IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 20TH JULY 2010 / 29TH ASHADHA 1932 WP(C).No. 19089 of 2010(I) ------------------------------------- PETITIONER(S): ----------------------- P.T. SUMITHRAN, AGED 44 YEARS, S/O. THANKAPPAN, THE MANAGER, ARAVUKAD HIGHER SECONDARY SCHOOL, PUNNAPRA, ALAPPUZHA-4. BY ADV. SRI.K.S.HARIHARAPUTHRAN, SRI.GEORGE MATHEW. RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, ALAPPUZHA. 4. THE DISTRICT EDUCATIONAL OFFICER, ALAPPUZHA. 5. SMT.SOPHIA M., SHEELA NIVAS, ASRAMAM WARD, AVALOOKUNNU P.O., ALAPPUZHA DISTRICT-8. 6. SMT.V. ASHA, H.S.A., ARAVUKAD HIGHER SECONDARY SCHOOL, PUNNAPRA P.O., ALAPPUZHA DISTRICT-8. R1 TO R4 BY GOVT. PLEADER MR.DILIP MOHAN. R5 BY SRI.N.N.SUGUNAPALAN, SENIOR ADVOCATE, ADV. SRI.S.SUJIN, SMT.NITA.N.S. R6 BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY, SMT.N.SANTHA, SRI.S.A.ANAND, SRI.PETER JOSE CHRISTO. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/07/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 19089/2010-I APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER DATED 28/05/2010 ISSUED BY 4TH RESPONDENT. EXT.P2: COPY OF THE JUDGMENT IN WP(C) NO. 14223/2010 DATED 04/05/2010. EXT.P3: COPY OF THE APPEAL NO.10104/2010 FILED BEFORE THE 3RD RESPONDENT. EXT.P3(a): COPY OF THE STAY PETITION. EXT.P4: COPY OF THE ORDER DATED 06/10/2010 OF 3RD RESPONDENT. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE rs. C.T. RAVIKUMAR, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P. (C) No. 19089 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of July, 2010 J U D G M E N T The petitioner is the Manager of Aravukad Higher Secondary School, Punnapra in Alappuzha District. This writ petition has been filed challenging Ext.P4 order passed by the 4th respondent. Evidently, Ext.P1 order passed by the 3rd respondent carrying a direction for removal of the petitioner from the office of the Manager of the School was taken up in appeal before the 3rd respondent by the petitioner. It is pending consideration of the same that the 3rd respondent has passed Ext.P4 order. The issue involved in this writ petition is pertaining to the claim of the 5th respondent for appointment to the post of HSA(Hindi). Earlier, the 6th respondent herein had approached this court by filing WPC19659/2010 and the same was disposed of by this court with a direction to the first respondent to consider the revision petition filed by the petitioner therein/6th respondent herein, with notice to the petitioner and the 5th respondent herein. It is thus obvious from the same that revision petition filed by WPC.19089/2010 : 2 : the 6th respondent herein is pending before the first respondent and at the same time Ext.P3 appeal preferred by the petitioner against the said order is now pending before the 3rd respondent. Taking note of the judgment in WPC 19659/2010, it will only be appropriate in the said circumstances, to direct consideration of Ext.P3 appeal as well by the first respondent while taking up the revision petition that was directed to be disposed of as per the judgment in WPC 19659/2010. To enable the first respondent to take a decision on Exts.P3 and P3(a), the 3rd respondent is to transmit the appeal pending before him to the first respondent. Accordingly, there will b e a direction to the 3rd respondent to transmit Exts.P3(a) along with all connected records to the first respondent within a period of two weeks from the date of receipt of a copy of this judgment. 2. On receipt of Ext.P3 appeal preferred by the petitioner, the same shall be taken up by the first respondent for disposal along with the revision petition filed by the 6th respondent and directed to be disposed of as per judgment in WPC 19659/2010. In short, both Ext.P3 appeal and the said WPC.19089/2010 : 3 : revision petition filed by the 6th respondent shall be jointly heard by the first respondent with notice to all concerned parties viz., the petitioner, Manger of Aravukad HSS and the 5th and 6th respondents. Since the matter is now directed to be considered by the first respondent, Ext.P4 cannot be sustained. In fact, even without going into the merits of Ext.P4, it is liable to be set aside on the sole ground that the direction thereunder was issued to the Headmistress of the concerned school. Accordingly, Ext.P4 is set aside. It is made clear that the time limit and other directions issued in WPC 19659/2010 for disposal of the revision petition will be applicable to this writ petition as well. This writ petition is disposed of accordingly. Sd/- (C.T. RAVIKUMAR, JUDGE) jma //true copy// P.A to Judge