IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 18TH JULY 2008 / 27TH ASHADHA 1930 WP(C).No. 18822 of 2008(N) -------------------------- PETITIONER: ------------ DAVIS.E.O, CLERK, ST. FRANCIS HSS, MATTOM, THRISSUR. BY ADV. SMT.S.KARTHIKA ADV. SRI.M.S.UNNIKRISHNAN ADV. SRI.M.R.ANISON RESPONDENTS: ----------------------- 1. THE DISTRTICT EDUCATION OFFICER, CHAVAKKAD. 2. ST. FRANCIS READING ASSOCIATION CORPORATE EDUCATIONAL AGENCY, REP. BY ITS CORPORATE MANAGER, MATTOM, THRISSUR-02. 3. MR. VARUN VARGHESE.M, JUNIOR HINDI TEACHER, ST. FRANCIS HIGHER SECONDARY SCHOOL, MATTOM, THRISSUR-02. R1 BY GOVERNMENT PLEADER ADV. SHRI A.J. VARGHESE. R2 BY ADV. SRI.DEEPU THANKAN R3 BY ADV. SRI.V.A.MUHAMMED FOR R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T. SANKARAN, J. ............................................................................ W.P.(C) No. 18822 OF 2008 ............................................................................ Dated this the 18th July, 2008 J U D G M E N T The petitioner is working as Clerk in St. Francis High School for Girls, Mattom, Thrissur. It is stated that he joined service on 15.10.1999. The grievance of the petitioner is that though he is a better claimant than the third respondent to hold the post of Junior Hindi Teacher, the Manager promoted the third respondent to the post of Junior Hindi Teacher with effect from 03.06.2008, as per Ext. P4 order dated 02.06.2008. Aggrieved by Ext.P4 order, the petitioner submitted Ext. P5 representation to the District Educational Officer, Chavakkad requesting to issue necessary directions to the Manager to appoint the petitioner as Junior Hindi Teacher with effect from 03.06.2008. 2. The reliefs prayed for in the Writ Petition are the following: “a) to issue a writ of certiorari or other appropriate writ order or direction to quash Ext.P4 order to the extent of promoting and posting 3rd respondent to the post of Junior Hindi Teacher w.e.f. 03.06.2008. b) to issue a writ of mandamus or other appropriate writ order or direction directing the first respondent to issue necessary direction to the 2nd respondent, Manager to promote and post the petitioner as Junior Hindi Teacher w.e.f. 3.6.2008 in preference to the 3rd respondent applying Note to Rule 1 of Chapter XIV KER. c) to issue a writ of mandamus or other appropriate writ, order or direction directing the first respondent to consider and pass W.P.(C) No. 18822 OF 2008 2 orders on Ext.P5 representation before issuing any orders approving the appointment of the 3rd respondent to the post of Junior Hindi Teacher. d) to issue a writ of mandamus or other appropriate writ, order or direction directing the first respondent not to give any preference to the 3rd respondent for promotion and appointment to the post of Junior Hindi Teacher on the sole ground of her approved service in that post between 1.11.06 to 15.3.07 and not to approve 3rd respondent's appointment to Junior Hindi Teacher for the period from 17.9.04 to 23.12.04, before promoting and posting the petitioner to the post of Junior Hindi Teacher w.e.f. 3.6.2008; and e) to pass such other and further orders as are deemed just and necessary in the facts and circumstances of the case.” 3. Learned counsel appearing for respondent Nos. 2 and 3 submitted that the third respondent was rightly promoted by the Manager since he has got preferential claim for appointment as he has previous approved service in the category of Junior Hindi Teacher. 4. Learned counsel for the petitioner submits that for the present the petitioner would be satisfied if a direction is issued to the first respondent to consider and pass orders on Ext. P5 representation expeditiously after hearing the parties . 5. After hearing learned counsel for the petitioner, learned Government Pleader and learned counsel appearing for respondent Nos. 2 and 3 , I am of the view that the Writ Petition can be disposed of in the following manner: i) The first respondent, District Educational Officer, Chavakkad shall consider and dispose of Ext. P5 representation submitted by the petitioner, as expeditiously as possible and at any rate within a period of three months, after affording an opportunity W.P.(C) No. 18822 OF 2008 3 of being heard to the petitioner, Manager and the third respondent, Varun Varghese. ii) The petitioner shall produce certified copy of the judgment and a copy of the Writ Petition before the first respondent. iii) The petitioner and respondent Nos. 2 and 3 would be entitled to produce such other materials and documents, as are relevant, before the first respondent in support of their respective contentions. iv) Till Ext. P5 representation is disposed of, the proposal for approval of appointment of the third respondent shall be kept pending. K.T. SANKARAN, JUDGE. lk