IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 30TH SEPTEMBER 2011 / 8TH ASWINA 1933 WP(C).No. 26090 of 2011(I) -------------------------- PETITIONER: ------------------- THE MANAGER, M.V. HIGHER SECONDARY SCHOOL, ARUMANOOR, POORAR P.O.- 695 525. BY ADV. SRI.M.V.BOSE SRI.VINOD MADHAVAN RESPONDENT(S): ------------------------ 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM-695 001. BY GOVT.PLEADER SHRI V.VIJULAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.26090/11 PETITIONER(S) EXHIBITS EXT.P1: TRUE COPY OF THE G.O.(MS) NO.79/2003 DATED 28.3.2003. EXT.P2: TRUE COPY OF ORDER DATED 01.12.2004. EXT.P3: TRUE COPYO OF THE LETTER DATED 3.12.2004. EXT.P4: TRUE COPY OF THE ORDER OF THE DIRECTOR DATED 23.3.2009. EXT.P5: TRUE COPY OF THE REPRESENTATION DATED 18.3.2011. EXT.P6: TRUE COPY OF THE REMINDER DATED 12.5.2011. EXT.P7: TRUE COPY OF THE ORDER DATED 23.8.2011 RESPONDENTS' EXHIBITS :NIL TRUE COPY P.A.TO JUDGE dsn T.R.RAMACHANDRAN NAIR, J. -------------------------------------------------- W.P.(C)No.26090 of 2011 -------------------------------------------------- DATED THIS THE 30th DAY OF SEPTEMBER, 2011 J U D G M E N T The petitioner herein is the Manager of a Higher Secondary School. The petitioner seeks for a direction to the Government to take a decision on Exhibit P5, which is filed by the petitioner challenging Exhibit P4 communication issued by the Director of Higher Secondary Education. 2. The case of the petitioner is that by Exhibit P1 Government Order, sanction was accorded for grant of two posts of Lab Assistants in aided Higher Secondary Schools and one Shri V.Radhakrishnan, Peon of the High School Section was appointed as Laboratory Assistant as per Exhibit P2 order. It is pointed out in the Writ Petition that the petitioner has approached the Government in the light of the judgment in W.P. (C)No.34049/2006 which stands confirmed in Writ Appeal No.2262/2009. It is submitted that copies of the judgments have been forwarded to the Government. Exhibit P5 is the representation filed by the petitioner . The petitioner has already W.P.(C)No.26090/11 -2- filed a reminder also as per Exhibit P6. 3. There will be a direction to the Government to take a decision on Exhibit P5 representation after hearing the petitioner within a period of five months from the date of receipt of a copy of this judgment. The petitioner will forward a copy of the Writ Petition along with a certified copy of this judgment to the 2nd respondent-District Educational Officer for compliance. The Writ Petition is disposed of as above. Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn “ The words “2nd respondent- District Educational Officer” occurring in the last sentence of the 3rd paragraph of the judgment dated 30.9.2011 in W.P.(C)No.26090/2011 are corrected and substituted as “1st respondent-Government.” as per order dated 24.10.2011 in I.A.No.16599/11 in W.P.(C) No.26090/2011. Sd/- (Registrar Judicial)