IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 2ND APRIL 2009 / 12TH CHAITHRA 1931 WP(C).No. 10867 of 2009(C) ----------------------------------------- PETITIONER(S): -------------------------- SAJAN VARGHESE, S/O.V.B. GEORGE, AGED 38 YEARS, F.T. MENIAL, C.M.S HIGHER SECONDARY SCHOOL, MALLAPPALLY, PATHANAMTHITTA DISTRICT. BY ADVS. MR.V.A.MUHAMMED, MR.K.E.HAMZA. RESPONDENT(S): -------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, THIRUVANANTHAPURAM - 14. 3. THE DISTRICT EDUCATIONAL OFFICER, THIRUVALLA, PATHANAMTHITTA DISTRICT. 4. THE CORPORATE MANAGER, C.M.S. SCHOOLS, KOTTAYAM. 5. THE PRINCIPAL, C.M.S HIGHER SECONDARY SCHOOL, MALLAPPALLY, PATHANAMTHITTA DISTRICT. BY SR. GOVERNMENT PLEADER MR. A.J. VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/04/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.N.Ravindran, J. ================== W.P.(C) No.10867 of 2009 ===================== Dated this the 2nd day of April, 2009. JUDGMENT Heard Sri. V.A.Muhammed, the learned counsel appearing for the petitioner and Sri. A.J.Varghese, the learned Government Pleader appearing for respondents 1 to 3. In the nature of the order that I propose to pass, it is not necessary to issue notice to or hear respondents 4 and 5. 2. The petitioner was initially appointed as Part-time Menial in a school managed by the fourth respondent as per Ext.P1 order dated 3.3.2003. That appointment was approved. Later, he was promoted as Full-time Menial by Ext.P2 order dated 1.8.2003. That appointment was not approved. The petitioner thereupon moved this Court on two occasions. Ultimately by Ext.P7 order passed on 10.2.2009, the District Educational Officer, Thiruvalla declined to approve the petitioner's appointment as Full-time Menial with effect from 1.8.2003. He has thereupon moved the Director of Public Instruction by filing Ext.P8 revision petition under Rule 8A of Chapter XIV A of the Kerala Education Rules. The petitioner submits that the appointments of persons appointed as Full-time Menial after he was appointed, have been approved and that the details regarding such appointments and approval have been set out in Ext.P8. The learned counsel for the petitioner WP(C) 10867/09 -: 2 :- submits that as the petitioner was appointed as Full-time Menial on 1.8.2003 and nearly six years have passed thereafter, the Director of Public Instruction may be directed to consider Ext.P8 revision petition and pass orders thereon expeditiously. 3. The pleadings disclose that the petitioner was promoted as Full- time Menial on 1.8.2003 and that he was compelled to move this Court on two occasions. Six years have passed thereafter. Rule 8A of the Kerala Education Rules empowers the Director of Public Instruction to revise orders relating to approval of appointment. The pleadings also disclose that the petitioner is continuing in service as Full-time Menial without salary for want of approval. Such being the situation, I dispose of this Writ Petition with a direction to the Director of Public Instruction to consider Ext.P8 revision petition and pass orders thereon after notice to and affording the petitioner and the fourth respondent a reasonable opportunity of being heard. It will be open to the Director of Public Instruction, if he feels necessary to hear other persons appointed after the petitioner was promoted as Full-time Menial before passing orders in the matter. Final orders in the matter shall be passed within three months from the date on which the petitioner produces a certified copy of this judgment. P.N.Ravindran, Judge. ess