SHAJI P KURUVILA Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner challenges Ext.P16 order of the Deputy Director of Education, Kottayam, whereby, the petitioner's promotion as a Peon from the post of Full Time Menial has been refused to be approved on the ground that since the school being an uneconomic school, the vacancies should be filled up by appointing protected staff. I am not inclined to entertain the challenge against Ext.P16 order since the petitioner has an effective alternate remedy by way of revision either before the Director of Public Instruction or before the Government. But the learned counsel for the petitioner submits that the petitioner is not being paid salary even in the post of Full Time Menial, which appointment is an approved appointment.

(2.) On this question, I have heard the learned Government Pleader also. The Government Pleader could not satisfy me that the petitioner can be denied salary in the post of Full Time Menial. In the above circumstances, this writ petition is disposed of with the following directions:

(3.) The petitioner may file a revision petition against Ext.P16 either before DPI or before the Government appropriately. In the meanwhile, until the question of approval of the petitioner's promotion as a Peon is finally settled, the petitioner shall continue to be paid salary in the post of Full Time Menial.