IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 19398 of 2008(H)
1. SANTHA.S.M., U.P.S.A, MOOTHEDATH HIGH
... Petitioner
Vs
1. DISTRICT EDUCATIONAL OFFICER, KANNUR.
... Respondent
2. THE DEPUTY DIRECTOR (EDUCATION0,
3. THE MANAGER, MOOTHEDATH HIGH SCHOOL,
For Petitioner :SRI.B.S.SWATHY KUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice K.T.SANKARAN
Dated :27/06/2008
O R D E R
K.T. SANKARAN, J.
............................................................................
W.P.(C) No. 19398 OF 2008
............................................................................
Dated this the 27th June, 2008
J U D G M E N T
In the manner in which I propose to dispose of this Writ Petition, I do not think it
is necessary to issue notice to the third respondent-Manager. Government Pleader
takes notice for respondent Nos. 1 and 2.
2. It is stated in the Writ Petition that the petitioner was appointed as U.P.S.A.
on 24.09.1990 in Moothedath High School, Thaliparamba, Kannur District. The
appointment of the petitioner was duly approved by the educational authorities. It is
further stated that the petitioner was promoted as High School Assistant (NS) with effect
from 02.06.1997. As per the proceedings for staff fixation, the petitioner was retained
in the same school and accommodated against the post of H.S.A. (English) as a
protected teacher. Later on the basis of re-fixation of strength of teachers, the
petitioner was reverted as U.P.S.A. by order dated 12.03.2007. The order dated
12.03.2007 was impugned before the appellate authority. It is stated that the aforesaid
appeal is pending disposal. The petitioner states that there occurred a vacancy in the
post of HSA (Natural Science) consequent on the retirement of one C.H.
Krishnakumari, HSA (NS) with effect from 31.03.2007. The Manager promoted the
petitioner as HSA (NS) in that vacancy as per Ext. P1 order dated 30.06.2007. Though
the manager forwarded the proposal for approval of promotion of the petitioner to the
District Educational Officer,. it was rejected by Ext. P2 order dated 20.05.2008.
Challenging Ext. P2 order, the petitioner has filed a statutory appeal (Ext.P3) before the
W.P.(C) No. 19398 OF 2008
2
second respondent, Deputy Director of Education, Kannur. Ext. P3 is pending disposal.
3. The reliefs prayed for in the Writ Petition are the following:
“i) To issue a Writ of Certiorari or other appropriate writ, order
or direction calling for the records leading to Ext.P2 and quash
the same.
ii) To issue a Writ of Mandamus or other appropriate writ, order
or direction directing the 1st respondent to consider the proposal
for approval of promotion of the Petitioner pursuant to Ext. P1
afresh within a time frame to be fixed by this Hon’ble Court.
iii) To issue a Writ of Mandamus or other appropriate writ, order
or direction directing the 2nd Respondent to consider and
dispose of Ext. P3 appeal on merits after hearing the petitioner
within a time frame to be fixed by this Hon’ble Court.
iv) To issue such other and further reliefs as may be prayed for
from time to time. ”
4. Learned counsel for the petitioner submits that for the time being, the
petitioner would be satisfied if relief No.(iii) is granted. The request is just and
reasonable. In view of the submission made by the learned counsel for the petitioner, it
is not necessary to consider the availability of relief Nos. (1) and (ii). Accordingly, the
Writ Petition is disposed of in the following manner:
i) The second respondent, Deputy Director of Education, Kannur shall consider
and dispose of Ext. P3 appeal dated 09.06.2008 submitted by the petitioner in
accordance with law , after affording an opportunity of being heard to the petitioner as
well as the Manager of the School, as expeditiously as possible and at any rate, within
a period of two months.
W.P.(C) No. 19398 OF 2008
3
ii) The petitioner shall forward a copy of the Writ Petition as well as certified
copy of the judgment to the Deputy Director of Education without delay.
iii) The petitioner shall send a copy of the judgment to the 3rd respondent by
registered post and shall produce proof of the same before the Deputy Director of
Education without delay. .
K.T. SANKARAN,
JUDGE.
lk