IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 18778 of 2010(V)
1. G.SMIJA, H.S.A. (MALAYALAM)
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. TEH DEPUTY DIRECTOR OF EDUCATION,
3. THE DISTRICT EDUCATIONAL OFFICER,
4. THE MANAGER, ST.SEBASTIAN'S HIGH
For Petitioner :SRI.C.RAGHAVAN
For Respondent : No Appearance
Dated :17/06/2010
O R D E R
C.T. RAVIKUMAR, J.
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W.P.(C). NO.18778 OF 2010
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Dated this the 17th day of June, 2010
JUDGMENT
The petitioner was appointed as High School Assistant (Malayalam)
in St.Sebastian’s High School, Marutharod in Palakkad District with effect
from 7.6.2004 against a sanctioned post. However, the third respondent
declined to approve the appointment of the petitioner on the ground that
being a newly opened school, the vacancy against which the petitioner was
appointed should have been filled up by a protected H.S.A (Malayalam).
The Manager took up the matter in appeal. The same was rejected.
Thereupon, the Manager took up the matter unsuccessfully in revision.
According to the petitioner, Ext.P4 would reveal that at the relevant point
of time, there was no protected teacher available for appointment in the
district. The petitioner submits that the same position continues to be there
as is obvious from Exts.P5 and P6. The petitioner has preferred Ext.P7
revision petition before the first respondent. The said revision petition
dated 3.4.2010 is still pending before the first respondent.
2. The learned Government Pleader submitted that Ext.P7
revision petition has been filed belatedly and, therefore, it is not
W.P.(C) NO.18778/2010 2
maintainable. I am of the view that those are matters for the first
respondent to consider at the time of consideration of Ext.P7. Since
Ext.P7 revision petition is pending before the first respondent, I do not
think it necessary to go into such details at this stage. Therefore, without
making any observations as to the merits of the contentions raised by the
petitioner, this Writ Petition is disposed of with a direction to the first
respondent to consider and pass orders on Ext.P7 expeditiously, at any
rate, within a period of two months from the date of receipt of a copy of
this judgment.
.
(C.T. RAVIKUMAR, JUDGE)
spc
W.P.(C) NO.18778/2010 3
C.T. RAVIKUMAR, J.
W.P.(C). NO.18778 /2010
JUDGMENT
17th June, 2010
W.P.(C) NO.18778/2010 4