IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 3RD MARCH 2010 / 12TH PHALGUNA 1931 WP(C).No. 32355 of 2009(L) ---------------------------------------- PETITIONER(S): ------------------------ SAJAN GEORGE,S/O.V.B.GEORGE, AGED 38 YEARS,F.T.MENIAL,C.M.S.HIGHER SECONDARY SCHOOL,MALLAPPALLY,PATHANAMTHITTA DISTRICT. BY ADVS. MR.V.A.MUHAMMED, MR.K.E.HAMZA. RESPONDENT(S): -------------------------- 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT,GENERAL EDUCATION DEPARTMENT, SECRETARIAT,TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY,TRIVANDRUM-14. 3. THE DISTRICT EDUCATIONAL OFFICER, THIRUVALLA,PATHANAMTHITTA DISTRICT. 4. THE CORPORATE MANAGER,C.M.S.SCHOOLS, KOTTAYAM. 5. THE PRINCIPAL,C.M.S.HIGHER SECONDARY SCHOOL,MALLAPPALLY,PATHANAMTHITTA DISTRICT. R1 TO R3 BY GOVERNMENT PLEADER MR. SANDESH RAJA R4 BY ADV. MR.BABU VARGHESE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.32355/2009 L APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE ORDER OF APPOINTMENT OF THE PETITONER DTD. 01/08/2003. P2: COPY OF THE ORDER NO.B6-2725/07 OF THE DISTRICT EDUCATIONAL OFFICER DTD. 10/02/2009. P3: COPY OF THE REVISION PETITION FILED BEFORE THE 2ND RESPONDENT DTD. 27/02/2009. P4: COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WPC.NO.10867/2009C DTD. 02/04/2009. P5: COPY OF THE ARGUMENT NOTES SUBMITTED BEFORE THE 2ND RESPONDENT DTD. 06/08/2009. P6: COPY OF THE ORDER NO.ET (3)/35202/2009/DPI OF THE 2ND RESPONDENT DTD. 26/08/2009. P7: COPY OF THE REVISION FILED BEFORE THE GOVT. DTD. 02/11/2009. RESPONDENT'S EXHIBITS: R4(A): COPY OF THE LETTER SENT BY THE HEADMASTER, CMS HIGH SCHOOL, KUMPLAMPOIKA ADDRESSED TO THIS RESPONDENTS. R4(B): COPY OF THE REVISION/APPEAL DTD. 2/11/2009 FILED BEFORE THE 1ST RESPONDENT. /TRUE COPY/ P.A.TO JUDGE Kss S. SIRI JAGAN, J. ~~~~~~~~~~~~~~~~~~~ W.P.(C). No.32355 OF 2009 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 3rd day of March 2010 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ J U D G M E N T The petitioner has entered service of the school managed by the 4th respondent as a Part Time Menial on 3.3.2003. He was promoted as Full Time Menial from 1.8.2003. After much effort, the part time appointment was approved, but the full time promotion is yet to be approved. The petitioner approached the educational authorities and by Ext.P6 order, the Director of Public Instruction directed regularisation of the appointment of the petitioner as Full Time Menial with effect from 1.8.2003, against an established vacancy by transferring/reverting a junior, so as to disburse salary to him as Full Time Menial. The Manager was also directed to rearrange all the appointments and promotions made as Full Time Menial from 1.8.2003 onwards. The Manager was also made liable for the financial commitment in terms of G.O.(MS).258/90/GEdn W.P.(C). No.32355 OF 2009 -2- dated 15.12.1990. The petitioner seeks a direction to the Manager to implement Ext.P6 order. Now along with I.A.No. 1993/2010, the petitioner has produced Ext.P7 representation filed by the Manager, before the 1st respondent. The petitioner seeks a direction to the 1st respondent to pass orders on Ext.P7 expeditiously. 2. Having heard both sides, this writ petition is disposed of with a direction to the 1st respondent to consider and pass orders on Ext.P7 revision petition filed by the 4th respondent, as expeditiously as possible, at any rate within 3 months from the date of receipt of a copy of this Judgment, after affording an opportunity of being heard to the petitioner, the 4th respondent and all other persons who may be affected by the orders to be passed on Ext.P7. S. SIRI JAGAN JUDGE nl.