IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 11TH MARCH 2010 / 20TH PHALGUNA 1931 WP(C).No. 5956 of 2010(T) ------------------------------------ PETITIONER: ------------------- MELVIN DAS, S/O.M.J.MARIA DAS, AGED 41 YEARS, H.S.S.T., ST.JOHN'S BAPTIST HSS, NEDUMKUNNAM, KOTTAYAM DISTRICT. BY ADVS. MR.T.S.JOHN, MR.JESTIN MATHEW. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR, HIGHER SECONDARY EDUCATION HOUSING BOARD BUILDINGS, THIRUVANANTHAPURAM. 3. DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KOTTAYAM. 4. THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION, ERNAKULAM. 5. THE MANAGER, CO-OPERATE MANAGEMENT OF SCHOOLS, ARCH-DIOCESE OF CHANGANASSERY. R1 TO R4 BY GOVT. PLEADER MR. T.T. MUHAMOOD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 5956 of 2010 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of March, 2010 J U D G M E N T The petitioner was originally appointed as a Junior Lecturer in an aided college. He was deployed as a Higher Secondary School Teacher in a Higher Secondary School belonging to the same educational agency. The Government prepared Ext.P5 list of persons who have been so eligible to be deployed. Although, the petitioner's name was forwarded by the Manager to the Government, the same was not included in Ext.P5. Petitioner has become eligible for pay revision and time bound higher grade. When the petitioner submitted option for the same, the same has been rejected on the ground that the petitioner's name has not been included in Ext.P5 list. Petitioner cannot be penalized for a mistake committed by the Government is the petitioner's contention. In the above circumstances, the W.P.(C)No. 5956 of 2010 -2- petitioner filed Ext.P6 representation before the 2nd respondent. Petitioner seeks a direction to the 2nd respondent to consider and pass orders on Ext.P6, as expeditiously as possible. I have heard the learned Government Pleader also. In the facts and circumstances of the case, I dispose of this writ petition with a direction to the 2nd respondent to consider and pass orders on Ext.P6 as expeditiously as possible, at any rate within a period of two months from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioner as well as the 5th respondent Manager of the school. S. SIRI JAGAN JUDGE shg/