IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 11TH DECEMBER 2008 / 20TH AGRAHAYANA 1930 WP(C).No. 36479 of 2008(P) -------------------------- PETITIONER(S): --------------- T.VIJI WILLIAMS, W/O.C.C.YELDHO MATHOOSE AGED 22 YEARS, LOWER PRIMARY SCHOOL ASSISTANT, S.C.U.P.SCHOOL, CHALISSERY, THRITHALA EDUCATIONAL SUB DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): --------------- 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE ASSISTANT EDUCATIONAL OFFICER, KUNNAMKULAM, THRISSUR DISTRICT. 3. THE ASSISTANT EDUCATIONAL OFFICER, THRITHALA, PALAKKAD DISTRICT. 4. THE CORPORATE MANAGER, MALABAR INDEPENDENT SYRIAN CHURCH EDUCATIONAL SOCIETY, THOZHIYUR, THRISSUR 680 520. 5. THE HEADMASTER, S.C.U.P.SCHOOL, CHALISSERY THRITHALA EDUCATIONAL SUB DISTRICT, PALAKKAD DISTRICT. 6. THE DIRECTOR OF PUBLIC INSTRUCTION JAGATHY, TRIVANDRUM-14. 7. THE DEPUTY DIRECTOR OF EDUCATION, PALAKKAD DISTRICT. BY GOVT. PLEADER SRI. A.J. VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J ----------------------------------------------------------- W.P.(C).No.36479/2008 ----------------------------------------------------------- Dated this the 11th day of December, 2008 JUDGMENT By Ext.P1 order, the 4th respondent appointed the petitioner as LPSA, with effect from 1.6.2007. Subsequently, by Ext.P2 order, with effect from 16.7.2007, the petitioner was transferred to another school under the same management within the Trithala Educational Sub District. According to the petitioner, though a proposal for approval was made to the 3rd respondent, in Ext.P4 communication the 3rd respondent took the stand that certain documents for considering the request for approval were not received and therefore he is not in a position to consider the same. Petitioner submits that, the documents were still available with the Manager and the representation made to him did not evoke any result. In these WP(c).No.36479/08 2 circumstances, the petitioner approached the 6th respondent by filing Ext.P7 and in this writ petition what is sought for is a direction to the 6th respondent to consider and pass orders on Ext.P7, taking note of Ext.P1, by which, approval was granted by the 2nd respondent for his initial appointment. 2. Having regard to the aforesaid factual situation and taking note of the fact that Ext.P7 has been filed before the 6th respondent invoking the power under Rule 8-A of chapter XIV-A KER, it is for the 6th respondent to consider and pass orders on Ext.P7 with notice to the petitioner and the 4th respondent. This shall be done as expeditiously as possible and at any rate within 8 weeks from the date of production of a copy of the judgment along with a copy of the writ petition. Petitioner shall produce a copy of the judgment along with a copy of the writ petition before the 6th respondent for compliance. ANTONY DOMINIC JUDGE vi. WP(c).No.36479/08 3