IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 23RD MARCH 2011 / 2ND CHAITHRA 1933 WP(C).No. 6918 of 2011(L) ------------------------- PETITIONER(S): --------------- IQBAL P.K., ASSISTANT TEACHER (IN BLING SECTION), CALICUT HIGHER SECONDARY SCHOOL FOR THE HANDICAPPED, P.O.KOLATHARA, KOZHIKODE-673655. BY ADV. SRI.A.MOHAMED MUSTAQUE SRI.K.R.AVINASH (KUNNATH) RESPONDENT(S): --------------- 1. THE MANAGER, CALICUT SCHOOL FOR HANDICAPPED, KOLATHARA, KOZHIKODE, 673655. 2. THE DISTRICT EDUCATIONAL OFFICER, KOZHIKODE-673001. 3. THE DY. DIRECTOR OF EDUCATION, KOZHIKODE-673001. 4. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695001. 5. THE GOVERNMENT OF KERALA, SECRETARY TO GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695001. 6. SAJITHA V.K., KODAKKAT HOUSE, P.O.FAROOK COLLEGE, CALICUT-673632. GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.6918/2011-L ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 23rd day of March, 2011 J U D G M E N T The petitioner herein was appointed as U.P.S.A (Blind) in the first respondent's school which is an aided school, with effect from 13/12/2007 against the promotion vacancy of one Shri C.K.Aboobacker who was promoted as Headmaster. Ext.P1 is the copy of the appointment order. When approval was granted, the period of service from 13/12/2007 to 31/03/2008 was treated by the District Educational Officer as duty on daily wage basis and, from 02/06/2008 he was treated as a probationer. In the meanwhile, the sixth respondent was appointed as Assistant Teacher on 16/01/2008 in the vacancy of one Shri K.Sebeer who had resigned from service on 11/12/2007. It is also submitted that in the light of the approval granted to the sixth respondent with effect from 16/01/2008 by the District Educational Officer, the petitioner became a junior. Even though the Manager challenged the same before the Deputy Director of Education, the same was dismissed as W.P.(C). No.6918/2011 -:2:- per Ext.P3 order. The petitioner has filed a revision petition as per Ext.P4 before the Director of Public Instruction. It is submitted that the Manager has also filed a revision petition before the Director of Public Instruction. 2. There will be a direction to the Director of Public Instruction to take a decision on Ext.P4 after hearing the petitioner and the Manager and any other affected parties within a period of two months from the date of receipt of a copy of this Judgment. The petitioner will produce a copy of the writ petition along with a copy of the Judgment before the fourth respondent for compliance. The writ petition is disposed of as above. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms \\TRUE COPY// P.A TO JUDGE