IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 21ST JANUARY 2009 / 1ST MAGHA 1930 WP(C).No. 2288 of 2009(V) PETITIONERS: 1. P.K.LATHIEF, AGED 36 YEARS, PEON, M.E.S.HIGHER SECONDARY SCHOOL, SREENARAYANAPURAM, P.VEMBALLUR, KODUNGALLUR, THRISSUR DISTRICT 2. A.A.MOHAMMED RIYAS, PEON, M.E.S.HIGHER SECONDARY SCHOOL, SREENARAYANAPURAM, P.VEMBALLUR, KODUNGALLUR, THRISSUR DISTRICT BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENTS: 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, TRIVANDRUM-14. 3. THE DEPUTY DIRECTOR OF EDUCATION AYYANTHOLE, THRISSUR DISTRICT. 4. THE DISTRICT EDUCATIONAL OFFICER, IRINJALAKUDA, THRISSUR DISTRICT. 5. THE CORPORATE MANAGER, MUSLIM EDUCATIONAL SOCIETY, KOZHIKODE 673 001. GOVERNMENT PLEADER SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C) NO. 2288 OF 2009 V ------------------------------------------------------ Dated this the 21st January, 2009 JUDGMENT It is stated in the Writ Petition that the first petitioner was appointed as Peon in M.E.S.Higher Secondary School, Sreenarayanapuram with effect from 30.9.2005 and the second petitioner was appointed as Peon from 1.10.2005 onwards. The proposals for approval of their appointments were rejected by the District Educational Officer, which was confirmed in appeal by the Deputy Director of Education and further confirmed in Second Appeal by the Director of Public Instruction. Exts.P1 and P2 are the orders passed by the Director of Public Instruction. Challenging Exts.P1 and P2, the petitioners have filed Exts.P3 and P4 Revision Petitions before the Government. Exts.P3 and P4 are pending disposal. The petitioners rely on Exts.P11 to P17 orders of the educational authorities as well as the Government in support of their contentions. The petitioners also rely on Exts.P20 judgment, which according to the petitioners, was rendered in similar circumstances in respect of an appointment in the same school in which the petitioners are appointed. 2. The reliefs prayed for in the Writ Petition are the following: “(i) call for the records relating to Exhibits P1 and P2 and quash the originals of the same by the issue of a writ of certiorari or other appropriate writ or order; W.P.(C) NO.2288 OF 2009 :: 2 :: (ii) issue a writ of mandamus or other appropriate writ order or direction commanding the 4th Respondent District Educational Officer, Irinjalakuda to approve the appointments of the Petitioners as Peons from 30.9.2005 and 1.10.2005 onwards and disburse the salary and allowances from the date of their appointments forthwith; (iii) issue an interim direction commanding the 1st Respondent to effectively consider and pass appropriate orders upon Exhibit P3 and P4 after affording an opportunity of being heard to the Petitioners within a time limit taking into account Exhibits P11 to P18 orders and Exhibits P19 and P20 Judgments; (iv) pass such other order or direction which this Hon'ble Court may deem fit and proper to grant in the circumstances of the case.” 3. Learned counsel for the petitioners submits that, for the time being, the petitioners would be satisfied if Exts.P3 and P4 Revision Petitions are disposed of by the Government expeditiously. Learned Government Pleader submitted that the Government would dispose of Exts.P3 and P4 Revisions at the earliest. In the facts and circumstances of the case, the Writ Petition is disposed of as follows: a) The first respondent shall consider and dispose of Exts.P3 and P4 Revision Petitions filed by the petitioners, as expeditiously as W.P.(C) NO.2288 OF 2009 :: 3 :: possible and, at any rate, within a period of three months from the date of receipt of a copy of the judgment, after affording an opportunity of being heard to the petitioners, the fifth respondent and any other affected party. b) The petitioners shall produce a copy of the Writ Petition and certified copy of the judgment before the first respondent. c) The petitioners shall send a copy of the Writ Petition and a true copy of the judgment to the fifth respondent by registered post and shall produce proof of the same before the first respondent. d) The petitioners would be entitled to rely on Exts.P11 to P17 and P20 before the first respondent. It is made clear that I have not expressed any opinion on the merits of the case. (K.T.SANKARAN) Judge ahz/