IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 1ST SEPTEMBER 2008 / 10TH BHADRA 1930 WP(C).No. 26220 of 2008(U) -------------------------- PETITIONER: ------------ C.ASHLY JEROLD, FULL TIME HINDI TEACHER, B.E.M.U.P.SCHOOL, ANCHARAKKANDY, KANNUR DISTRICT. BY ADV. SRI.V.RAJENDRAN RESPONDENTS: ------------- 1. THE CORPORATE MANAGER OF ALL CSI SCHOOLS IN MALABAR & WAYANAD, BANK ROAD, CALICUT. 2. ASSISTANT EDUCATIONAL OFFICER, VYTHIRI WAYANAD DISTRICT. 3. ASSISTANT EDUCATIONAL OFFICER, KOZHIKODE CITY, CALICUT. 4. ASSISTANT EDUCATIONAL OFFICER, MATTANNUR, KANNUR DISTRICT. 5. DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. BY GOVT. PLEADER SHRI A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T. SANKARAN,J. -------------------------------------- W.P.(C) No.26220 of 2008 U -------------------------------------- Dated this the 1st day of September, 2008. J U D G M E N T The averments in the Writ Petition would indicate the following facts:- The petitioner commenced service in 1988 as Full Time Menial in the school of which the first respondent is the Manager. The petitioner was later promoted as Peon. While working as Peon in Aron U.P.School, Pappinisseri, he was promoted as Part Time Hindi Teacher against a leave vacancy. The proposal for approval of promotion as Part Time Hindi Teacher is still pending before the second respondent. On termination of the leave vacancy, the petitioner was reverted as Peon and posted back at Aron U.P. School, Pappinisseri. 2. The petitioner was again promoted on 25.8.2005 against a permanent vacancy of Part Time Hindi Teacher. He was posted at B.E.M.U.P. School, Puthiyara. The third respondent refused to approve the promotion as per Ext.P1 order. Ext.P1 order was challenged by the Manager in appeal before the District Educational Officer. The appeal was dismissed as per order dated 1.12.2006. It is stated that the Manager has filed an appeal before the Director of Public Instruction challenging the order dated 1.12.2006 passed by the District Educational Officer and that appeal is pending. WP(C) No.26220/2008 2 3. The petitioner was promoted as Full Time Hindi Teacher against a leave vacancy in B.E.M.U.P. School, Ponnani where he joined on 20.6.2006. The said promotion was duly approved by the Assistant Educational Officer, Ponnani. On the expiry of the leave vacancy, the petitioner was reverted as Part Time Hindi Teacher and was posted as such in B.E.M.U.P. School, Puthiyara. It is stated that the petitioner was again promoted as Full Time Hindi Teacher and was posted at B.E.M.U.P. School, Ancharakkandy against a permanent post where he joined on 10.6.2008. The proposal for approval thereof is pending before the fourth respondent. 4. The petitioner has submitted Ext.P2 revision petition dated 10.7.2008 before the Director of Public Instruction challenging Ext.P1 order and also complaining the non-approval by the second respondent of the appointment of the petitioner as Part Time Hindi Teacher. Ext.P2 revision petition dated 10.7.2008 is pending disposal. 5. The learned counsel for the petitioner submits that, for the time being, the petitioner would be satisfied if the Director of Public Instruction (fifth respondent) is directed to dispose of Ext.P2 revision and also if the Assistant Educational Officer, Mattannur (fourth respondent) is directed to consider the question of approval of the appointment of the petitioner as Full Time Hindi Teacher. The learned Government Pleader submitted that Ext.P2 would be disposed of without delay and that the question of approval of appointment also will be considered by the fourth respondent shortly. WP(C) No.26220/2008 3 The Writ Petition is, accordingly, disposed of in the following manner:- (i) The fifth respondent (Director of Public Instruction) shall dispose of Ext.P2 revision, 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 Manager and any other person who is likely to be affected. (ii) The petitioner shall produce a copy of the Writ Petition and certified copy of judgment before the fifth respondent. (iii) The fourth respondent (Assistant Educational Officer, Mattannur) shall consider the proposal for approval of the appointment of the petitioner as Full Time Hindi Teacher and dispose of the proposal as expeditiously as possible and at any rate within a period of one month. (iv) The petitioner shall produce a copy of the Writ Petition and a true attested photostat copy of the judgment before the fourth respondent as well. K.T. SANKARAN, JUDGE. cks