IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 31326 of 2010(M)
1. MUHAMMED IQBAL PUTHALATH,
... Petitioner
Vs
1. THE STATE OF KERALA REPRESENTED BY ITS
... Respondent
2. THE DIRECTOR OF PUBLIC INSTRUCTION,
3. THE DISTRICT EDUCATIONAL OFFICER,
4. THE MANAGER, KOODALI HIGH SCHOOL,
For Petitioner :SRI.V.A.MUHAMMED
For Respondent : No Appearance
The Hon'ble MR. Justice K.T.SANKARAN
Dated :13/10/2010
O R D E R
K.T.SANKARAN, J.
---------------------------------------------
W.P.(C).No.31326 of 2010
---------------------------------------------
Dated this the 13th day of October, 2010
JUDGMENT
In the manner in which I propose to dispose of the Writ
Petition, I do not think it is necessary to issue notice to the
fourth respondent. Government Pleader takes notice for
respondents 1 to 3.
2. The petitioner was appointed as HSA (Urdu) in
Koodali High School from 30.7.2009 against the retirement
vacancy of P.P.Ravindran, who retired on 31.3.2009 as Full Time
HSA (Urdu). It is stated that P.P.Ravindran was appointed as
L.G.Urdu Teacher in the U.P. Section of the school in the year
1983; and in 1986, he was promoted as Full Time HSA (Urdu).
The post against which the petitioner was appointed was not
sanctioned by the District Educational Officer as per the Staff
Fixation Order 2009-2010 evidenced by Exhibit P2. Challenging
Exhibit P2, the petitioner filed Exhibit P8(a) revision under Rule
12E of Chapter XXIII of the Kerala Education Rules. The
WPC No.31326/2010 2
revision is pending disposal. Since Exhibit P8(a) was not
disposed of, the petitioner filed Exhibit P9 dated 20.9.2010
before the Government.
3. The reliefs prayed for in the Writ Petition are the
following :
“(i) issue a writ of mandamus or other
appropriate writ order or direction
commanding the third respondent to grant
approval to Exhibit P1 appointment order.
(ii) declare that the fourth respondent
school is entitled to have continuous sanction
for full-time post of High School Assistant
(Urdu).
(iii) issue a writ of mandamus or other
appropriate writ order or direction
commanding the first respondent to effectively
consider and pass appropriate orders upon
Exhibit P9 after affording an opportunity of
being heard to the petitioner within a time
WPC No.31326/2010 3
limit.
(iv) pass such other order or direction
which this Hon’ble Court may deem fit and
proper to grant in the circumstances of the
case.”
4. The learned counsel for the petitioner submitted that
since Exhibit P8(a) revision is pending before the Director of
Public Instruction, it is only proper that the Director of Public
Instruction considers the revision on the merits.
In the facts and circumstances of the case, the Writ Petition
is disposed of as follows :
(a) The Director of Public Instruction shall consider and
dispose of Exhibit P8(a) revision, as expeditiously as
possible and at any rate, within a period of three
months from the date of receipt of a copy of the
judgment, after affording an opportunity of being
heard to the petitioner, the Manager and any other
affected party.
WPC No.31326/2010 4
(b) The petitioner shall produce certified copy of the
judgment and a copy of the Writ Petition before the
Director of Public Instruction.
(c) The petitioner shall send a copy of the Writ Petition
and a copy of the judgment to the fourth respondent
Manager by registered post and the petitioner shall
produce proof of the same before the Director of
Public Instruction.
K.T.SANKARAN
JUDGE
csl