IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 33569 of 2007(U)
1. BINU ABRAHAM, H.S.A.(PHYSICAL SCIENCE)
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. THE DIRECTOR OF PUBLIC INSTRUCTIONS,
3. DEPUTY DIRECTOR OF EDUCATION,
4. DISTRICT EDUCATIONAL OFFICER,
5. THE MANAGER,
6. VINEETHA.T.,THAZHETHIL PREMADAM
7. N.S.ANITHA, H.S.A.(MATHS), TTTMVHSS
8. BINDU ABRAHAM, H.S.A (MATHS)
For Petitioner :SRI.KALEESWARAM RAJ
For Respondent :SRI.R.RAJASEKHARAN PILLAI
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :26/11/2008
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) NO. 33569 OF 2007 (U)
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Dated this the 26th day of November, 2008
J U D G M E N T
In this writ petition, petitioner challenges his reversion from the
post of HSA (Physical Science) to the post of UPSA, final order of which is
Ext.P15. Petitioner contends that during the pendency of this writ petition,
a fresh vacancy arose consequent on the retirement of an incumbent in
this academic year and that his claim is liable to be considered as against
that vacancy. According to him, he has moved the DEO by filing Ext.P19
in this behalf.
2. Counsel for the 6th respondent points out that against the staff
fixation order, 7th respondent has filed appeal and that the appeal is
pending before the DPI. It is also pointed out that this Court has already,
by judgment in WP(C) No.32077/08 dated 31/10/2008, directed
consideration and disposal of the said appeal.
3. Therefore, if as stated by the counsel for the 6th respondent,
appeal filed by the 7th respondent is pending consideration of the DPI, it is
only appropriate that the DPI considers the claim of the petitioner also.
4. Therefore, I direct that it will be open to the petitioner to
WPC 33569/08
:2 :
place his grievances before the DPI, who shall thereupon consider this
claim also when the appeal filed by the 7th respondent is taken up for
consideration in pursuance to the judgment in WP(C) NO.32077/08. It is
directed that the DPI shall while deciding the matter, issue notice to the
petitioner also.
Writ petition is disposed of as above.
ANTONY DOMINIC, JUDGE
Rp