IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 21ST OCTOBER 2009 / 29TH ASWINA 1931 WP(C).No. 29266 of 2009(C) -------------------------- PETITIONER(S): --------------- V.K.SHIBU, S/O.K.KUNCHANDI, FULL TIME MENIAL, ST.GEORGE ASHRAM H.S., CHAYALODU (MANGADU), CHAYALODU P.O., ADOOR, PATHANAMTHITTA DISTRICT. BY ADV. SRI.M.V.THAMBAN SRI.R.REJI RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT EDUCATION OFFICER, PATHANAMTHITTA. 3. THE DEPUTY DIRECTOR (EDUCATION) PATHANAMTHITTA EDUCATIONAL DISTRICT AT THIRUVALLA. 4. THE DIRECTOR OF PUBLIC INSTRUCTIONS THIRUVANANTHAPURAM 5. THE MANAGER, MMC CO-OPERATIVE MANAGEMENT SCHOOL, PULAMON, KOTTARAKKARA. 6. SRI.BIJU, FULL TIME MENIAL, MAM HIGH SCHOOL, CHEMAMANAD, KOLLAM DISTRICT. 7. SMT.ASHA, PART-TIME CONTIGENT MENIAL, ST.GEORGE TTI, CHOWALLOOR, KOLLAM DISTRICT. SENIOR GOVERNMENT PLEADER, SHRI MUHAMOOD T.T THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.29266/2009-C ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 21st day of October, 2009 J U D G M E N T The petitioner herein is presently working as Full Time Menial in St.George Ashram High School, Chayalodu, managed by the fifth respondent. He was appointed as such on 01/03/2008. The approval of the same was declined by Ext.P2 which was challenged by the Manager before the Deputy Director of Education. The appeal was also dismissed as per Ext.P3. Even though the Manager filed a further appeal, the same was rejected by the Director of Public Instruction as per Ext.P5 order. The petitioner has filed a revision petition against Ext.P5 before the Government as per Ext.P12. The main contention raised by the petitioner is that going by the Circulars issued by the Director of Public Instructions as well as the Government, it is evident that there is no restriction for filling up vacancies of non-teaching staffs in uneconomic schools. It is the matter for the Government to decide while hearing the revision petition. 2. The learned Government Pleader on instructions submits that Ext.P12 is pending before the Government. W.P.(C). No.29266/2009 -:2:- 3. There will be a direction to the first respondent to consider Ext.P12 and take appropriate decision after hearing the petitioner and the Manager within a period of three months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms