IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 3RD SEPTEMBER 2008 / 12TH BHADRA 1930 WP(C).No. 26666 of 2008(Y) PETITIONER: ANIL KUMAR.T, AGED 40, S/O. N. THANKAPPAN, HSST (SOCIOLOGY), SNDP HSS, UDAYAMPEROOR. BY ADV. SRI.BENOY THOMAS RESPONDENTS: 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF HIGHER SECONDARY EDUCATION, DIRECTORATE OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDING, THIRUVANANTHAPURAM. 3. REGIONAL DEPUTY DIRECTOR, O/O THE REGIONAL DEPUTY DIRECTOR, HIGHER SECONDARY EDUCATION, EDAPPALLY, ERNAKULAM. 4. THE CORPORATE MANAGER, SNDP HSS YOGUM SCHOOLS, KOLLAM. GOVERNMENT PLEADER SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------------------- W.P.(C) NO. 26666 OF 2008 Y -------------------------------------------- Dated this the 3rd September, 2008 JUDGMENT Petitioner is working as HSST Sociology in SNDP Higher Secondary School, Udayamperoor. It is stated that he was appointed as HSST Sociology in SVPM SNDP Higher Secondary School, Kazhimpram in Thrissur District with effect from 5.10.2001, against a full time post of HSST Sociology. The Director of Higher Secondary Education (second respondent) has granted approval to the appointment of the petitioner as HSST (Jr) Sociology with effect from 5.10.2001, as per Ext.P5 order dated 17.7.2008. The grievance of the petitioner is that his appointment is approved only as HSST (Jr) Sociology instead of HSST Sociology. Aggrieved by Ext.P5 order, the petitioner filed Ext.P6 representation dated 5.8.2008, before the Government. Ext.P6 representation is pending disposal. 2. The reliefs prayed for in the Writ Petition are the following: “i) Declare that petitioner is entitled for approval as HSST full time Sociology w.e.f. 5.10.2001 and that Ext.P5 order is liable to be revised to that extent. ii) Issue a writ of mandamus or consequential directions directing the 2nd respondent to approve the appointments of the petitioner as HSST full time Sociology w.e.f. 5.10.2001 and to grant consequential service benefits within the time limit to be fixed by this Honourable Court. iii) Grant such other appropriate writ order or direction as this Honourable Court may deem fit and proper to meet the ends of justice.” W.P.(C) NO.26666 OF 2008 :: 2 :: 3. 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 dispose of Ext.P6 representation at the earliest, leaving open the right of the petitioner to pursue the other remedies at the appropriate stage. In the facts and circumstances of the case, the Writ Petition is disposed of in the following manner: a) The first respondent shall consider and dispose of Ext.P6 representation dated 5.8.2008, as expeditiously as possible and, at any rate, within a period of three months, after affording an opportunity of being heard to the petitioner, the fourth respondent and any other person who is likely to be affected. b) Petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the first respondent. c) Petitioner shall send a copy of the judgment to the fourth respondent by registered post and shall produce proof of the same before the first respondent. (K.T.SANKARAN) Judge ahz/