IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 2ND FEBRUARY 2009 / 13TH MAGHA 1930 WP(C).No. 3365 of 2009(A) ------------------------- PETITIONER: --------------- M.P.KAILASNATH S/O. V.PRABHAKAARAN, AGED 31 YEARS FORMER HIGH SCHOOL ASSISTANT (MATHS) SARVAJANA HIGH SCHOOL, PUTHUCODE 678 687 PALAKKAD DISTRICT (RESIDING AT MANDAKATH HOUSE, NORTH VILLAGE, PUTHUCODE PALAKKAD DISTRICT) BY ADV. SRI.T.V.VIJAYARAJAN RESPONDENTS: --------------- 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION JAGATHY, TRIVANDRUM-14. 3. THE DEPUTY DIRECTOR OF EDUCATION PALAKKAD (MANAGER, SARVAJANA HIGH SCHOOL, PUTHUCODE, PALAKKAD DISTRICT) 4. THE DISTRICT EDUCATIONAL OFFICER, PALAKKAD DISTRICT. 5. THE HEADMASTER SARVAJANA HIGH SCHOOL, PUTHUCODE 678 687 PALAKKAD DISTRICT. BY GOVT. PLEADER SHRI.A.J.VARGESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ---------------------------------------------- W.P(C) No.3365 of 2009-A --------------------------------------------- Dated this the 2nd February, 2009. J U D G M E N T The petitioner was appointed on 6.6.2001 as High School Assistant in Mathematics. The appointment was duly approved. It is stated that the petitioner was retrenched from service during the year 2007-08. The petitioner states that in 2008-09 one leave vacancy of Upper Primary School Assistant has occurred, as Smt.Jessy Abraham availed Leave Without Allowances from August 2008. The petitioner claims to be the senior most Rule 51-A claimant for the post of Upper Primary School Assistant available in the School. The petitioner submitted Exhibit P1 request to the Deputy Director of Education, who is the Ex-officio Manager of the School, requesting to appoint him in the aforesaid vacancy. Exhibit P1 has not been disposed of so far. 2. The reliefs prayed for by the petitioner are the following: a) issue a writ of mandamus or other appropriate writ, order or direction commanding the 3rd respondent to appoint the petitioner as Upper Primary School Assistant in Sarvajana High School, Puthucode against the leave vacancy occurred on availing Leave Without Allowances by Smt.Jessy Abraham, with effect from the date of leave with all attendant benefits. b) issue a writ of mandamus or other appropriate writ, order or direction commanding the 3rd respondent to effectively consider and pass appropriate orders upon Exhibit P1 after affording an opportunity of being heard to the petitioner within a time limit. W.P(C) No.3365 of 2009-A 2 c) pass such other order or direction which this Hon'ble Court may deem fit and proper to grant in the circumstances of the case.” 3. The Learned counsel for the petitioner submits that the petitioner confines his relief to relief (b). Accordingly, the Writ Petition is disposed of as follows: i) The Deputy Director of Education, Palakkad, shall consider and dispose of Exhibit P1 representation dated 15.1.2008 submitted by the petitioner, as expeditiously as possible and at any rate within a period of one month from the date of receipt of a copy of the judgment. It is not necessary to afford an opportunity of being heard to the petitioner and the petitioner waives the said right. ii) The petitioner shall produce certified copy of the judgment and a copy of the Writ Petition before the Deputy Director of Education. K.T.SANKARAN JUDGE ab W.P(C) No.3365 of 2009-A 3 W.P(C) No.3365 of 2009-A 4 W.P(C) No.3365 of 2009-A 5 W.P(C) No.3365 of 2009-A 6