IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 14TH OCTOBER 2010 / 22ND ASWINA 1932 WP(C).No. 31558 of 2010(T) PETITIONER: U.LETHA, HIGH SCHOOL ASSISTANT (MALAYALAM), VIM HIGH SCHOOL, PALLASSANA, PALAKKAD DISTRICT. BY ADV. SRI.V.A.MUHAMMED RESPONDENTS: 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, TRIVANDRUM-14. 3. THE DEPUTY DIRECTOR OF EDUCATION, PALAKKAD, PALAKKAD DISTRICT-678 014. 4. THE DISTRICT EDUCATIONAL OFFICER, PALAKKAD-678 014. 5. THE MANAGER, VIM HIGH SCHOOL, PALLASSANA, PALAKKAD DISTRICT-678 505. R1 TO R4 BY GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C). NO. 31558 OF 2010 T ------------------------------------------------------ Dated this the 14th day of October, 2010 JUDGMENT The petitioner was appointed as UPSA in V.I.M.High School, Pallassana on 1.6.2005. A vacancy of H.S.A.(Malayalam) arose in the School on 31.3.2009 on retirement of one Jayaram. The Manager appointed the petitioner on promotion as H.S.A. (Malayalam) in that retirement vacancy with effect from 1.6.2009. The proposal for approval of the appointment of the petitioner as H.S.A.(Malayalam) was rejected by the District Educational Officer, as per Ext.P2 order dated 5.2.2010, relying on G.O.(P) No.160/2009/G.Edn. dated 4.8.2009 (Ext.P1). The learned counsel for the petitioner submitted that the said Government Order has no retrospective application and the petitioner was qualified for being appointed as H.S.A.(Malayalam) on the date of appointment. The Manager challenged Ext.P2 order in appeal before the Deputy Director of Education, who dismissed the appeal as per Ext.P3 order dated 11.8.2010. Challenging Ext.P3 order, the petitioner filed Ext.P4 revision and the Manager filed Ext.P5 revision before the W.P.(C) NO.31558 OF 2010 :: 2 :: Director of Public Instruction. Exts.P4 and P5 revisions are pending disposal. 2. The reliefs prayed for in the Writ Petition are the following: “(i) call for the records relating to Exhibits P2 and P3 and quash the originals of the same by the issue of a writ of certiorari or other appropriate writ or order. (ii) declare that Exhibit P1 is applicable prospectively. (iii) issue a writ of mandamus or other appropriate writ order or direction commanding the Respondents to approve the appointment of the Petitioner as High School Assistant (Malayalam) with effect from 1.6.2009. (iv) issue a writ of mandamus or other appropriate writ order or direction commanding the 2nd Respondent to effectively consider and pass appropriate orders upon Exhibits P4 and P5 after affording an opportunity of being heard to the Petitioner within a time limit. W.P.(C) NO.31558 OF 2010 :: 3 :: (v) 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 submitted that, for the time being, the petitioner would be satisfied if relief (iv) is granted, leaving open the contentions raised by the petitioner. In the facts and circumstances of the case, the Writ Petition is disposed of as follows: a) The Director of Public Instruction shall consider and dispose of Exts.P4 and P5 revisions filed by the petitioner and the Manager respectively, 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, the Manager and any other affected party. b) The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the Director of Public Instruction. W.P.(C) NO.31558 OF 2010 :: 4 :: c) The petitioner shall send a copy of the Writ Petition and a copy of the judgment to the fifth respondent Manager, by registered post and shall produce proof of the same before the Director of Public Instruction. (K.T.SANKARAN) Judge ahz/