IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 21ST DECEMBER 2010 / 30TH AGRAHAYANA 1932 WP(C).No. 37755 of 2010(T) -------------------------------------- PETITIONER(S): ----------------------- 1. SHYBY JOSE, PALLIKUNNEL HOUSE, ARIKUZHA P.O., THODUPUZHA, IDUKKI DISTRICT. 2. BINCYMOL KURIAN, PONGAMPARA, MAMATTIKANAM P.O., RAJAKKAD, IDUKKI DISTRICT. BY ADV. SRI.K.JAJU BABU, SMT.M.U. VIJAYALAKSHMI, SRI.BRIJESH MOHAN, SRI.T.R. SADEESAN, SRI.T.S. SHYAMPRASANTH. RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM-695 001. 2. THE ASSISTANT EDUCATIONAL OFFICER, THODUPUZHA-685 584. 3. THE CORPORATE EDUCATIONAL AGENCY, DIOCESE OF KOTHAMANGALAM, REPRESENTED BY ITS SECRETARY, KOTHAMANGALAM-686 691. R1 & R2 BY GOVT. PLEADER SMT.M.R. SREELATHA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/12/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs K.T.SANKARAN, J. ------------------------------ W.P.(C).No.37755 OF 2010 ------------------------------ Dated this the 21st day of December, 2010 JUDGMENT The case of the petitioners is the following: The first petitioner was appointed as LPSA at St.Sebastian's UP School, Thodupuzha under the Corporate Educational Agency of the third respondent for the period from 3.11.2004 to 31.3.2005. That appointment was approved by the Assistant Educational Officer only on daily wage basis. It was also held in the order of approval that the first petitioner would have no claim for future appointment under Rule 51A of Chapter XIV A KER. The second petitioner was initially appointed as LPSA at St.Mary's LP School, Kaliyar of which the third respondent is the Corporate Educational Agency, for the period from 9.11.2004 to 21.12.2004, in a leave vacancy. On extension of that leave, the petitioner was appointed for the period from 22.12.2004 to 29.1.2005 and again from W.P.(C).No.37755 OF 2010 2 22.12.2004 to 29.1.2005, as per Exts.P2 and P3 appointment orders. The Assistant Educational Officer, approved the appointment of the second petitioner as LPSA from 9.11.2004 to 21.12.2004 on daily wage basis with a further rider that the petitioner would have no claim for future appointment under Rule 51A of Chapter XIV A KER. The Assistant Educational Officer also approved the appointment of the petitioner from 22.12.2004 to 29.1.2005 on daily wage basis and also on the same condition that the petitioner could not make Rule 51A claim. Challenging the orders passed by the Assistant Educational Officer, the first petitioner filed Ext.P4 revision dated 30.10.2010 before the first respondent. Likewise, the second petitioner filed Ext.P5 revision dated 30.10.2010 before the first respondent. Exts.P4 and P5 are pending disposal. 2. The relief sought for by the petitioners is to issue a writ of mandamus directing the first W.P.(C).No.37755 OF 2010 3 respondent to consider and dispose of Exts.P4 and P5 expeditiously. 3. Heard the learned counsel appearing for the petitioners and the learned Government Pleader. In the facts and circumstances of the case, the Writ Petition is disposed of as follows: a) The first respondent shall consider and dispose of Exts.P4 and P5 Revisions filed respectively by the petitioners, as expeditiously as possible, and at any rate within a period of three months from the date of receipt of a copy of the judgment, after affording an opportunity of being heard to the petitioners and the third respondent. b) The petitioners shall produce a copy W.P.(C).No.37755 OF 2010 4 of the Writ Petition and certified copy of the judgment before the first respondent. c) The petitioners shall also send a copy of the judgment and a copy of the Writ Petition to the third respondent by registered post and the petitioners shall produce proof of the same before the first respondent. K.T.SANKARAN, JUDGE. cms