IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 25290 of 2010(I)
1. DICKSON,CORPORATE MANAGER,
... Petitioner
Vs
1. THE DIRECTOR OF PUBLIC INSTRUCTION,
... Respondent
For Petitioner :SRI.R.T.PRADEEP
For Respondent : No Appearance
The Hon'ble MR. Justice K.T.SANKARAN
Dated :22/09/2010
O R D E R
K.T.SANKARAN, J.
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W.P.(C).No.25290 OF 2010
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Dated this the 22nd day of September, 2010
JUDGMENT
The petitioner is the Corporate Manager of
L.M.S. Schools.
2. The case put forward for the petitioner in
the Writ Petition, in a nut shell, is the
following:
As per the guidelines issued by the Government
75% of the posts of Lab Assistants shall be filled
up by direct recruitment and 25% of the posts shall
be filled up by appointment by transfer from among
the Peons. Two Peons, namely, Selvamony, and
Sarasamma were appointed in the two schools of the
Corporate Educational Agency. It is stated that
the Government sanctioned posts of Lab Assistants
only with effect from 28.3.2003 and the appointment
of the Lab Assistants were approved from the date
of sanctioning of posts. The management filled up
W.P.(C).No.25290 OF 2010 2
the resultant vacancies of Peons by promoting the
Full Time Manials. The resultant vacancies of Full
Time Manials were filled up by appointment of the
fresh hands. The District Educational Officer
rejected the approval of the appointments of Peons
and F.T.Manials on the ground that the appointment
of Lab Assistants was not approved with effect from
the date of their initial appointment. But it was
approved only from the date of sanctioning of the
posts, namely, 28.3.2003.
3. It is submitted that the management filed an
appeal against the rejection of appointment of
Peons and F.T.Manials before the Deputy Director of
Education. It is stated that in the meanwhile, the
Director of Public Instruction by Ext.P3 order
dated 8.10.2009 directed the Manager to regularize
the service of Lab Assistants from the date of
their original appointment till the date of
creation of the posts in the feeder category.
Accordingly, the Manager passed Ext.P1 order dated
W.P.(C).No.25290 OF 2010 3
16.11.2009. The Manager also filed Ext.P2
representation dated 30th November, 2009 to the
Director of Public Instruction requesting to issue
orders to the authorities to approve the
appointments of the Peons and F.T.Manials on the
basis of Ext.P1 order. The relief prayed for in
the Writ Petition is “to direct the respondent to
take a decision on Ext.P2, after affording an
opportunity of being heard to the petitioner”.
4. The learned Government Pleader submitted
that Ext.P2 is pending before the respondent.
Without expressing any opinion on the merits of the
case, it is only proper to direct the respondent to
dispose of Ext.P2 representation expeditiously.
Accordingly, the Writ Petition is disposed of as
follows:
a) The respondent shall dispose of Ext.P2
representation dated 30th November,2009
submitted by the petitioner, as
W.P.(C).No.25290 OF 2010 4
expeditiously as possible and at any
rate within 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 any other affected
party.
b) The petitioner shall produce a copy of
the Writ Petition and certified copy
of the judgment before the respondent.
K.T.SANKARAN,
JUDGE.
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