IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 11TH OCTOBER 2010 / 19TH ASWINA 1932 WP(C).No. 29637 of 2010(D) -------------------------- PETITIONER(S): --------------- SHAJI P.KURUVILA, S/O.KURUVILA JAMES, POORAKULAM HOUSE, MALLOOSSERY P.O., KOTTAYAM (PEON, CMS HIGH SCHOOL, OLASSA). BY ADV. SRI.S.SUBHASH CHAND SRI.T.NIKLAVU RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR (EDUCATION), OFFICE OF THE DEPUTY DIRECTOR (EDUCATION), KOTTAYAM. 4. THE DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, KOTTAYAM. 5. THE CORPORATE MANAGER, CMS SCHOOL, CSI DIOCESAN OFFICE, CATHEDRAL ROAD, KOTTAYAM. GOVT. PLEADER SMT.NISHA BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No.29637 of 2010 ================== Dated this the 11th day of October, 2010 J U D G M E N T The petitioner challenges Ext.P16 order of the Deputy Director of Education, Kottayam, whereby, the petitioner's promotion as a Peon from the post of Full Time Menial has been refused to be approved on the ground that since the school being an uneconomic school, the vacancies should be filled up by appointing protected staff. I am not inclined to entertain the challenge against Ext.P16 order since the petitioner has an effective alternate remedy by way of revision either before the Director of Public Instruction or before the Government. But the learned counsel for the petitioner submits that the petitioner is not being paid salary even in the post of Full Time Menial, which appointment is an approved appointment. On this question, I have heard the learned Government Pleader also. The Government Pleader could not satisfy me that the petitioner can be denied salary in the post of Full Time Menial. In the above circumstances, this writ petition is disposed of with the following directions: The petitioner may file a revision petition against Ext.P16 either before DPI or before the Government appropriately. In the meanwhile, until the question of approval of the petitioner's promotion as a Peon is finally settled, the petitioner shall continue to be paid salary in the post of Full Time Menial. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge w.p.c.29637/10 2