IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 28TH JANUARY 2009 / 8TH MAGHA 1930 WP(C).No. 2827 of 2009(J) ------------------------- PETITIONER: --------------- K.V.BEENA, W/O.P.D.JOSEPH, AGED 28 YEARS HIGH SCHOOL ASSISTANT (MALAYALAM), HIGH SCHOOL, THIRUVALAYANNUR, KALLUR-VADAKKEKAD, THRISSUR DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENTS: --------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, TRIVANDRUM 14. 3. THE DEPUTY DIRECTOR OF EDUCATION, AYYANTHOLE, THRISSUR DISTRICT. 4. THE DISTRICT EDUCATIONAL OFFICER, CHAVAKKAD, THRISSUR DISTRICT. 5. THE MANAGER, HIGH SCHOOL, THIRUVALAYANNUR, KALLUR-VADAKKEKKAD, THRISSUR DISTRICT. BY GOVT. PLEADER SHRI.T.T.MUHAMOO THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ---------------------------------------------- W.P(C) No.2827 of 2009-J --------------------------------------------- Dated this the 28th January, 2009. J U D G M E N T The petitioner was appointed as High School Assistant (Malayalam) in High School, Thiruvalayannur, as per Exhibit P1 order of appointment. The 5th respondent Manager sent proposal to the Educational Officer for approval of the appointment. The District Educational Officer, Chavakkad, rejected the proposal as per Exhibit P2 order dated 11.2.2008. On appeal by the Manager, the Deputy Director of Education, Thrissur, confirmed Exhibit P2 order and disposed the appeal filed by the Manager as per Exhibit P4 order dated 28.7.2008. Though the Manager filed Ext.P5 revision before the Director of Public Instruction, it is submitted by the petitioner that petitioner as well as the Manager were constrained to file revision before the Government in view of the fact that the Government order was in question. The petitioner filed Ext.P6 revision and the Manager filed Ext.P7 revision before the Government, challenging the orders passed by the District Educational Officer and the Deputy Director of Education. Exhibits P6 and P7 are pending disposal. W.P(C) No.2827 of 2009-J 2 2. The reliefs prayed for by the petitioner in the Writ Petition are the following: “i) call for the records leading to Exhibits P2, P4 and para VI of Exhibit P8 and quash the originals of the same by the issue of a writ of certiorari or other appropriate writ or order. ii) issue a writ of mandamus or other appropriate writ order or direction commanding 4th respondent to issue staff fixation orders in respect of High School, Thiruvalayannur for 2007-08 and 2008-09 in terms of the statutory provisions contained in the Kerala Education Rules in par with pupils strength and accommodation and take up Exhibit P1 for approval accordingly. iii) issue a writ of mandamus or other appropriate writ order or direction commanding the 1st respondent to effectively consider and pass appropriate orders upon Exhibits P6 and P7 after affording an opportunity of being heard to the petitioner within a time limit. iv) pass such other order or direction which this Hon'ble Court may deem fit and proper to grant in the circumstances of the case.” 3. The learned counsel for the petitioner submits that for the time being, the petitioner would be satisfied if relief No.(iii) is granted leaving open the right of the petitioner to invoke the other reliefs at the appropriate stage. The learned Government Pleader submitted that Exhibits P6 and P7 revisions would be disposed of without delay. W.P(C) No.2827 of 2009-J 3 4. In the facts and circumstances of the case, the Writ Petition is disposed of as follows: i) The first respondent shall dispose of Exts.P6 and P7 revisions filed by the petitioner and the Manager, after affording an opportunity of being heard to the petitioner and the Manager, as expeditiously as possible and at any rate within a period of three months from the date of receipt of a copy of the judgment ii) The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the first respondent. iii) The petitioner shall sent a copy of the judgment and copy of the Writ Petition to the 5th respondent (Manager) by registered post and shall produce proof of the same before the first respondent. K.T.SANKARAN JUDGE ab W.P(C) No.2827 of 2009-J 4 W.P(C) No.2827 of 2009-J 5 W.P(C) No.2827 of 2009-J 6 W.P(C) No.2827 of 2009-J 7