MUHAMMED SHABEER Vs. LAJNATHUL MUHAMMADIYA HIGHER SECONDARY SCHOOL

JUDGEMENT

(1.) The Petitioner who is working as Laboratory Assistant in the Higher Secondary section of Lajnathul Muhammadiya High School, Alappuzha filed this Writ Petition seeking declaration that the appointment of the fourth Respondent to the post of Lower Division Clerk in the High School section of the said school is illegal and that he is entitled to be promoted to the said post of L.D. Clerk that arose with effect from 1.7.2005. The further prayer is for issuance of a writ of mandamus commanding the first Respondent-Manager to promote the Petitioner to the post of L.D.C in the high school section of the said school forthwith.

(2.) The claim of the Petitioner for the aforesaid reliefs are founded on the following factual matrix:

(3.) Earlier, raising grievance of delay in the matter of disposal of his representations and inaction on the part of the first Respondent to consider his claim for promotion, the Petitioner had approached this Court by filing Writ Petition No. 18470/2005. It was disposed of as per Ext.P6 judgment with a direction to the first Respondent to dispose of Ext.P3 representation therein within six weeks from the date of production of copy of the judgment. According to the Petitioner, ignoring the information regarding Ext.P6 judgment, hasty steps were taken by the first Respondent and a written test and interview were respectively conducted on 25.6.2005 and 29.6.2005. In fact, according to the Petitioner, the fourth Respondent was selected based on the said written test and interview and was given appointment orally and even without signing the attendance register he is performing his duties. Later, based on Ext.P6 judgment, the first Respondent has considered the representation submitted by the Petitioner and rejected the same as per Ext.P7 order dated 11.7.2005. It is in the said circumstances that the Petitioner approached this Court by filing this Writ Petition with the aforementioned prayers.