRENCHED) CONCORDIA LUTHERAN HIGH SCHOOL, PEROORKADA, RESIDING AT CHEMOPITTAVILA VEEDU, VALIAKATTAKKAL, VENGARAMMODU, THIRUVANANTHAPURAM BY ADV. SRI.D.KISHORE RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 2. THE DEPUTY DIRECTOR OF EDUCATION, THIRUVANANTHAPURAM - 695 001 3. THE DISTRICT EDUCATIONAL OFFICER, THIRUVANANTHAPURAM - 695 001 4. THE MANAGER, CORPORATE MANAGEMENT OF LUTHERAN SCHOOLS, INDIA EVANGELICAL LUTHERAN CHURCH, PEROORKADA P.O., THIRUVANANTHAPURAM - 695 005 BY GOVERNMENT PLEADER SRI. V. VIJULAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 25352 of 2011(T) EXHIBITS PETITIONERS EXHIBITS: EXT.P1: TRUE COPY OF THE APPOINTMENT ORDER DATED 1.6.2004 ISSUED BY THE MANAGER OF THE SCHOOLS EXT.P2: TRUE COPY OF THE STAFF FIXATION ORDER NO. D.DIS./B4/4482/04 DATED 16.8.2004 OF THE 3RD RESPONDENT EXT.P3: TRUE COPY OF THE ORDERNO.B4/4012/04 DATED 20.8.2004 OF THE 3RD RESPONDENT EXT.P4: TRUE COPY OF THE ORDER NO.B3.26270/04/K.DIS DATED 4.10.2005 OF 2ND RESPONDENT EXT.P5: TRUE COPY OF THE REVISION PETITION DATED 22.8.2011 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT RESPONDENTS EXHIBITS: NIL TRUE COPY P.A TO JUDGE jma T.R.RAMACHANDRAN NAIR, J. -------------------------------------------------- W.P.(C)No.25352 of 2011 -------------------------------------------------- DATED THIS THE 23rd DAY OF SEPTEMBER, 2011 J U D G M E N T The petitioner is seeking for a direction to the Government to consider and pass orders on Exhibit P5, which is filed as a revision petition under Rule 92 of Chapter XIV-A of Kerala Education Rules. 2. This is a case where the petitioner is appointed as a High School Assistant(English) in the Concordia Lutheran High School managed by the 4th respondent with effect from 1.6.2004 as per Exhibit P1 order. The appointment was not approved for the reason that by Exhibit P3 order the Government had restrained the appointments pending the management dispute. This is evident from the communication Exhibit P3 issued by the District Educational Officer. The appeal filed against the same by the Manager was dismissed by Exhibit P4. Evidently, Exhibit P4 order is dated 4.10.2005. 3. The learned Government Pleader points out that the revision petition is filed with considerable delay, after a number W.P.(C)No.25352/11 -2- of years. 4. The learned counsel for the petitioner submitted that various reasons have been stated in Exhibit P5 itself explaining the reasons for the delay. 5. I am not finally pronouncing upon that matter, since it is upto the Government to take a decision on Exhibit P5 in accordance with law. It will be open to the Government to consider all aspects including the delay in filing the revision petition. Appropriate decision will be taken within a period of six months from the date of receipt of a copy of this judgment. The petitioner will forward a copy of the Writ Petition along with a copy of this judgment to the Government for compliance. The Writ Petition is disposed of as above. Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn