IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 3RD AUGUST 2011 / 12TH SRAVANA 1933 WP(C).No. 21076 of 2011(H) -------------------------- PETITIONER(S): --------------- NEHARBAN P., UPSA (OUT OF EMPLOYMENT FROM IGMVHSS, MANJAKKALA, PATHANAPURAM TALUK, KOLLAM DISTRICT), RESIDING AT VALUTHUNDIL VEEDU, PULIMUKKU, KUNNIKODE (PO), KOLLAM DISTRICT. BY ADV. SRI.M.V.THAMBAN SRI.R.REJI SMT.THARA THAMBAN PRI.B.BIPIN SMT.REVATHY P.NAIR RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO THE GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695001. 3. THE DISTRICT EDUCATIONAL OFFICER, KOTTARAKKARA- 691506. 4. THE MANAGER, IGM VOCATION HIGHER SECONDARY SCHOOL, MANJAKKALA, PATHARAPPURAM TALUK, KOLLAM DISTRICT-691508. GOVERNMENT PLEADER, SHRI V.VIJULAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 21076 of 2011 APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE COPY OF THE REQUEST OF THE PETITIONER DATED 31/03/2011 BEFORE THE MANAGER EXT.P2 TRUE COPY OF THE ORDER NO.IGMVHSS/06/11-12 DT.6/7/2011 EXT.P3 TRUE COPY OF THE NO OBJECTION CERTIFICATE BY THE SENIOR TEACHER SMT.T.N.SANDHYA, (PRESENTLY OUT OF EMPLOYMENT) DT.1.4.2011 EXT.P4 TRUE COPY OF THE REVISION PETITION BEFORE THE GOVERNMENT UNDER RULE 92 CHAPTER XIV A KER DT.18/7/2011 RESPONDENTS' EXTS: NIL \\TRUE COPY// P.A TO JUDGE T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.21076/2011-H ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 3rd day of August, 2011 J U D G M E N T The petitioner who was working as an Upper Primary Schoo1 Assistant in the schoo1 managed by the fourth respondent is aggrieved by the communication issued by the Manager as evidenced by Ext.P2 rejecting the claim for appointment in the post of Full Time Menial. The view taken by the Manager therein is that the senior claimant who was working as Teacher, namely, Smt.Rajini was directed to join duty as Full Time Menial and she gave a reply that her claim is only against the post of Teacher. Therefore, according to the Manager, the petitioner is also entitled only for appointment against the teaching post. Challenging the same, the petitioner has approached the Government by filing Ext.P4 styled as a revision petition under Rule 92 of Chapter XIV A Kerala Education Rules. 2. Heard the learned counsel for the petitioner and the learned Government Pleader. W.P.(C). No.21076/2011 -:2:- 3. The learned counsel for the petitioner submitted that since it requires an interpretation of the Rule, viz. Rule 51A of Chapter XIV A K.E.R, it is only proper that the Government takes a decision in the matter. 4. I am not expressing anything on the merits of the matter. It is upto the Government to take a decision in accordance with law after hearing the parties. Therefore, there will be a direction to the Government to take a decision on Ext.P4 after hearing the petitioner, the Manager and any other affected parties in accordance with the relevant Rules of Chapter XIV A K.E.R, within a period of five months from the date of receipt of a copy of this Judgment. The writ petition is disposed of as above. No costs. The petitioner will forward a copy of the writ petition along with a certified copy of the Judgment to the first respondent for compliance. The petitioner will also communicate a copy of this Judgment to the Manager of the schoo1. Sd/- (T.R. Ramachandran Nair, Judge.) ms