IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 7TH JANUARY 2011 / 17TH POUSHA 1932 WP(C).No. 35833 of 2009(Y) --------------------------------------- PETITIONER(S): ----------------------- G.VIDHU, AGED 35 YEARS, S/O.GOVINDAN, UPPER PRIMARY SCHOOL ASSISTANT, PARIYAPURAM CENTRAL A.U.P.SCHOOL, P.O.PARIYAPURAM, TANUR-676 302, MALAPPURAM DISTRICT. BY ADVS. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, TRIVANDRUM-14. 3. THE DEPUTY DIRECTOR OF EDUCATION, CIVIL STATION, MALAPPURAM. 4. THE DISTRICT EDUCATIONAL OFFICER, TIRUR, MALAPPURAM. 5. THE ASSISTANT EDUCATIONAL OFFICER, TANUR, MALAPPURAM. 6. THE MANAGER, PARIYAPURAM CENTRAL A.U.P. SCHOOL, P.O.PARIYAPURAM, TANUR-676 302, MALAPPURAM DISTRICT. R1 TO R5 BY GOVERNMENT PLEADER SRI. T.T.MUHAMOOD R6 BY ADV. SRI.M.P.ASHOK KUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/01/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)O.35833/2009 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE ORDER NO.L.DIS.B/5360/02 OF THE ASST/EDUCATIONAL OFFICER. P2 COPY OF THE ORDER NO.B4/8633/02 OF THE DISTRICT EDUCATIONAL OFFICER. P3 COPY OF THE ORDER NO.D.DIS.6316/2004/RA3/DPI OF THE 2ND RESPONDENT. P4 COPY OF THE REVISION PETITION FILED BEFORE THE GOVERNMENT. P5 COPY OF THE LETTER NO.51784/BI/09/G.EDN. OF THE GOVERNMENT. P6 COPY OF THE FITNESS CERTIFCATE. P7 COPY OF THE G.O.(RT) NO.3155/07/G.EDN OF THE GOVERNMENT. P8 COPY OF THE DECISION REPORTED IN 1993 (2) K.L.T.S.N (P) 27 (C.NO.28) RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.35833 Of 2009 ----------------------------------------------------- DATED THIS THE 7th DAY OF JANUARY, 2011 J U D G M E N T The petitioner herein is working as UPSA in the School managed by the 6th respondent. The challenge is against the communication Exhibit P5 by which a revision petition filed by the petitioner by way of Exhibit P4 has been rejected without hearing the petitioner. It is pointed out by the petitioner that the documents produced by the petitioner along with the revision petition have not been considered. 2. The petitioner was appointed as UPSA from 6.6.2001 to 30.3.2002 against a leave vacancy which was approved. Later, he was appointed in a leave vacancy from 5.6.2002 to 16.8.2002 which was not approved. While continuing in the leave vacancy, a regular vacancy arose and on 1.8.2002, the Manager appointed the petitioner against the regular vacancy from that date. It was rejected by the Assistant Educational Officer stating that as per the staff fixation, no additional post was sanctioned, even though there was a scope for one additional division in standard VII considering the student strength, as per Exhibit P1. Exhibit P2 is W.P.(C)No.35833/09 -2- the order passed in appeal, wherein the view taken is that no additional post is sanctioned in the School. The appeal filed before the Director of Public Instructions also was rejected as per Exhibit P3, which was challenged before the Government by a revision petition and Exhibit P4 is a reminder to it. 3. The learned counsel for the petitioner submitted that if an opportunity for hearing is given to the petitioner, he can convince the requirement of sanction of the post and consequent approval of the appointment. 4. In that view of the mater, as the order Exhibit P5 was evidently passed without hearing the petitioner, the same is set aside. There will be a direction to the Government to reconsider the revision petition and Exhibit P4 in the light of the contentions raised by the petitioner, after hearing the petitioner and the Manager and after calling for the records from the concerned educational authorities within a period of three months from the date of receipt of a copy of this judgment. The Writ Petition is disposed of as above. Sd/-( T.R.RAMACHANDRAN NAIR, JUDGE). dsn