IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 11TH NOVEMBER 2008 / 20TH KARTHIKA 1930 W.P(C).No. 24929 of 2008(P) ---------------------------------- PETITIONER: -------------- ELIZABETH P. GEORGE, UPSA, ST. GEORGE HIGH SCHOOL ATTACHAKAL, PATHANAMTHITTA BY ADV. SRI.C.S.MANILAL RESPONDENT(S): ------------------- 1. DISTRICT EDUCATIONAL OFFICER PATHANAMTHITTA 2. DEPUTY DIRECTOR OF EDUCATION, THIRUVALLA 3. MANAGER, ST.GEORGE VOCATIONAL HIGHER SECONDARY SCHOOL, ATTACHAKAL ADV. SRI.V.A.MUHAMMED FOR R3 SRI.K.E.HAMZA FOR R3 GOVT. PLEADER, SRI. A.J. VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = W.P.(C) No. 24929 OF 2008 P = = = = = = = = = = = = = = = Dated this the 11th day of November 2008 J U D G M E N T Petitioner is a U.P.S.A. in the school of which the 3rd respondent is the Manager. According to the petitioner, there is a retirement vacancy of H.S.A.(English) and that in terms of the staff fixation order for 2008-09 a post is also available. Claiming appointment to that post, petitioner has filed Ext. P1 before the 1st respondent. 2. In this writ petition, the limited prayer that is made is for a direction to the D.E.O. to consider Ext. P1. Though the Manager has a case that there is no vacancy available, still having regard to the disputed questions of facts that are raised by both sides, I feel that it will be appropriate that the 1st respondent takes a decision on the claims of the petitioner with notice to the 3rd respondent. 3. Therefore, the writ petition is disposed of directing that if Ext. P1 has been received and is pending, the 1st respondent shall consider the same with notice to the 3rd respondent and render a W.P.(C) No. 24929 OF 2008 - 2 - decision thereon. This shall be done as expeditiously as possible, at any rate, within 6 weeks of production of a copy of this judgment along with a copy of this writ petition. Petitioner shall produce a copy of this judgment along with a copy of the writ petition before the 1st respondent for compliance. ANTONY DOMINIC JUDGE jan/-