IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 23RD JUNE 2009 / 2ND ASHADHA 1931 WP(C).No. 6278 of 2009(D) --------------------------------------- PETITIONER(S): ------------------------ SUJITH, KUNHIPPARAMBATH, KUNHIPPARAMBATH HOUSE, PATHIYARKARA P.O., VADAKARA, KOZHIKODE DIST. BY ADV. MR.R.K.MURALEEDHARAN RESPONDENT(S): -------------------------- 1. V.K. MEENAKSHY AMMA, VADAKKEKARA HOUSE, MANAGER, EVUP SCHOOL, P.O. KOTENCHERY, PURAMERI VIA, VADAKARA, KOZHIKODE DISTRICT. 2. THE ASSISTANT EDUCATIONAL OFFICER, NADAPURAM, KOZHIKODE DIST. BY ADVS.MR.C.VALSALAN FOR R1 MR.K.RAKESH ROSHAN FOR R1 SMT.THUSHARA.V FOR R1 BY GOVT. PLEADER SMT.T.B.RAMANI FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.6278/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE APPOINTMENT ORDER DT. 13.6.02 IN FORM 27 AND THE PROCEEDINGS APPROVING THE APPOINTMENT DT. 28.5.03. P2:- COPY OF THE LETTER ISSUED BY THE MANAGER DT. 1.12.08. P3:- COPY OF THE ORDER DT. 25.1.09 WITH COPY TO THE PETITIONER. P4:- COPY OF THE COMMUNICATION FROM IST RESPONDENT DT. 1.2.09. P5:- COPY OF THE REPLY RECEIVED UNDER THE RIGHT TO INFORMATION ACT FROM THE HEADMASTER DT. 12.2.09. RESPONDENT'S EXHIBITS R1(1):- COPY OF THE AGREEMENT DT. 23.11.08. TRUE COPY P.S. TO JUDGE TSS T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 6278 of 2009-D - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of June, 2009. JUDGMENT This writ petition has been filed seeking for an appropriate direction to the Manager to issue appointment order in Form 27 appointing the petitioner as Peon in EVUP School, Kotenchery with effect from 1.12.2008 and forward the same as required under Rule 8 of Chapter XIV-A K.E.R. to the second respondent and further directing the second respondent to approve the appointment within a time limit. 2. The petitioner is really aggrieved by the reply given by the Manager as per Ext.P4, whereby the Manager expressed some difficulty in the light of the proposed transfer of the school to some other educational agency. 3. Presently, going by the counter affidavit filed by the Manager, there cannot be any difficulty as far as the petitioner's claim for appointment with effect from 1.12.2008 is concerned. Going by the counter affidavit, the Manager has agreed that he will forward the appointment order along with the proposal to appoint the petitioner with effect from 1.12.2008 as a Peon. The same shall be done within a period of two weeks from today. The wpc 6278/2009 2 second respondent shall thereafter process the same and take action to approve the appointment of the petitioner. 4. This court had passed an interim order on 26.3.2009 directing the first respondent not to appoint any person as UPSA, if a vacancy arises in the academic year 2009-2010. Learned counsel for the petitioner submits that the petitioner may have a rightful claim for appointment as UPSA also. The concerned person who was appointed as UPSA is not in the party array. Therefore, this court is not expressing anything on the merits of the said claim. The petitioner will be free to agitate the said claim, if he is so advised, before the appropriate authorities. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/