IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 26TH NOVEMBER 2008 / 5TH AGRAHAYANA 1930 WP(C).No. 34927 of 2008(G) -------------------------- PETITIONER(S): ------------------ MANOJ KUMAR.A.K. 39 YEARS, S/O.A.K.KUMARAN HIGH SCHOOL ASSISTANT (MATHS), KT.M.HIGH SCHOOL, MANNARKKAD, PALAKKAD. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): -------------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. DIRECTOR OF PUBLIC INSTRUTION JAGATHY TRIVANDRUM-14. 3. DEPUTY DIRECTOR OF EDUCATION PALAKKAD. 4. DISTRICT EDUCATIONAL OFFICER PALAKKAD. 5. HEADMASTER, K.T.M.HIGH SCHOOL MANNARKAD, PALAKKAD. GOVT.PLEADER SRI.T.T.MOHAMOOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ============== W.P.(C) NO. 34927 OF 2008 (G) ==================== Dated this the 26th day of November, 2008 J U D G M E N T Petitioner is an HSA(Maths) in the school of which the 5th respondent is the Headmaster. By Ext.P3, petitioner was ordered to be deployed. Against that order, Ext.P4 appeal has been filed by the petitioner before the 2nd respondent and the appeal is pending. In the meanwhile, consequent on the retirement of 3 teachers, petitioner submits that there are vacancies, in which he is liable to be accommodated to the parent school itself. Petitioner submits that this position is confirmed by the Headmaster in Ext.P5 addressed to the Deputy Director of Education. 2. Irrespective of the correctness or otherwise of Ext.P5, in my view, now that Ext.P4 appeal filed by the petitioner against Ext.P3 order of deployment is pending before the 2nd respondent, it is only appropriate that the 2nd respondent considers the appeal with notice to the petitioner and the 5th respondent on an expeditious basis. It will also be necessary for the 2nd respondent to take into account Ext.P5 communication issued by the Headmaster, suggesting availability of vacancies in the school, while orders are passed on Ext.P4 appeal. This the 2nd respondent shall do, as WPC No.34927/08 :2 : expeditiously as possible, at any rate within 6 weeks of production of a copy of this judgment. 3. In the meanwhile, it is directed that the petitioner will be retained in the school if the vacancies as mentioned in Ext.P5 are available. However, his further continuance will depend upon the outcome of Ext.P4 appeal. Petitioner shall produce a copy of this judgment before the 2nd respondent for compliance. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp