The petitioner was appointed as Lower Primary School Assistant (LPSA for short) by the fifth respondent Corporate Manager as per Ext.P1 appointment order dated 10.6.2010 on daily wage basis for the period from 10.6.2010 to 31.3.2011 in the vacancy of Smt.R.Vimala, LPSA who was promoted as a High School Assistant with effect from 16.6.2008. 2. The petitioner's appointment as per Ext.P1 order dated 10.6.2010 was not approved. In the next academic year, the Manager appointed the petitioner as LPSA in the scale of pay of Rs.11620-20240 as per Ext.P2 appointment order dated 12.9.2011 with effect from 12.9.2011 in the vacancy of Smt.Saramma Jacob, LPSA who was promoted as Headmaster of another school. The Assistant Educational Officer, Pullad declined to approve the said appointment by order passed on 24.7.2012. The appeal filed by the Manager was rejected by the District Educational Officer, Thiruvalla by Ext.P6 order passed on 6.9.2012. Aggrieved thereby, the Manager of the school moved the Director of Public Instruction, Thiruvananthapuram under rule 8A of Chapter XIV A of the Kerala Education Rules by filing Ext.P10 representation. More or less simultaneously, the petitioner moved the Director of Public Instruction by filing Ext.P11 revision petition. Pursuant to the direction issued by this Court in Ext.P12 judgment delivered on 28.1.2013 in W.P.(C) No.2423 of 2013, the said revision petition was disposed of by the Director of Public Instruction by Ext.P13 order dated 25.4.2013. By that order, the Director of Public Instruction directed the Assistant Educational Officer, Pullad to approve the petitioner’s appointment as LPSA on daily wage basis for the period from 12.9.2011 to 31.3.2012, if there is no rule 51A claimant and the appointment is otherwise in order. Aggrieved thereby, the petitioner has filed Ext.P15 revision petition before the State Government. In this writ petition, the petitioner challenges Ext.P6 order issued by the District Educational Officer, Ext.P13 order issued by the Director of Public Instruction and seeks a writ in the nature of mandamus commanding the respondents to approve her appointment on a regular basis. In the alternative, the petitioner prays for an order directing the State of Kerala to consider Ext.P15 revision petition and pass appropriate orders thereon within a time limit to be fixed by this Court, after affording the petitioner an opportunity of being heard.
3. Heard Sri.S.Subhash Chand, learned counsel appearing for the petitioner and Smt.A.Lowsy, learned Government Pleader appearing for the State of Kerala. Perused the records. Though the learned counsel appearing for the petitioner contended, relying on Ext.P14 Government order, that the petitioner is similarly placed as the beneficiary of the said Government order and therefore the writ petition may be disposed of with a direction to the Assistant Educational Officer to approve the petitioner's appointment in view of the fact that the petitioner has already moved the Government by filing Ext.P15 revision petition invoking the jurisdiction of the Government under rule 92 of Chapter XIVA of the Kerala Education Rules, I am of the opinion that it is for the Government to consider the said claim by passing appropriate orders on Ext.P15 revision petition, after affording the petitioner an opportunity of being heard, if as on today the original of Ext.P15 revision petition has been received by the Government and it is pending.
I accordingly dispose of the writ petition with a direction to the State of Kerala to dispose of Ext.P15 revision petition dated 25.8.2013, if the original thereof has been received by the Government and is pending, expeditiously and in any event within an outer limit of three months from the date on which the petitioner produces a copy of this judgment along with a copy of the writ petition complete in all aspects before the Secretary to Government, General Education Department. The Government shall before disposing of the revision petition, issue notice to the petitioner, the Educational Officers concerned and the Manager of the School and after orders are passed, communicate copies thereof to all the parties.
vps P.N.RAVINDRAN, (JUDGE)