IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 4TH NOVEMBER 2010 / 13TH KARTHIKA 1932 WP(C).No. 32746 of 2010(P) -------------------------- PETITIONER(S): --------------- JUNU.N.RAJ, H.S.A.(P.S.) ST.PAULS G.H.S., VETTIMUKAL, KOTTAYAM. BY ADV. SRI.VIJU ABRAHAM SRI.DOMINIC JOHNSON RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-1. 2. DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-1. 3. DEPUTY DIRECTOR OF EDUCATION, KOTTAYAM- 686 001. 4. DISTRICT EDUCATIONAL OFFICER, PALA – 686 575. 5. CORPORATE MANAGER, CORPORATE EDUCATIONAL AGENCY OF SCHOOLS DIOCESE OF VIJAYAPURAM, KOTTAYAM -686 001. GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- W.P.(C).No.32746 of 2010 --------------------------------------------- Dated this the 4th day of November, 2010 JUDGMENT The petitioner is presently working as H.S.A. (Physical Science) in St. Paul's G.H.S., Vettimukal. The petitioner was initially appointed in a leave vacancy in St.Joseph's G.H.S., Mundakayam from 16.6.1997 to 11.8.1997 which was approved by the District Educational Officer. Later, the petitioner was appointed in a permanent vacancy on 2.6.1999 in Little Flower G.H.S., Munnar. Thereafter, the petitioner was transferred to St.Joseph's G.H.S., Mundakayam. While so, a permanent vacancy of H.S.A. (Physical Science) arose in St.Paul's G.H.S., Vettimukal due to voluntary retirement of Salilamma Thomas. The petitioner was transferred and posted in the said vacancy by Exhibit P1 order of appointment dated 30.5.2009. The District Educational Officer rejected the proposal for approval of appointment of the petitioner, by Exhibit P2 order dated 5.8.2009. Exhibit P2 was challenged in appeal by the Manager and also by the petitioner before the Deputy Director of WPC No.32746/2010 2 Education, which were dismissed as per Exhibit P3 order dated 7.11.2009. The Manager preferred an appeal before the Director of Public Instruction, which was dismissed as per Exhibit P5 order dated 23.6.2010. The petitioner filed Exhibit P6 revision dated 8.9.2010 before the Government challenging Exhibit P5 order. Exhibit P6 revision is pending disposal. It is submitted that the Manager has also filed Exhibit P8 revision dated 9.9.2010 before the Government. The contention of the petitioner is that Exhibit P10 order dated 15.11.2008 issued by the Director of Public Instruction is relevant in the present case and therefore, there is no impediment in approving the appointment of the petitioner. 2. Since Exhibits P6 and P8 are pending before the Government, it is not necessary to decide the Writ Petition on the merits on the question of approval of appointment of the petitioner. Though several reliefs are prayed for in the Writ Petition, the learned counsel for the petitioner submitted that for the time being, a direction to dispose of the revisions would be sufficient. 3. In the facts and circumstances, the Writ Petition is WPC No.32746/2010 3 disposed of as follows: (i) The first respondent shall consider and dispose of Exhibit P6 revision filed by the petitioner and Exhibit P8 revision filed by the Manager, 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, the 5th respondent Manager and any other affected party. (ii) The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the first respondent. (iii) The petitioner shall send a copy of the Writ Petition and a copy of the judgment to the fifth respondent Manager by registered post and shall produce proof of the same before the first respondent. K.T.SANKARAN JUDGE csl