IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 2ND JUNE 2009 / 12TH JYAISHTA 1931 WP(C).No. 15148 of 2009(K) -------------------------- PETITIONER(S): --------------- SIMI JOSE, W/O. SHAJI V. JOSE, AGED 29 YEARS, UPPER PRIMARY SCHOOL ASSISTANT HIGH SCHOOL, THIRUVALAYANNUR, CHAVAKKAD EDUCATIONAL DISTRICT, THRISSUR. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, INSTRUCTION JAGATHY, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, AYYANTHOLE, THRISSUR DIST. 4. THE DISTRICT EDUCATIONAL OFFICER, CHAVAKKAD, THRISSUR DIST. 5. THE MANAGER, HIGH SCHOOL, THIRUVAKAYANUR, CHAVAKKAD EDUCATIONA, DISTRICT, THRISSUR. SENIOR GOVERNMENT PLEADER, SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.15148/2009-K ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 2nd day of June, 2009 J U D G M E N T The petitioner herein was appointed in the High School, Thiruvalayannur as an Upper Primary School Assistant against the promotion vacancy of Smt.P.Ambika Devi as per Ext.P1 order. The approval was rejected by Ext.P2 for various reasons. Even though the Manager had applied for condonation of delay in submitting the proposal, that was also rejected by Ext.P3. Ext.P5 is the order passed by the Director of Public Instructions in the appeal filed by the Manager. It is pointed out in the writ petition that as per Ext.P6, the transfer of Management has been approved by the Director and by Ext.P7 the appointment of Smt.P.Ambika Devi as High School Assistant (English) has also been approved and there is no legal impediment in approving the appointment of the petitioner. The petitioner has filed Ext.P8 revision petition before the Government. The learned counsel for the petitioner submitted that in view of the urgency in the matter, there may be a direction to the Government to dispose of Ext.P8 within a time frame. It is pointed out that the petitioner is continuing without any salary also. W.P.(C). No.15148/2009 -:2:- 2. In the light of the above circumstances, there will be a direction to the first respondent to take a decision on Ext.P8 after hearing the petitioner and the fifth respondent within a period of three months from the date of receipt of the copy of this judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms