IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 4TH JUNE 2008 / 14TH JYAISHTA 1930 WP(C).No. 14063 of 2008(Y) --------------------------------------- PETITIONER: ----------------- SR.ALIAMMA A.J. CLERK, ST.LITTLE TERESAS GIRLS HIGHER SECONDARY SCHOOL, VAIKOM. BY ADV. SRI.PAULSON THOMAS RESPONDENTS: --------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 2. THE DEO, KADUTHURUTHY , KOTTAYAM. 3. MANAGER, ST. LITTLE TERESAS GIRLS HIGHER SECONDARY SCHOOL, VAIKOM. 4. TOMY KURIAN, PEON ST. LITTLE TERESAS GIRLS HIGHER SECONDARY SCHOOL, VAIKOM. BY GOVERNMENT PLEADER SHRI A.J. VARGHESE BY ADV. SRI.K.R.KURUP FOR R4 SRI.C.R.SYAMKUMAR FOR R4 SRI.BENOY THOMAS FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C) NO. 14063 OF 2008 ---------------------------------------- APPENDIX --------------- PETITIONER'S EXHIBITS: ---------------------------------- EXHIBIT P1 TRUE COPY OF THE APPROVAL ORDER OF THE PETITIONER DATED 11.1.2007. EXHIBIT P2 TRUE COPY OF THE ORDER DATED 19.7.2006 ISSUED BY THE DEO. EXHIBIT P3 TRUE COPY OF THE ORDER OF THE DD DATED 18.12.2006. EXHIBIT P4 TRUE COPY OF THE ORDER OF THE DPI DATED 18.4.2007. EXHIBIT P5 TRUE COPY OF THE INTERIM ORDER DATED 3.8.2007 IN W.P(C) NO.14952/2007. EXHIBIT P6 TRUE COPY OF THE JUDGMENT IN W.P(C) NO.14952 OF 2007 DATED 26.3.2008. EXHIBIT P7 TRUE COPY OF THE REVISION PETITION DATED 12.4.2008. EXHIBIT P8 TRUE COPY OF THE PROCEEDINGS OF THE SECOND RESPONDENT DATED 29.4.2008. RESPONDENTS' EXHIBITS: NIL ------------------------------------- K.T. SANKARAN,J.. -------------------------------------- W.P.(C) No.14063 of 2008 Y -------------------------------------- Dated this the 4th day of June, 2008. J U D G M E N T The petitioner was appointed as a Clerk in St. Little Teresas Girls High School by the Manager. The fourth respondent claims that he is entitled to preferential right of appointment in this post. The District Educational Officer, Kaduthuruthy, passed Ext.P2 order dated 19.7.2006 rejecting the approval of the appointment of the petitioner. The Manager filed appeal before the Deputy Director of Education who allowed the appeal as per Ext.P3 order dated 18.12.2006. Challenging Ext.P3 order of the Deputy Director of Education, the fourth respondent filed appeal before the Director of Public Instruction which was disposed of as per Ext.P4 order dated 18.4.2007. The Director of Public Instruction held that the fourth respondent is entitled to be promoted as Clerk in the retirement vacancy. The petitioner has filed Ext.P7 revision before the Government challenging Ext.P4 order passed by the Director of Public Instruction. Ext.P7 revision is pending disposal. 2. The prayer in the Writ Petition is for a direction to the first respondent to dispose of Ext.P7 revision within a time limit and for a further direction for continuance of payment of salary pending disposal of Ext.P7 revision by the Government. There can be no dispute that Ext.P7 revision is WP(C) No.14063/2008 2 liable to be disposed of. The counsel for the fourth respondent and the learned Government Pleader have no objection for a direction being issued to the first respondent to dispose of Ext.P7 revision within a period of three months. Accordingly, the Writ Petition is disposed of directing the first respondent to dispose of Ext.P7 revision as expeditiously as possible and at any rate within a period of two months, after affording an opportunity of being heard to the petitioner, the fourth respondent and the Manager of the school. The prayer for payment of salary during the pendency of Ext.P7 revision is declined. However, the petitioner would be free to move the Government for appropriate interim orders. K.T. SANKARAN, JUDGE. cks