High Court Kerala High Court

V.S.Saji vs The State Of Kerala Represented By … on 5 October, 2010

Kerala High Court
V.S.Saji vs The State Of Kerala Represented By … on 5 October, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 30491 of 2010(J)


1. V.S.SAJI,S/O.V.D.SUNNY,AGED 31 YEARS,
                      ...  Petitioner

                        Vs



1. THE STATE OF KERALA REPRESENTED BY ITS
                       ...       Respondent

2. THE DIRECTOR OF PUBLIC INSTRUCTION,

3. THE DEPUTY DIRECTOR OF EDUCATION,

4. THE DISTRICT EDUCATIONAL OFFICER,

5. THE CORPORATE MANAGER,DEVAMATHA

                For Petitioner  :SRI.V.A.MUHAMMED

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.T.SANKARAN

 Dated :05/10/2010

 O R D E R
                 K.T.SANKARAN, J.
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             W.P.(C).No.30491  OF 2010
          ------------------------------
                      th
      Dated this the 5  day of October, 2010



                     JUDGMENT

In the manner which I propose to dispose of the

Writ Petition, I do not think it is necessary to

th
issue notice to 5 respondent. G.P. takes notice

for respondents 1 to 4.

2. The case of the petitioner is that he was

appointed as Full Time Menial in Deepthi High

School, Thalore, in the promotion vacancy of

P.J.Wilson for the period from 3.8.2005 to

30.5.2010. It is stated that the promotion of

P.J.Wilson was approved by the District Educational

Officer as per order dated 15.11.2005 and

therefore, it is clear that there was an

established vacancy to accommodate the petitioner.

However, the District Educational Officer rejected

the proposal to approve the appointment of the

petitioner, as per Ext.P2 order dated 14.8.2006.

The appeal preferred against Ext.P2 was dismissed

by Deputy Director of Education as per Ext.P3 order

W.P.(C).No.30491 OF 2010 2

dated 13.9.2006. Though a revision was filed

before the Director of Public Instruction, that was

also dismissed as per Ext.P4 dated 11.11.2009. The

Manager as well as the petitioner have preferred

revision petitions to the Government as per Exts.P5

and P6 respectively. It is stated that Exts.P5 and

P6 are pending disposal.

3. Though Several reliefs are prayed for in the

Writ Petition, the counsel for the petitioner

submitted that for the time being, the petitioner

would be satisfied, if a direction is issued to the

first respondent to consider and dispose of Exts.P5

and P6 Revisions, leaving open the contentions put

forward by the petitioner.

4. Since Exts.P5 and P6 are pending disposal,

it is not necessary to consider the merits of the

contentions put forward by the petitioner. In the

facts and circumstances of the case, the first

respondent is directed to dispose of Exts.P5 and P6

revisions filed by the Manager and the petitioner,

as expeditiously as possible and at any rate within

W.P.(C).No.30491 OF 2010 3

a period of three months from the date of receipt

of a copy of this judgment, after affording an

opportunity of being heard to the petitioner and

the fifth respondent-Manager. The petitioner shall

produce a certified copy of the judgment and copy

of the Writ Petition before the first respondent.

The petitioner shall also send a copy of the Writ

th
Petition and copy of the judgment to the 5

respondent by registered post and he shall produce

proof of the same before the first respondent.

K.T.SANKARAN,
JUDGE.

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