IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 12TH MARCH 2008 / 22ND PHALGUNA 1929 WP(C).No. 8337 of 2008(P) ------------------------- PETITIONER: --------------- SARIMOL C.S., U.P.S.A., H.M.Y.H.S.S., KOTTUVALLIKKAD, P.O., MOOTHAKUNNAM, ERNAKULAM DISTRICT. BY ADV. SRI.ELVIN PETER P.J. RESPONDENTS: ------------------ 1. THE DEPUTY DIRECTOR OF EDUCATION, ERNAKULAM. 2. THE DISTRICT EDUCATIONAL OFFICER, ALUVA. 3. THE MANAGER, H.M.Y.H.S.S., KOTTUVALLIKKAD. 4. DIVYA M.D., U.P.S.A., H.M.Y.H.S.S. KOTTUVALLIKKAD, P.O., MOOTHAKUNNAM, ERNAKULAM DISTRICT. BY GOVERNMENT PLEADER SRI. A.J. VARGHESE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.8337 OF 2008 ---------------------------------------- Dated this the 12th day of March, 2008 JUDGMENT The petitioner is appointed as a UPSA in the 3rd respondent's School. But the appointment has been approved only on daily wage basis. The petitioner contends that the same is improper in view of Exts.P3 and P4 orders and that in the case of a similarly situated teacher this Court has by Ext.P6 judgment held so. The petitioner also submits that pursuant to Ext.P6 judgment in the case of a similarly situated teacher, the DEO has passed Ext.P7 order. 2. I am of opinion that it is more appropriate that the petitioner approaches the DEO first in this regard. Accordingly, I dispose of this writ petition with the following directions: The petitioner shall file an appropriate petition before the 2nd respondent within a period of two weeks from today along with a certified copy of this judgment. On receipt of the same, the 2nd respondent shall consider the same and pass appropriate orders in accordance with law, as expeditiously as possible, at W.P.(c) No.8337/08 2 any rate, within one month from the date of receipt of the same. While doing so, the petitioner shall also be afforded an opportunity of being heard as also the Manager of the School. The petitioner would be free to rely on Exts.P3, P4, P6 and P7 and the DEO shall consider the same, if the same are applicable to the petitioner's case. In respect of the challenge against the appointment of the 4th respondent, the same is left open to be agitated by the petitioner, if need arises. S. SIRI JAGAN, JUDGE Acd W.P.(c) No.8337/08 3