IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 6372 of 2009(N)
1. C.N. SANTHAKUMARI AMMA, W/O. N.P. RAJ
... Petitioner
Vs
1. THE STATE OF KERALA, REP. BY THE
... Respondent
2. THE DIRECTOR OF PUBLIC
3. THE DEPUTY DIRECTOR OF
4. THE DISTRICT EDUCATIONAL OFFICER,
5. THE MANAGER, M.G.M. N.S.S. HIGHER
6. SRI. K.R. VIJAYAN NAIR,
For Petitioner :SRI.V.A.MUHAMMED
For Respondent : No Appearance
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :11/03/2009
O R D E R
P.N.RAVINDRAN, J.
---------------------------------------
W.P.(C) No.6372 OF 2009
---------------------------------------
Dated this the 11th day of March, 2009
JUDGMENT
Heard Sri.V.A.Muhammed, the learned counsel
appearing for the petitioner and Sri.A.J.Varghese, the learned
Government Pleader appearing for respondents 1 to 4. In the
nature of the order that I propose to pass, it is not necessary
to issue notice to or hear respondents 5 and 6.
2. The petitioner is a Teacher. The dispute in this writ
petition relates to appointment to the post of Headmaster that
fell vacant on 01.04.2008. The petitioner staked her claim for
the post. The Manager however appointed the sixth
respondent. The District Educational Officer held that the
petitioner is senior to the sixth respondent. The appointment
of the sixth respondent was accordingly rejected and the
Manager was directed by Ext.P2 order to appoint the
petitioner as Headmaster. The Manager challenged Ext.P2
before the Deputy Director of Education who by Ext.P4 order
dismissed the appeal. The sixth respondent thereupon moved
the Government under Rule 92 of Chapter XIV A of the Kerala
W.P.(C) No.6372 of 2009
2
Education Rules by filing Ext.P5 revision petition. The
petitioner’s grievance is that in view of Ext.P5 revision petition
filed by the sixth respondent, the Manager is not implementing
the direction issued in Ext.P2.
3. The pleadings disclose that Ext.P2 has not attained
finality. The sixth respondent who is aggrieved by Exts.P2 and
P4 has moved the Government challenging Ext.P2 and Ext.P4
the appellate order upholding it. The learned Government
Pleader appearing for the official respondents submits that
Ext.P5 revision petition has been received by the Government
and is pending. In these circumstances, the only relief that can
be granted to the petitioner is to direct the first respondent to
dispose of Ext.P5 revision petition expeditiously.
I accordingly dispose of this writ petition with a
direction to the Secretary to Government, General Education
Department to consider Ext.P5 revision petition and pass
orders thereon after affording the petitioner and respondents
5 and 6 an opportunity of being heard. Final orders in the
matter shall be passed within four months from the date on
which the petitioner produces a certified copy of this judgment
before the Government. The contentions of both parties on the
W.P.(C) No.6372 of 2009
3
merits are kept open.
The writ petition is disposed of as above.
P.N.RAVINDRAN
JUDGE
pac