IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 26TH OCTOBER 2010 / 4TH KARTHIKA 1932 WP(C).No. 31636 of 2010(D) -------------------------- PETITIONER(S): --------------- SYRUS, S/O.DEVADASAN, AGED 63, CORPORATE MANAGER, L.M.S.SCHOOLS, L.M.S.COMPOUND, THIRUVANANTHAPURAM. BY ADV. SRI.R.T.PRADEEP SRI.V.VIJULAL RESPONDENT(S): --------------- THE SECRETARY TO GOVERNMENT OF KERALA DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM - 695 001. MS.NISHA BOSE, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------ W.P.(C).No.31636 OF 2010 ------------------------------ Dated this the 26 th day of October, 2010 JUDGMENT The petitioner is the Corporate Manager of L.M.S.Schools, which is stated to be under the Corporate Management of South Kerala Diocese of Church of South India. 2. L.M.S. High School, Chemboor, under the Management of the petitioner was upgraded as High School in 1979. As per the Government Order in force, at least one protected teacher or non- teaching staff shall be appointed in the newly upgraded school in terms of Rule 6(8) of Chapter V of the K.E.R. It is stated that the Manager appointed K.S.Syamala Kumari Amma, a protected teacher, as HSA in the newly upgraded school on 29.10.1980, as per Ext.P2. It is stated that the protected teacher joined duty in the school on 24.11.1980. However, she was recalled to the W.P.(C).No.31636 OF 2010 2 parent school, as per the order dated 16.9.1983 passed by the Deputy Director of Education, Thiruvananthapuram. It is stated that the Corporate Manager filled up the post of HSA with Rule 51 A/43 Claimant. The District Educational Officer forwarded a list of protected teachers to the Manager and directed him to appoint at least one protected teacher or non-teaching staff in L.M.S High School, Chemboor. That order was complied with by the petitioner and one LPSA was absorbed in LMS LPS Kilikolloor under the Management of the Corporate Management. The Deputy Director of Education took the stand that the protected teacher should have been absorbed in the same upgraded school, namely, LMS High School, Chemboor. It is stated that the said direction was also complied with and one more protected teacher was appointed in L.M.S High School, Chemboor. 3. The grievance of the petitioner is that though the petitioner complied with the Government W.P.(C).No.31636 OF 2010 3 Orders in force, the appointments made by the Manager in retirement vacancies and other vacancies have not been approved by the Educational Officer concerned and the appeals filed against those orders were also dismissed. It is also stated that very many matters are pending in revision before the Government. When the District Educational Officer, Neyyattinkara withheld approval for appointment of teaching and non-teaching staff of the upgraded school, the petitioner moved Ext.P6 representation dated 17 th May, 2010 before the Government, pointing out all the relevant facts and voicing the grievance of the Corporate Management. It is stated that no decision is taken on Ext.P6 by the Government. The only relief sought for by the petitioner is to direct the Government to take a decision on Ext.P6 representation, after affording an opportunity of being heard to the petitioner. In the facts and circumstances of the case, I am of the view that the prayer made by the W.P.(C).No.31636 OF 2010 4 petitioner is liable to be granted. Accordingly, the Writ Petition is allowed. The respondent shall consider and dispose of Ext.P6 representation dated 17.5.2010 submitted by the petitioner as expeditiously as possible, and at any rate within a period of three months from the date of receipt of a copy of the judgment, after affording an opportunity of being heard to the petitioner and any other affected party. The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the respondent. K.T.SANKARAN, JUDGE. cms