IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 19TH MAY 2010 / 29TH VAISAKHA 1932 WP(C).No. 15264 of 2010(G) -------------------------- PETITIONER(S): --------------- LIZY GEORGE, W/O MATHEW VARGHESE HSA (MATHS), GURUDEVA HIGH SCHOOL PIRAVANTHOOR P.O, PATHANAPURAM, PATHANAMTHITTA DISTRICT. BY ADV. SRI.VIJAI MATHEWS RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY EDUCATION DEPARTMENT. 2. DIRECTOR OF PUBLIC INSTRUCTION THIRUVANANTHAPURAM. 3. DISTRICT EDUCATIONAL OFFICER PUNALUR 4. MANAGER, GURUDEVA H.S, PIRAVANTHOOR P.O PATHANAPURAM, PATHANAMTHITTA DISTRICT. GOVT.PLEADER SRI.DILEEP MOHAN R1-R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO. 15264 OF 2010 -------------------------------------------- Dated this the 19th day of May, 2010 JUDGMENT The petitioner was appointed as High School Assistant (Mathematics) on 5.6.2000 in Gurudeva High School, Piravanthoor, Pathanamthitta and since then, she has been continuing in the said post. Ext.P2 is the staff fixation order for the year 2007-08 in respect of the Gurudeva High School, wherein the petitioner is working. As per Ext.P1 dated 11.3.2010, the second respondent reversed Ext.P2 staff fixation order and as a result the petitioner is now facing retrenchment. In the said circumstances, the petitioner has preferred Ext.P4 revision petition before the Government under Rule 12F Chapter XXIII of Kerala Education Rules, 1958 for short 'the Rules' only. Along with Ext.P4 revision petition a stay petition was also filed. No orders have been passed by the first respondent on the stay petition as also on the revision petition, it is submitted. 2. Ext.P4 is a statutory revision petition filed by the petitioner under Rule 12F of Chapter XXIII of the Rules and therefore, the first respondent is bound to consider the same and pass orders thereon. The W.P.(C) NO.15264/2010 2 learned Government Pleader submits that no document has been produced by the petitioner to prove the factum of filing of Ext.P4 revision petition. Therefore, without making any observations as to the merits of the contentions raised by the petitioner, this Writ Petition is disposed of with a direction to the first respondent to consider Ext.P4 revision petition, if received, expeditiously, at any rate, within a period of two months from the date of receipt of a copy of this judgment. The learned counsel appearing for the petitioner submits that the petitioner has also preferred a stay petition along with Ext.P4 revision petition. In case the said stay petition in Ext.P4 is pending before the first respondent, the same shall be taken up first and orders thereon shall be passed within a week from the date of receipt of a copy of this judgment. In case the petitioner is not relieved as on today pursuant to Ext.P1 order, she shall not be retrenched till a decision is taken by the first respondent on the stay petition filed by the petitioner in Ext.P4 revision petition. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.15264/2010 3 C.T. RAVIKUMAR, J. W.P.(C). NO.15264 /2010 JUDGMENT 19th May, 2010 W.P.(C) NO.15264/2010 4