IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 10TH DECEMBER 2009 / 19TH AGRAHAYANA 1931 WP(C).No. 35661 of 2009(C) -------------------------- PETITIONER --------------- JIBIN.P.J, AGED 30 YEARS, S/O. JOSE, UPPER PRIMARY SCHOOL ASSISTANT, HIGH SCHOOL, THIRUVANANTHAPURAM, P.O. KALLUR, VADAKKEKAD, THRISSUR - 679 562. BY ADV. SRI.K.E.HAMZA SRI.V.K.GOPALAKRISHNAN RESPONDENTS: --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEX, TRIVANDRUM. 2. THE DEPUTY DIRECTOR OF EDUCATION, AYYANTHOLE, THRISSUR DISTRICT. 3. THE DISTRICT EDUCATIONAL OFFICER, CHAVAKKAD, THRISUR DISTRICT. 4. THE MANAGER, HIGH SCHOOL, THIRUVALAYANNUR, P.O. KALLUR, VADAKKEKAD, THRISSUR - 679 562. BY GOVT. PLEADER SRI. DILIP MOHAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No.35661 of 2009 -------------------------- Dated this the 10th December,2009 J U D G M E N T The petitioner is working as Upper Primary School Assistant in the school managed by the 4th respondent. The petitioner was appointed in the academic year 2006- 2007 in one of the new posts anticipated in the High School, Thiruvalayannur. The said appointment was rejected by the District Educational Officer stating that no additional post as per G.O (P) No.317/2005/G.Edn. Dated 17.8.2005 can be sanctioned. Appeal filed by the Manager has also been rejected. Petitioner contends that since students were admitted in the school, it requires sanctioning of the post in the school and therefore, the view taken by the Government cannot be justified. 2. Petitioner was later appointed from 2.6.2008 in the retirement vacancy. But the said appointment was rejected as per Ext.P1 and Ext.P2 is the appeal filed by the Manager. It is pointed out that the Deputy Director of Education rejected Ext.P2 appeal as per Ext.P3 order. Presently the petitioner has filed a Revision Petition W.P ( C) No.35661 of 2009 2 against Ext.P3, as per Ext.P4. Petitioner seeks for an early disposal of Ext.P4. 3. Since the matter is pending before the Government as per Ext.P4, there will be a direction to the 1st respondent to take a decision on Ext.P4, after hearing the petitioner and the Manager, within a period of four months from the date of receipt of a copy of this judgment. Petitioner will produce a copy of the writ petition along with copy of this judgment before the 1st respondent for compliance. Writ petition is disposed of as above. T.R RAMACHANDRAN NAIR, JUDGE ma W.P ( C) No.35661 of 2009 3 W.P ( C) No.35661 of 2009 4