IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 22ND MAY 2008 / 1ST JYAISHTA 1930 WP(C).No. 15050 of 2008(N) -------------------------- PETITIONER: ------------ THE MANAGER, P.M.M.U.P.SCHOOL, P.O.CHENTRAPPINNI (EAST), THRISSUR. BY ADV. SRI.M.S.UNNIKRISHNAN SMT.K.P.GEETHA MANI SRI.M.R.ANISON SMT.S.KARTHIKA RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVT.SECRETARIAT, TRIVANDRUM. 2. THE ASSISTANT EDUCATIONAL OFFICER, VALAPPAD. BY G.P. SHRI A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. T.SANKARAN, J. ------------------------------------------------- W.P.(C) No.15050 of 2008 N ------------------------------------------------- Dated, this the 22nd day of May, 2008 JUDGMENT The petitioner is the Manager of P.M.M.U.P. School, Chentrappinni East, Thrissur. Ext.P1 is the staff fixation order for the year 2006-2007. Petitioner states that as per Ext.P1, 19 posts were sanctioned in the school from 2005- 2006 onwards. On 13.7.2007 the Assistant Educational Officer, Valappad issued Ext.P2 staff fixation order sanctioning only 13 posts by reducing six posts on the ground of want of required student strength. 2. The case of the petitioner is that on 10.7.2007, the date of inspection by the Assistant Educational Officer, there was no attendance due to continuous rain and spread of viral fever. Within seven days the petitioner made a representation to the Government and prayed for issuing directions for a re- visit. The Government, as per Ext.P3 letter dated 14.3.2008, directed the Assistant Educational Officer to conduct a re-visit. It is stated that Ext.P3 was produced before the second respondent, the Assistant Educational Officer and several requests were made to him to conduct the re-visit before the closure of the school for summer vacation. But no re-visit was made. Ext.P4 petition was filed by the petitioner before the Government under Rule 12 of Chapter XXIII of the Kerala Education Rules pointing out the grievance and praying for issuing necessary directions to the Assistant Educational Officer to issue a revised staff fixation order for the year 2007-2008 taking note of the attendance of the WP(C) No.15050/2008 2 students on the sixth working day as per the records. Ext.P4 is pending disposal before the Government. 3. The reliefs prayed for in the Writ Petition are the following:- “a) to issue a writ of mandamus or other appropriate writ order or direction directing the 1st respondent to dispose of Ext.P4 petition by directing the 2nd respondent to take all possible steps to revise Ext.P2 Staff Fixation Order on or before 1.6.2008 or at any rate, before the 6th working day of the Academic Year 2008-2009; b) to issue a writ of mandamus or other appropriate writ, order or direction directing the respondents to sanction 19 posts to the petitioner's school during the Academic Year 2007-2008, dehors Ext.P2 Staff Fixation Order and further directing the 2nd respondent to pass all consequential orders treating all the 5 teachers through out as per Ext.P2 order as regular teachers of petitioner's school during the Academic Year 2007-2008; and c) to pass such other and further orders as are deemed just and necessary in the facts and circumstances of the case.” 4. Heard learned counsel for the petitioner and learned Government Pleader. Learned Government Pleader submitted that Ext.P4 will be considered by the Government after affording an opportunity of being heard to the petitioner. Accordingly, the Writ Petition is disposed of directing the first respondent WP(C) No.15050/2008 3 to dispose of Ext.P4 petition expeditiously and at any rate within one month, after affording an opportunity of being heard to the petitioner. The petitioner will be free to produce such relevant records before the first respondent at the time of hearing of Ext.P4. K.T.SANKARAN, JUDGE. cks