IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 22ND SEPTEMBER 2011 / 31ST BHADRA 1933 WP(C).No. 25129 of 2011(M) -------------------------------- PETITIONER: -------------- T.S.SIMCY, W/O.JASAN, AGED 28 YEARS, UPPER PRIMARY SCHOOL ASSISTANT, A.U.P.SCHOOL, PARAKKAD, P.O.ARIMPUR, THRISSUR-680 620. BY ADVS. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENTS: ------------------ 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001. 2. THE ASSISTANT EDUCATIONAL OFFICER, THRISSUR WEST, P.O.PULLAZHI- 680 012. 3. THE MANAGER, A.U.P.SCHOOL, PARAKKAD, P.O.ARIMPUR, THRISSUR DISTRICT, PIN - 680 620. BY SRI.V. VIJULAL, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.25129/2011 A P P E N D I X PETITIONER'S EXHIBITS: EXHIBIT-P1. TRUE COPY OF THE ORDER OF APPOINTMENT OF THE PETITIONER DTD. 22.10.2003. EXHIBIT-P2. TRUE COPY OF THE ORDER OF APPOINTMENT OF THE PETITIONER DTD. 02.06.2008. EXHIBIT-P3. TRUE COPY OF THE STAFF FIXATION ORDER 2008-2009 DTD. 30.08.2008. EXHIBIT-P4. TRUE COPY OF THE JUDGMENT IN W.P.(C)NO.31346 OF 2009-K DTD.16.03.2011. EXHIBIT-P5. TRUE COPY OF THE STATEMENT SHOWING THE RULE 51-A CLAIMANT DTD. 02.06.2008. EXHIBIT-P6. TRUE COPY OF THE ORDER NO.C-1955/2008 OF THE 2ND RESPONDENT DTD. 02.01.2009. EXHIBIT-P7. TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.33882 OF 2008 DTD.18.11.2008. EXHIBIT-P8. TRUE COPY OF THE ORDER NO.C-1310/11/L.DIS.OF THE 2ND RESPONDENT DTD. 10.08.2011. EXHIBIT-P9. TRUE COPY OF THE G.O.(RT.) NO.622/11/G.EDN.OF THE GOVERNMENT DTD.14.02.2011. EXHIBIT-P10. TRUE COPY OF THE REVISION PETITION FILED BEFORE THE GOVERNMENT DTD. 12.8.2011. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.25129 OF 2011 --------------------------------------- Dated this the 22nd day of September, 2011. J U D G M E N T In this writ petition, the petitioner seeks for a direction to the Government to consider and pass orders on Ext.P10 revision petition filed under Rule 92 of Chapter XIV-A of Kerala Education Rules. 2. The petitioner was initially appointed as Upper Primary School Assistant in the school in a short term vacancy in 2003 and by Ext.P1 order the said appointment was approved. The re-appointment was from 02.06.2008 in an additional division vacancy as per Ext.P2 order. The approval was declined in the light of the order banning appointments. The matter was pending before this Court in W.P.(C) No.31346/2009 and in the meanwhile, the Government lifted the ban as per G.O.(P)No.10/2010/G.Edn. dated 12.01.2010 and the writ petition was thereafter disposed of. It is pointed out that there were two claimants under Rule 51A of Chapter XIV-A Kerala W.P.(C) No.25129/2011 2 Education Rules and serial No.1 in Ext.P5 has been granted approval by the Assistant Educational Officer as per Ext.P6, in the light of Ext.P7 judgment. But, the approval of the petitioner has been declined as per Ext.P8 order which, according to the petitioner, is contrary to Ext.P9 Government Order. It is upto the Government to take a decision on Ext.P10 revision petition in accordance with the Rules. There will be a direction to the Government to take a decision on Ext.P10 revision petition, after hearing the petitioner and the Manager, within a period of five months from the date of receipt of a copy of this judgment. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp