High Court Kerala High Court

V.I.Jacob vs District Education Officer on 28 May, 2009

Kerala High Court
V.I.Jacob vs District Education Officer on 28 May, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 13629 of 2009(W)


1. V.I.JACOB, S/O.V.K.ITTIRAKUTTY,
                      ...  Petitioner

                        Vs



1. DISTRICT EDUCATION OFFICER,
                       ...       Respondent

2. DEPUTY DIRECTOR OF EDUCATION,

3. CORPORATE MANAGER,

4. P.A.SUDHEER, S/O.LATE P.C.AYYAPPAN,

                For Petitioner  :SRI.P.K.BEHANAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR

 Dated :28/05/2009

 O R D E R
                  T.R. RAMACHANDRAN NAIR, J.
               ---------------------------------------
                   W.P.(C) No.13629 OF 2009
               ---------------------------------------
             Dated this the 28th day of May, 2009.


                         J U D G M E N T

The petitioner is working as Clerk in the St.George High

School, Thozhiyoor. He was appointed initially as Full Time

Menial on 01.08.1989 and thereafter he was promoted as Peon

on 01.06.1994. The petitioner was promoted as Clerk on

28.08.2008. His appointments as Full Time Menial and Peon

have been approved by the District Educational Officer at the

relevant point of time. But his promotion as Clerk was not

approved, which is evident from Exhibit P1 order.

2. Against Exhibit P1 order, the Manager has filed an

appeal, Exhibit P2, before the Deputy Director of Education (2nd

respondent). The said appeal is pending. The 4th respondent is

said to be a Rule 51B claimant. According to the petitioner, the

claim of the 4th respondent cannot be sustained and the petitioner

being a claimant under Rule 43 Chapter XIV A of K.E.R, it has

got precedence. Petitioner prays that the appeal, Exhibit P2, may

W.P.(C) No.13629/09 2

be directed to be disposed of within a time limit as otherwise, the

payment of salary and other benefits will be delayed.

There will be a direction to the 2nd respondent to hear and

dispose of Exhibit P2 appeal, with notice to the petitioner and

respondents 3 and 4, within a period of two months from the

date of receipt of a copy of this judgment.

This writ petition is disposed of as above.

T.R. RAMACHANDRAN NAIR
JUDGE

smp