IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 13TH OCTOBER 2009 / 21ST ASWINA 1931 WP(C).No. 28820 of 2009(V) -------------------------- PETITIONER(S): --------------- V.H.MOHAMMED KUTTY, MANAGER, P.M.S.A.VOCATIONAL HIGHER SECONDARY SCHOOL, CHAPPANANGADI, MALAPPURAM DISTRICT. BY ADV. SRI.ELVIN PETER P.J. SMT.POOJA SURENDRAN RESPONDENT(S): --------------- 1. STATE OF KERALA - REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM. 4. THE DISTRICT EDUCATION OFFICER, MALAPPURAM. 5. ARTIST K.S., CHANDIPARAMBIL HOUSE, OLAKETTIYAMBALAM (PO), MAVELIKKARA, ALAPPUZHA DISTRICT. R1 TO R4 BY G.P. SHRI MOHAMOOD T.T. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 28820 of 2009-V - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of October, 2009. JUDGMENT The petitioner is the Manager of P.M.S.A. Vocational Higher Secondary School, Chappanangadi. Aggrieved by Ext.P14 order passed by the District Educational Officer, Malappuram, the petitioner has filed Ext.P15 appeal before the Deputy Director of Education. 2. The relevant facts for the disposal of the writ petition are the following: In the school there was one drawing teacher, viz. Shri K. Sivanandan who died in harness on 25.12.1999. The 5th respondent is his son. It is the case of the petitioner that even though by Ext.P10 he was appointed as a Full Time Menial, he did not accept the same in spite of sending the communication by registered post. Ext.P11 is the copy of another notice issued to him. Even though he was in receipt of the same, he did not join duty. 3. Earlier this court considered the matter in W.P.(C) No.18330/2004. A copy of the judgment in the said case is produced as Ext.P12. Ext.P7 produced in the said writ petition was quashed and the Manager was permitted to make appointments ignoring Rule 51B claim of wpc 28820/2009 2 the 4th respondent therein (5th respondent herein). It was further observed that any application submitted after April, 2008 will be considered by the Manager. Ext.P13 is the copy of the judgment in the writ appeal filed against Ext.P12 judgment. Thereafter, the petitioner has appointed one Shri Suresh and forwarded the proposal for approval to the 4th respondent which was rejected as per Ext.P14 order, against which, the petitioner has filed Ext.P15 appeal before the third respondent. Learned counsel for the petitioner submitted that a direction may be issued to the third respondent to take a decision on Ext.P15 expeditiously. 4. There will be a direction to the third respondent to take a decision on Ext.P15 after hearing the petitioner and the 5th respondent, within a period of two months from the date of receipt of a copy of this judgment. The petitioner will produce a copy of this judgment along with a copy of the writ petition before the third respondent for compliance. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) wpc 28820/2009 3 kav/