IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 21ST JANUARY 2009 / 1ST MAGHA 1930 WP(C).No. 2290 of 2009(V) PETITIONER: P.B.SAJITH, S/O.P.V.BALAKRISHNAN, PERUMBAL VADAKKEPURACKAL, NANNAMMUKKU P.O., KALLURMA, MALAPPURAM (HIGH SCHOOL ASSISTANT (ENGLISH), VALANCHERRY HIGHER SECONDARY SCHOOL, TIRUR, MALAPPURAM). BY ADV. SRI.S.SUBHASH CHAND RESPONDENTS: 1. DIRECTOR OF PUBLIC INSTRUCTION, OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 2. DEPUTY DIRECTOR (EDUCATION), OFFICE OF THE DEPUTY DIRECTOR (EDUCATION), MALAPPURAM. 3. DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, TIRUR. 4. MANAGER, VALANCHERY HIGHER SECONDARY SCHOOL, VALANCHERY, MALAPPURAM. GOVERNMENT PLEADER SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C) NO. 2290 OF 2009 V ------------------------------------------------------ Dated this the 21st January, 2009 JUDGMENT The petitioner was appointed as H.S.A. (English), as per Ext.P3 order of appointment, in a leave vacancy for the period from 5.6.2006 to 31.3.2010. The appointment as per Ext.P3 order was approved from 17.7.2006 to 31.3.2010. While so, the petitioner was appointed in a regular vacancy, as per Ext.P1 order of appointment, from 18.6.2007 onwards. The proposal for approval of the appointment as per Ext.P1 order of appointment was rejected by the District Educational Officer, as per Ext.P2 order dated 28.7.2008. On appeal against Ext.P2 order, the Deputy Director of Education confirmed the order passed by the District Educational Officer and rejected the Appeal, as per Ext.P5 order dated 12.12.2008. Challenging Ext.P5 order, the petitioner has filed Ext.P6 Revision before the Director of Public Instruction. Ext.P6 Revision is pending disposal. 2. The reliefs prayed for in the Writ Petition are the following: “(i) To issue a writ in the nature of certiorari or any other appropriate writ or order quashing Ext.P5 order passed by respondent No.2; W.P.(C) NO. 2290 OF 2009 :: 2 :: (ii) To issue a writ in the nature of certiorari or any other appropriate writ or order quashing Ext.P2 order passed by respondent No.3; (iii) To issue a writ in the nature of mandamus or any other appropriate writ or order directing respondent No.1 to consider and pass final orders on Ext.P6 statutory revision petition under Rule 8A Chapter XIVA KER with notice and opportunity of hearing to the petitioner, respondent No.4 and affected parties, if any, within such time as this Hon'ble Court may deem fit and proper in the interest of justice; (iv) To issue a writ in the nature of mandamus or any other appropriate writ or order directing the respondents to approve the appointment of the petitioner as per Ext.P1 order as High School Assistant (English) in Valanchery Higher Secondary School, Valancherry and disburse salary and allowances to him, within such time as this Hon'ble Court may deem fit and proper in the interest of justice; and (v) To mould and grant such other reliefs, as this Hon'ble Court shall deem just and proper in the interest of justice, including costs.” 3. Learned counsel for the petitioner submits that, for the time being, the petitioner would be satisfied if relief (iii) is granted. Learned Government Pleader submitted that the Director of Public Instruction will dispose of Ext.P6 Revision expeditiously. In the facts and circumstances of the case, the Writ Petition is disposed of as follows: W.P.(C) NO. 2290 OF 2009 :: 3 :: a) The Director of Public Instruction shall consider and dispose of Ext.P6 Revision, as expeditiously as possible and, at any rate, within a period of two months from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioner, the fourth respondent Manager and any other affected party. b) The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the Director of Public Instruction. c) The petitioner shall send a copy of the Writ Petition and a copy of the judgment to the fourth respondent Manager by registered post and shall produce proof of the same before the Director of Public Instruction. (K.T.SANKARAN) Judge ahz/