IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 27TH JULY 2011 / 5TH SRAVANA 1933 WP(C).No. 20436 of 2011(D) -------------------------- PETITIONER(S): ---------------------- SARITHA.R,HIGH SCHOOL ASSISTANT(NATURAL SCIENCE),H.S. & V.H.S.SCHOOL,MANNADY. BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA SRI.K.A.BALAN SRI.PETER JOSE CHRISTO SRI.S.A.ANAND RESPONDENT(S): ----------------------- 1. STATE OF KERALA,REPRESENTED BY THE SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT,SECRETARIAT,THIRUVANANTHAPURAM, PIN-695001. 2. DISTRICT EDUCATIONAL OFFICER, KOTTARAKKARA,PIN-691506. 3. THE MANAGER,HS MANNADY AND KRKPM HS FOR BOYS AND VOCATIONAL HIGHER SECONDARY SCHOOL, KADAMPANAD,KADAMPANAD SOUTH.P.O,PIN-691553. GOVERNMENT PLEADER SRI.V.VIJULAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: dmb WP(C).No. 20436 of 2011 APPENDIX PETITIONER'S EXHIBITS:- EXT.P1:- COPY OF THE APPOINTMENT ORDER NO.B2/2994/11/K.DIS DTD 18.05.2011 EXT.P2:- COPY OF THE APPOINTMENT ORDER DTD 01.06.2010 OF THE PETITIONER APPOINTED BY THE 3RD RESPONDENT EXT.P3:- COPY OF THE ORDER NO.B2/3576/10 DTD 20.01.2011 OF THE 2ND RESPONDENT EXT.P4:- COPY OF THE REVISION PETITION DTD 27.05.2011 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT RESPONDENTS' EXHIBITS:- NIL //TRUE COPY// P.A TO JUDGE dmb T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.20436 OF 2011 --------------------------------------- Dated this the 27th day of July, 2011. J U D G M E N T The prayer in this writ petition is for a direction to the Government to dispose of Ext.P4 revision petition within a time frame. 2. The petitioner was appointed as High School Assistant (Natural Science) in the school managed by the 3rd respondent in the leave vacancy of one Smt.Susan George, High School Assistant (Natural Science) for the period from 05.08.2002 to 08.10.2002. The approval of the said appointment was rejected by order dated 12.05.2003 by the District Educational Officer. It appears that the Manager challenged the same before the Government. Subsequently, the Manager resubmitted the proposal for approval in terms of the directions issued by the Government. But the District Educational Officer again rejected the same by order dated 16.06.2010. This was challenged by the petitioner in W.P.(C) No.904/2011 and in terms of the directions W.P.(C) No.20436/2011 2 issued by this Court, the appointment has been approved as per Ext.P1. In the light of Ext.P1, the petitioner became a claimant under Rule 51A of Chapter XIV-A Kerala Education Rules. 3. A retirement vacancy arose due to the retirement of one Smt.C.Chandramathi Amma on 31.03.2010 and in that vacancy, the petitioner was appointed as per Ext.P2 order. The approval for the same is rejected as per Ext.P3 by the District Educational Officer. The main reason stated is that the vacancy will have to be filled up by a protected hand. It is upto the Government to take a decision on Ext.P4 revision petition in accordance with law. Therefore, there will be a direction to the 1st respondent to consider Ext.P4 revision petition and dispose of the same on merits within a period of four months from the date of receipt of a copy of this judgment, after hearing the petitioner and the Manager. The petitioner will forward a copy of the writ petition along with a certified copy of the judgment for compliance. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp