IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 12TH JUNE 2008 / 22ND JYAISHTA 1930 WP(C).No. 14844 of 2008(P) -------------------------- PETITIONER: ------------ SHINE SKARIA,PALATHOTTATHIL HOUSE, KOOTHATTUKULAM. BY ADV. SRI.B.GOPAKUMAR SMT.CHINCY GOPAKUMAR RESPONDENTS: ------------- 1. THE DIRECTOR OF HIGHER SECONDARY EDUCATION,HOUSING BOARD BUILDING, SANTHI NAGAR,THIRUVANANTHAPURAM-1. 2. REGIONAL DEPUTY DIRECTOR, HIGHER SECONDARY EDUCATION, EDAPPALLY P.O,ERNAKULAM 3. MANAGER, ST.JOHNS SYRIAN HIGHER SECONDARY SCHOOL, VADAKARA,OLIYAPPURAM P.O,KOOTHATTUKULAM. 4. STATE OF KERALA REP.BY THE SECRETARY TO EDUCATION DEPARTMENT, GOVT.SECRETARIAT,THIRUVANANTHAPURAM. 5. THE PRINCIPAL,ST.JOHN SYRIAN HIGHER SECONDARY SCHOOL, VADAKARA,OLIYAPPURAM P.O,KOOTHATTUKULAM. BY ADV. SRI.K.JAJU BABU FOR R3 SMT.M.U.VIJAYALAKSHMI FOR R3 SRI.T.S.SHYAM PRASANTH FOR R3 GOVERNMENT PLEADER SRI.K.R.SABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C)No.14844/2008 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. TRUE COPY OF THE PROCEEDINGS ISSUED BY THE 3RD RESPONDENT APPOINTING THE PETITIONER AS LABORATORY ASSISTANT DATED 4-8-2006. EXT.P2. TRUE COPY OF THE INTERIM ORDER DATED 2-5-07 IN W.P(C)14256/07 OF THIS HON'BLE COURT. EXT.P3. TRUE COPY OF THE LETTER DATED 11-2-08 OF THE 2ND RESPONDENT REJECTING EXT.P1. EXT.P3(a) TRUE COPY OF THE APPEAL DATED 5-3-08 FILED BY THE PETITIONER CHALLENGING EXT.P3 BEFORE 1ST RESPONDENT. EXT.P4. TRUE COPY OF THE LETTER DATED 13-2-08 ISSUED BY THE 2ND RESPONDENT ALONG WITH EXT.P3 FOR REVERTING THE PETITIONER AND POSTING HIM AS MENIAL. / TRUE COPY / P.S.TO JUDGE K.T.SANKARAN, J. -------------------------------------------- W.P.(C) NO. 14844 OF 2008 P -------------------------------------------- Dated this the 12th June, 2008 JUDGMENT The petitioner was working as full time Menial in St.Johns Syrian Higher Secondary School, of which, third respondent is the Manager. The case of the petitioner is that with effect from 4.8.2006 he was appointed by the then Manager as Laboratory Assistant, as per Ext.P1 appointment order. The appointment was forwarded for approval. It is stated that there was dispute regarding Managership. The said dispute was pending in different courts. It is stated by the counsel that even now the dispute is pending before the Division Bench. As per the judgment dated 5.10.2007 in Writ Petition No.14256 of 2007 and connected cases, the claim of the Manager who appointed the petitioner was not accepted. It is stated that the Manager who appointed the petitioner continued in office all through out till 11.4.2007 and was discharging his functions as Manager of the School. It is also stated by the petitioner that there was an interim order in W.P.(C) No.14256 of 2007, as per which, that Manager continued in office. According to the petitioner, the person who appointed the petitioner in his capacity as Manager was competent to do so at the relevant time. This contention is denied by Sri.Jaju Babu, who appears for the person who claims to be the present Manager. W.P.(C) NO.14844 OF 2008 :: 2 :: 2. On 11.2.2008, the Regional Deputy Director issued Ext.P3 communication to the Manager of the School. Ext.P3 order reads as follows: “On the basis of the judgment of the Hon. High Court of Kerala as referred to 3 above, the proposals for the approval of the appointments of Sinoby Mathew and Shine Skaria as Lab Assistant in St.John’s Syrian HSS, Vadakara under reference 1 & 2 above is returned herewith as rejected.” 3. Challenging Ext.P3, the petitioner filed Ext.P3(a) appeal dated 5.3.2008, before the Director of Higher Secondary Education. Ext.P3(a) appeal is pending disposal. While so, on 13.2.2008, the Regional Deputy Director issued Ext.P4 letter to the Manager of the School, directing the Manager to revert the petitioner as full time menial. 4. The reliefs prayed for in the Writ Petition are the following: i) Issue a writ of certiorari or any other appropriate writ, direction or order quashing Exts.P3 and P4 as illegal and void. ii) Issue a writ of mandamus or any other appropriate writs, direction or orders commanding the 1st respondent to forth with approve the proposal/appointment made in Ext.P1 by disposing of Ext.P3(a) appeal filed against Ext.P3. iii) such other appropriate writs, directions or orders which are fit and proper in the circumstances of the case, including costs.” W.P.(C) NO.14844 OF 2008 :: 3 :: Since Ext.P3(a) appeal is pending against Ext.P3 order, relief (i) cannot be granted. For the same reason, first part of relief (ii) also cannot be granted. At the same time, it is just and necessary to issue a direction to the Director of Higher Secondary Education to dispose of Ext.P3(a) appeal filed by the petitioner after affording an opportunity of being heard to the petitioner and all other affected parties. 5. Accordingly, the Writ Petition is disposed of directing the first respondent to dispose of Ext.P3(a) appeal dated 5.3.2008, filed by the petitioner, after affording an opportunity of being heard to the petitioner, the Manager and all other persons who have put forward the claim to be the Manager of the School. The first respondent shall dispose of the appeal within a period of three months. At the time of admission, all further proceedings pursuant to Ext.P4 were stayed. Since first respondent has to dispose of Ext.P3(a) appeal, it is just and necessary to keep in abeyance Ext.P4 till the disposal of the appeal by the first respondent. (K.T.SANKARAN) Judge ahz/