IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 30TH NOVEMBER 2011 / 9TH AGRAHAYANA 1933 WP(C).No. 31952 of 2011(T) -------------------------------------- PETITIONER(S): ---------------------- K.K.SAVITHRI, UPPER PRIMARY SCHOOL ASSISTANT UPSA, P.K.KUNHIKANNAN VYDIAR SMARAKA MUSLIM U.P.SCHOOL, IRINAVU, P.O.IRINAVU, KANNUR 670 301. BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM 695 001. 2. DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM 695 001. 3. DISTRICT EDUCATIONAL OFFICER, KANNUR 670 001. 4. THE ASSISTANT EDUCATIONAL OFFICER, PAPPINISSERI 670 561. 5. P.MANOHARAN, HEADMASTER, P.KUNHIKANNAN VYDIAR SMARAKA, MUSLIM U.P.SCHOOL, IRINAVU, PO IRINAVU,KANNUR 670 301. 6. THE MANAGER, P.KUNHIKANNAN VYDIAR SMARAKA, MUSLIM U.P.SCHOOL, IRINAVU, PO IRINAVU,KANNUR 670 301. R1 TO R4 BY GOVT. PLEADER SRI.M.A.FAYAZ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 31952 of 2011(T) APPENDIX PETITIONER(S) EXHIBITS EXT.P1 - COPY OF THE APPOINTMENT ORDER DT.27.10.1984 OF THE PETITIONER. EXT.P2 - COPY OF THE SENIORITY LIST AS ON 1.4.2010. EXT.P3 - COPY OF THE REPRESENTATION DT.1.6.2011 FILED BY THE PETITIONER. EXT.P4 - COPY OF THE REPRESENTAT DT.2.6.2011 FILED BY THE PETITIONER. EXT.P5 - COPY OF THE SENIORITY LIST DT.1.4.2011. EXT.P6 - COPY OF THE REPRESENTATION DT.20.07.2011 FILED BEFORE THE 4TH RESPONDENT. EXT.P7 - COPY OF THE REPRESENTATION DT.20.07.2011 FILED BEFORE THE 6TH RESPONDENT. EXT.P8 - COPY OF THE GO RT NO.1816/2011 DT.18.5.2011. EXT.P9 - COPY OF THE ARGUMENT NOTES SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT. EXT.P10 - COPY OF THE ORDER NO.F/2452 2011 DT.17.10.2011. EXT.P11 - COPY OF THE APPOINTMENT ORDER OF OTHE 5TH RESPONDENT. EXT.P12 - COPY OF THE APPEAL FILED BY THE PETITIONER DT.11.11.2011. RESPONDENTS' EXHIBITS - NIL /TRUE COPY/ P.A.TO JUDGE DG T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.31952/2011-T ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 30th day of November, 2011 J U D G M E N T The petitioner, who is working as an Upper Primary School Assistant, is aggrieved by the denial of seniority and consequential promotion as Headmaster. 2. The fifth respondent is now conferred with the promotion to the post of Headmaster. It is the case of the petitioner that as on the date of occurrence of vacancy, the petitioner is senior and the fifth respondent is junior. Ext.P10 is the order passed by the Assistant Educational Officer rejecting the contentions raised by the petitioner and Ext.P11 is the appointment order, approved by the Assistant Educational Officer. Thereafter, the petitioner has filed a consolidated appeal before the District Educational Officer as per Ext.P12. The learned counsel for the petitioner prayed that the District Educational Officer maybe directed to pass orders on Ext.P12 within a time frame. W.P.(C). No.31952/2011 -:2:- 3. Learned Government Pleader submitted that sufficient time will be required for passing orders in the appeal. 4. There will be a direction to the third respondent to take a decision on Ext.P12 appeal with notice to the petitioner and respondent Nos.5 and 6 within a period of two months from the date of receipt of a copy of this Judgment. The writ petition is disposed of as above. No costs. The petitioner will produce a copy of the writ petition along with a certified copy of the Judgment before the third respondent for compliance. Sd/- (T.R. Ramachandran Nair, Judge.) ms