IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 29TH OCTOBER 2010 / 7TH KARTHIKA 1932 WP(C).No. 31213 of 2010(B) -------------------------- PETITIONER(S): ---------------------- LATHIKA C.M, THAI VALAPPIL HOUSE, PADINHATTAM KOZHUVAL, P.O.NILESWAR, KASARAGOD DIST. BY ADV. SRI.C.K.SREEJITH RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM - 1. 2. DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM – 695 001. 3. DISTRICT EDUCATIONAL OFFICER, KANHANGAD, KASARAGOD DISTRICT – 671 315. 4. M.D.SURESH KUMAR, F.T.URDU TEACHER, RAJAH'S HIGH SCHOOL, NILESHWAR, KASARAGOD – 671 314. GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON ON 29/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jvt WP(C).No. 31213 of 2010 APPENDIX Petitioner's Exhibits :- Ext.P1 :- Copy of the appointment order dated 2.7.2007. Ext.P2 :- Copy of the appointment order together with endorsement of approval. Ext.P3 :- Copy of the attendance Register. Ext.P4 :- Copy of the notice dated 23.12.2009. Ext.P5 :- Copy of the representation dated 18.1.2010. Ext.P6 :- Copy of the notice of hearing dated 5.6.2010. Ext.P7 :- Copy of the memorandum dated 25.6.2010. Ext.P8 :- Copy of the order dated 28.8.2010 issued by the 2nd respondent. Ext.P9 :- Copy of the revision petition dated 28.9.2010 together with stay petition. Respondent's Exhibits :- NIL. //True Copy// P.A. to Judge K.T.SANKARAN, J. ------------------------------ W.P.(C).No.31213 OF 2010 ------------------------------ Dated this the 29th day of October, 2010 JUDGMENT The petitioner was appointed as HSA(Malayalam) in Rajas High School, Nileshwar, Kasaragod District in a leave vacancy with effect from 2.7.2007 to 4.6.2008, as per Ext.P1 appointment order. It is stated that the appointment was approved by the District Educational Officer. It is stated that during the academic year 2007-2008 one Suresh Kumar was appointed as HSA(Malayalam) by promotion in a retirement vacancy. For want of students strength one post of HSA(Malayalam) was abolished in 2007- 2008. It is stated that the proposal for approval of appointment of Suresh Kumar was therefore, declined and he was reverted to the original post as per order dated 1.2.2008. It is also stated that after a lapse of 18 months, Suresh Kumar made a complaint to the Director of Public Instruction stating that he should have been appointed in the W.P.(C).No.31213 OF 2010 2 place of the petitioner, on the ground that he was a claimant under Rule 43 of Chapter XIV A of the Kerala Education Rules. The Director of Public Instruction passed Ext.P8 order dated 28.8.2010 cancelling the approval of appointment of the petitioner and further directing refund of the loss sustained to the Government after assessing the same. The petitioner challenged Ext.P8 order passed by the Director of Public Instruction before the Government in Ext.P9 revision dated 28.9.2010. Ext.P9 revision is pending disposal. 2. Though the petitioner has claimed several reliefs, the learned counsel for the petitioner submitted that for the time being, it would be sufficient, if a direction is issued to dispose of Ext.P9 revision expeditiously. 3. Accordingly, the Writ Petition is disposed of as follows: W.P.(C).No.31213 OF 2010 3 a) The first respondent shall consider and dispose of Ext.P9 revision filed by the petitioner 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, after affording an opportunity of being heard to the petitioner, 4th respondent and the Manager. b) The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the first respondent. c) The petitioner shall send a copy of the Writ Petition and a copy of the judgment to the 4th respondent by registered post and he shall produce proof of the same before the first respondent. K.T.SANKARAN, JUDGE cms