IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 29TH JULY 2008 / 7TH SRAVANA 1930 WP(C).No. 22769 of 2008(I) -------------------------- PETITIONER: ------------ ARUN GILBER.G, S/O.GILBERT, ANU BHAVAN, UCHAKKADA.P.O, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.K.RAVIKUMAR RESPONDENTS: ------------- 1. SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT EDUCATIONAL OFFICER, THIRUVANANTHAPURAM. 3. MANAGER, B.N.V, VOCATIONAL HIGHER SECONDARY SCHOOL, THIRUVALLA, THIRUVANANTHAPURAM. R1, R2 BY GOVT. PLEADER SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.22769 OF 2008 ------------------------------------------- Dated this the 29th day of July, 2008 JUDGMENT By Ext.P5, the State Government addressed the District Educational Officer to approve the appointment of the petitioner as a full-time menial in the B.N.V. Vocational Higher Secondary School, Thiruvalla with effect from 1.7.2005 against an open vacancy as reported by the DEO to the Director of Public Instructions. If that decision has become final, then, there is no reason why the second respondent does not abide by that direction. Firstly, it would amount to refusal to act in terms of the command of the superior authority in the administrative hierarchy and still further, it will be a failure to carry out the statutory duties referable to Kerala Education Rules. Under such circumstances, the first respondent is directed to take up Ext.P6 and issue such direction as may be called for, in accordance with law, on production of a copy of this judgment. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.29/7.