IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 3RD MARCH 2011 / 12TH PHALGUNA 1932 WP(C).No. 1086 of 2011(I) -------------------------------- PETITIONER(S): ------------------- S.V.ANIL, S/O. SUKUMARAN, KALYANI NIKETHAN, NETTATHANNI, MULLOOR P.O., THIRUVANANTHAPURAM. (PEON, DEVASWOM BOARD HIGHER SECONDARY SCHOOL, PARUMALA). BY ADV. SRI.S.SUBHASH CHAND RESPONDENT(S): --------------------- 1. THE DEPUTY DIRECTOR (EDUCATION), OFFICE OF THE DEPUTY DIRECTOR (EDUCATION), PATHANAMTHITTA AT THIRUVALLA, PIN-689 101. 2. THE DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, THIRUVALLA, PIN-689 101. 3. THE CORPORATE MANAGER, TRAVANCORE DEVASWOM BOARD, DEVASWOM BUILDINGS, NANDHANCODE, THIRUVANANTHAPURAM, PIN-695 001. 4. THE DIRECTOR OF PUBLIC INSTRUCTION, OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM, PIN-695 001. 5. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001. R3 BY ADV. SRI.K.N.VENUGOPALA PANICKER, SC, TDB R1, 2, 4, 5 BY GOVT.PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.1086 OF 2011 --------------------------------------- Dated this the 3rd day of March, 2011. J U D G M E N T The petitioner is presently working as Peon in the Devaswom Board Higher Secondary School, Parumala. The challenge is against Exhibit P8 order whereby the Deputy Director of Education rejected the appeal filed from the order passed by the District Educational Officer refusing to approve the appointment on the ground that the approved seniority list is not available. Exhibit P4 is the order passed by the District Educational Officer. It is submitted that the petitioner entered his service as a Full Time Menial and was promoted as Peon from the said post. 2. Heard parties. Learned counsel for the petitioner submitted that the absence of seniority list need not deter the authorities from approving the appointment. The Manager has already submitted a declaration as per Exhibit P15. It is, however, pointed out that the finalisation of the seniority list may W.P.(C) No.1086/2011 2 take more time and the petitioner need not be denied the benefit only on account of this. 3. The petitioner relies upon the judgment of this Court in Exhibit P14 where a same issue was considered in a similar writ petition namely, W.P.(C) No.31643/2010. Therein, the learned Judge was pleased to direct consideration of the provisional seniority list and the declaration by the Manager for approving the appointment. The provisional seniority list has been produced as Exhibit P17 along with I.A.No.1435/2011. 4. When the matter came up for hearing on the last occasion, the learned Government Pleader submitted that Exhibit P14 judgment has been taken up in appeal and accordingly, the writ petition was adjourned to await the decision in the Writ Appeal. Today, it is submitted that the Writ Appeal has been disposed of upholding the directions in Exhibit P14 judgment. Therefore, the same method can be adopted herein also. In that view of the matter, Exhibits P4 and P8 orders are quashed. There will be a direction to the District Educational W.P.(C) No.1086/2011 3 Officer namely, 2nd respondent to pass orders on the proposal for approval, if the same is otherwise in order by accepting the declaration submitted by the Manager. Appropriate orders will be passed within a period of one month 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