High Court Kerala High Court

P.P. Sebastian vs The State Of Kerala on 19 November, 2009

Kerala High Court
P.P. Sebastian vs The State Of Kerala on 19 November, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 32095 of 2009(F)


1. P.P. SEBASTIAN, (H.S.A. MATHS),
                      ...  Petitioner

                        Vs



1. THE STATE OF KERALA, REP. BY THE
                       ...       Respondent

2. THE DEPUTY DIRECTOR OF

3. THE DISTRICT EDUCATIONAL OFFICER,

4. THE MANAGER, A.K.M. HIGH SCHOOL,

5. P.M. ARAVINDAKSHAN, H.S.A.

                For Petitioner  :SRI.ESM.KABEER

                For Respondent  : No Appearance

The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR

 Dated :19/11/2009

 O R D E R
                T.R. RAMACHANDRAN NAIR, J.
                ~~~~~~~~~~~~~~~~~~~~~~~~~~~
                  W.P.(C). No.32095/2009-F
                 ~~~~~~~~~~~~~~~~~~~~~~~~~~~
          Dated this the 19th day of November, 2009

                      J U D G M E N T

The petitioner herein is working as H.S.A (Maths) in

the school managed by the fourth respondent.

2. The main issue concerns a dispute regarding the

seniority between the petitioner and the fifth respondent.

The petitioner is relying upon Ext.P1 seniority list dated

01/06/1999 wherein the petitioner’s serial number is (9)

and the fifth respondent’s number is (17). Later, the

fourth respondent issued a fresh seniority list as on

01/01/2007 wherein the seniority position was changed.

This was challenged by the petitioner before the third

respondent-District Educational Officer. But the third

respondent provisionally approved the said list subject to

the outcome of the Writ Petition (Civil) No.5332/2006

pending before this Court. Ext.P3 is the said order.

Ext.P3 was challenged in Appeal by the petitioner before

the second respondent-Deputy Director of Education. Going

by Ext.P6, the appointment of the fifth respondent as

Headmaster was approved. Challenging the same, the

petitioner has filed Ext.P5 revision petition before the

Government. The writ petition is filed seeking for a

direction to the Government to take a decision on Ext.P5.

W.P.(C). No.32095/2009
-:2:-

3. The learned Government Pleader on instructions

submitted that the original of Ext.P5 has not reached the

Government so far.

4. The learned counsel for the petitioner submitted

that it was forwarded by Speed Post.

5. Whatever that be, if the petitioner re-files a

proper copy of Ext.P5 before the first respondent within

ten days from today, the first respondent will consider the

same and pass orders within a period of three months from

the date of its receipt after hearing the petitioner and

respondent Nos.4 and 5. The petitioner will forward a copy

of the Writ Petition along with a copy of the Judgment to

the first respondent, for compliance.

The Writ Petition is disposed of as above. No costs.

(T.R. Ramachandran Nair, Judge.)

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