IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 26220 of 2008(U)
1. C.ASHLY JEROLD, FULL TIME HINDI
... Petitioner
Vs
1. THE CORPORATE MANAGER OF ALL CSI SCHOOLS
... Respondent
2. ASSISTANT EDUCATIONAL OFFICER, VYTHIRI
3. ASSISTANT EDUCATIONAL OFFICER,
4. ASSISTANT EDUCATIONAL OFFICER,
5. DIRECTOR OF PUBLIC INSTRUCTIONS,
For Petitioner :SRI.V.RAJENDRAN
For Respondent : No Appearance
The Hon'ble MR. Justice K.T.SANKARAN
Dated :01/09/2008
O R D E R
K.T. SANKARAN,J.
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W.P.(C) No.26220 of 2008 U
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Dated this the 1st day of September, 2008.
J U D G M E N T
The averments in the Writ Petition would indicate the following
facts:- The petitioner commenced service in 1988 as Full Time Menial in the
school of which the first respondent is the Manager. The petitioner was later
promoted as Peon. While working as Peon in Aron U.P.School, Pappinisseri, he
was promoted as Part Time Hindi Teacher against a leave vacancy. The
proposal for approval of promotion as Part Time Hindi Teacher is still pending
before the second respondent. On termination of the leave vacancy, the
petitioner was reverted as Peon and posted back at Aron U.P. School,
Pappinisseri.
2. The petitioner was again promoted on 25.8.2005
against a permanent vacancy of Part Time Hindi Teacher. He was posted at
B.E.M.U.P. School, Puthiyara. The third respondent refused to approve the
promotion as per Ext.P1 order. Ext.P1 order was challenged by the Manager in
appeal before the District Educational Officer. The appeal was dismissed as per
order dated 1.12.2006. It is stated that the Manager has filed an appeal before
the Director of Public Instruction challenging the order dated 1.12.2006 passed
by the District Educational Officer and that appeal is pending.
WP(C) No.26220/2008
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3. The petitioner was promoted as Full Time Hindi
Teacher against a leave vacancy in B.E.M.U.P. School, Ponnani where he joined
on 20.6.2006. The said promotion was duly approved by the Assistant
Educational Officer, Ponnani. On the expiry of the leave vacancy, the petitioner
was reverted as Part Time Hindi Teacher and was posted as such in
B.E.M.U.P. School, Puthiyara. It is stated that the petitioner was again promoted
as Full Time Hindi Teacher and was posted at B.E.M.U.P. School,
Ancharakkandy against a permanent post where he joined on 10.6.2008. The
proposal for approval thereof is pending before the fourth respondent.
4. The petitioner has submitted Ext.P2 revision petition
dated 10.7.2008 before the Director of Public Instruction challenging Ext.P1
order and also complaining the non-approval by the second respondent of the
appointment of the petitioner as Part Time Hindi Teacher. Ext.P2 revision
petition dated 10.7.2008 is pending disposal.
5. The learned counsel for the petitioner submits that, for
the time being, the petitioner would be satisfied if the Director of Public
Instruction (fifth respondent) is directed to dispose of Ext.P2 revision and also if
the Assistant Educational Officer, Mattannur (fourth respondent) is directed to
consider the question of approval of the appointment of the petitioner as Full
Time Hindi Teacher. The learned Government Pleader submitted that Ext.P2
would be disposed of without delay and that the question of approval of
appointment also will be considered by the fourth respondent shortly.
WP(C) No.26220/2008
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The Writ Petition is, accordingly, disposed of in the
following manner:-
(i) The fifth respondent (Director of Public Instruction)
shall dispose of Ext.P2 revision, as expeditiously as possible and at any rate
within a period of three months, after affording an opportunity of being heard to
the petitioner, the Manager and any other person who is likely to be affected.
(ii) The petitioner shall produce a copy of the Writ Petition
and certified copy of judgment before the fifth respondent.
(iii) The fourth respondent (Assistant Educational Officer,
Mattannur) shall consider the proposal for approval of the appointment of the
petitioner as Full Time Hindi Teacher and dispose of the proposal as
expeditiously as possible and at any rate within a period of one month.
(iv) The petitioner shall produce a copy of the Writ Petition
and a true attested photostat copy of the judgment before the fourth respondent
as well.
K.T. SANKARAN,
JUDGE.
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