IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 9TH NOVEMBER 2011 / 18TH KARTHIKA 1933 WP(C).No. 29792 of 2011(Y) -------------------------- PETITIONER: --------------- EMEY M.KURIAKOSE, WIFE OF JOMY GEORGE, AGED 26 YEARS, PHYSICAL EDUCATION TEACHER, M R S V HIGH SCHOOL, MAZHUVANNOOR, ERNAKULAM DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA SRI.V.RAJASEKHARAN NAIR RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, THIRUVANANTHAPURAM-695014. 3. THE DEPUTY DIRECTOR OF EDUCATION, ERNAKULAM AT KAKKANAD-682030. 4. THE DISTRICT EDUCATIONAL OFFICER, MUVATTUPUZHA, ERNAKULAM DISTRICT-686661. 5. THE MANAGER, M R S V HIGH SCHOOL, MAZHUVANNOOR, ENAKULAM DISTRICT-686689. BY SR.GOVT.PLEADER SHRI M.A.FAYAZ FOR R1 TO R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 29792 of 2011(Y) APPENDIX PETITIONER(S) EXHIBITS EXT.P1 TRUE COPY OF THE ORDER OF APPOINTMENT OF THE PETITIONER DT.NIL EXT.P2 TRUE COPY OF THE ORDER NO.B1/3233/10/K.DIS. OF THE DISTRICT EDUCATIONAL OFFICER, MUVATTUPUZHA DT.18.2.2011. EXT.P3 TRUE COPY OF THE ORDER NO.M.AP/101F/2010 OF THE MANAGER DT.28.5.10. EXT.P4 TRUE COPY OF THE ORDER NO.B4/3960/11/D.DIS. OF THE DEPUTY DIRECTOR DT.30.6.11. EXT.P5 TRUE COPY OF THE ORDER OF APPOINTMENT AND THE APPROVAL THEREOF BY THE DISTRICT EDUCATIONAL OFFICER DT.1.6.10/30.9.11. EXT.P6 TRUE COPY OF THE REVISION PETITION FILED BEFORE THE GOVERNMENT DT.25.10.11. RESPONDENTS' EXHIBITS : NIL TRUE COPY P.A.TO JUDGE dsn T.R.RAMACHANDRAN NAIR, J. -------------------------------------------------- W.P.(C)No.29792 of 2011 -------------------------------------------------- DATED THIS THE 9th DAY OF NOVEMBER, 2011 JUDGMENT The petitioner who is working as a Physical Education Teacher in the M.R.S.V.High School, Mazhuvannor in Muvattupuzha is seeking for a direction to the Government to consider and pass orders on Exhibit P6 revision petition within a time frame. 2. This is a case where the petitioner's appointment was approved on daily wages from 23-06-2010 to 31-03-2011 and on regular basis from 01-06-2011. It is pointed out that the Manager appointed a protected hand as per Ext.P3 order dated 28-05-2010. The said protected hand joined duty on 23-06- 2010. It is therefore contended that the petitioner's right for getting approval cannot depend upon the date of joining duty by the protected hand. 3. This is a matter for consideration by the Government at the time of disposing of Ext.P6 revision petition . W.P.(C)No.29792/11 -2- 4. The learned counsel for the petitioner also relied upon the decision of this Court on Nadeera v. State of Kerala (2011 (3)KHC 650) 5. There will be a direction to the Government to take a decision on Exhibit P6 revision petition after hearing the petitioner and the Manager within a period of five months from the date of receipt of copy of this judgment. The petitioner will forward a copy of the Writ Petition along with a copy of this judgment to the Government for compliance. The Writ Petition is disposed of as above. Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn