IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 7TH JUNE 2011 / 17TH JYAISHTA 1933 WP(C).No. 15202 of 2011(A) -------------------------------------- PETITIONER: ------------------- K.S. JOSHITHA, AGED 38 YEARS, D/O. LATE G. KESAVAN, RESIDING AT KARICHAYIL, ATTINGAL, THIRUVANANTHAPURAM, PIN – 695 101. BY ADVS. SRI.S.JAYAKRISHNAN, SRI.V.PURUSHOTHAMA PANICKER. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM – 695 001. 2. THE ASSISTANT EDUCATIONAL OFFICER, CHADAYAMANGALAM – 691 534. 3. THE MANAGER, CORPORATE MANAGEMENT OF LUTHERAN SCHOOL, C.L.H.S.S. COMPOUND, PEROORKADA, THIRUVANANTHAPURAM – 695 005. 4. THE HEADMASTER, L.M.U.P.S. NILAMEL – 691 535. 5. SMT. ANJU DAS S.D., ANUGRAHA, ARAAMADA, THIRUMALA POST, THIRUVANANTHAPURAM – 695 003. R1 & R2 BY GOVT. PLEADER SMT. NISHA BOSE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/06/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.15202 Of 2011 ----------------------------------------------------- DATED THIS THE 7th DAY OF JUNE, 2011 J U D G M E N T The petitioner herein was appointed as UPSA in the school managed by the 3rd respondent in the vacancy which arose from 4.6.2007. Exhibit P1 is the copy of the appointment order. The educational authorities declined grant of approval of the same and Exhibit P2 revision petition is pending before the Government. Exhibit P3 is stated to be a report to the Government by the Director of Public Instruction. Thereafter the Government, by Exhibit P4, directed the Director of Public Instruction to conduct an Adalath to settle the issues in respect of the petitioner and other claimants and submit a detailed report within one month. 2. It is pointed out by the petitioner that the Manager thereafter issued an order Exhibit P5 by which the 5th respondent was re-appointed, which will deprive the continuance in service of the petitioner. It is also pointed out that there are various disputes between the former Manager and the present Manager. Highlighting the grievances against Exhibit P5, the petitioner has filed a representation before the Government as per Exhibit P7. 3. Evidently, Exhibit P2 revision petition is pending before the W.P.(C)No.15202/11 -2- Government and only after the final disposal of the same, the position of the parties could be settled. Therefore, it is upto the Government to take a decision on Exhibit P2 revision petition after hearing the parties including the petitioner and respondents 3 and 5, within a period of three months from the date of receipt of a copy of this judgment. 4. The learned Government Pleader pointed out that the representation Exhibit P7 cannot lie before the Government against Exhibit P5. Therefore, the petitioner will have to move the appropriate statutory authorities in that regard, raising the grievances, if any, against Exhibit P5 proceedings by the Manager. The approval of appointment of the 5th respondent, if made in the meanwhile, will be subject to the result of the decision to be taken by the Government in Exhibit P2 revision petition. The petitioner will forward a copy of the Writ Petition along with a copy of the judgment to the Government for compliance. The Writ Petition is disposed of as above. Sd/-( T.R.RAMACHANDRAN NAIR, JUDGE.) dsn True copy P.A.to Judge