IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 21ST DECEMBER 2010 / 30TH AGRAHAYANA 1932 WP(C).No. 34873 of 2010(H) PETITIONER: --------------- SMT.SUMI GEORGE, HSA (MATHS), MAHS, KAKKANAD, RESIDING AT CHANTHYATHIL HOUSE, AQUADUCT ROAD, KANGARAPPADY.P.O., KOCHI-682 021. BY ADV. SRI.ABRAHAM VAKKANAL, SENIOR ADVOCATE SRI.PAUL ABRAHAM VAKKANAL SRI.DIJO SEBASTIAN SMT.VINEETHA SUSAN THOMAS RESPONDENTS: --------------- 1. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM-695 014. 2. THE DEO, ALUVA, PIN.683 101. 3. THE MANAGER, MAHS, KAKKANAD, ERNAKULAM DISTRICT. PIN-682 030. 4. V.K.BENNY, HSA (NS), MAHS, KAKKANAD, ERNAKULAM DISTRICT. PIN-682 030. R4 BY SENIOR ADV. SMT.V.P.SEEMANDINI SRI.K.S.ARUN KUMAR ADV.SRI.V.A.MUHAMMED FOR R3 SRI.K.E.HAMZA FOR R3 GOVERNMENT PLEADER SMT.M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C). NO.34873 OF 2010 ------------------------------------------------------ Dated this the 21st day of December, 2010 JUDGMENT The petitioner is working as H.S.A.(Maths) in MAHS, Kakkanad. It is stated that she has regular approved service from 5.6.2000. As per Ext.P7 staff fixation order for the academic year 2010-11, it was provided thus: “The excess H.S.A.(Maths) Smt.Sumi George (Service from 5.6.2000) is retrenched w.e.f.15.7.10.” 2. Aggrieved by Ext.P7 staff fixation order, the petitioner filed Ext.P9 revision dated 11.11.2010 before the Director of Public Instruction. On 11.11.2010, the District Educational Officer issued Ext.P10 notice to the petitioner, the Manager and the Headmistress proposing to conduct a hearing on the petition submitted by the petitioner. It is submitted by the counsel for the petitioner as well as the counsel appearing for the respondents that the hearing contemplated as per Ext.P10 is not very relevant in view of Ext.P7 staff fixation order and in view of the pendency of Ext.P9 revision. W.P.(C) NO.34873 OF 2010 H :: 2 :: 3. The reliefs prayed for in the Writ Petition are the following: “(i) to issue a writ of mandamus or other appropriate writ or direction commanding the 1st Respondent to dispose of Ext.P9 Revision Petition, after affording the petitioner an opportunity of being heard within a time frame and that till that time, the retrenchment of the petitioner and grant of approval to the new appointment of H.S.A.(NS) may be stayed; (ii) to issue a writ of mandamus or other appropriate writ or direction commanding the 2nd Respondent not to proceed with the hearing proposed pursuant to Ext.P10 notice and not to grant approval to the appointment of the 4th respondent, till Ext.P9 revision petition is disposed of by the 1st respondent. (iii) grant such other reliefs which this Hon'ble Court deems just and proper to be granted on the facts of the case.” 4. Learned counsel for the petitioner submitted that, for the time being, it would be sufficient if Ext.P9 Revision is directed to be disposed of expeditiously, keeping the interim order dated W.P.(C) NO.34873 OF 2010 H :: 3 :: 22.11.2010 alive. As per the interim order dated 22.11.2010, the retrenchment of the petitioner, as per Ext.P7, was stayed for a period of one month. 5. Heard the learned counsel for the petitioner, learned counsel appearing for the Manager and the learned counsel appearing for the fourth respondent. In the facts and circumstances of the case, the Writ Petition is disposed of as follows: a) The Director of Public Instruction shall consider and dispose of Ext.P9 Revision dated 11.11.2010 filed by the petitioner, as expeditiously as possible and, at any rate, within a period of two months from the date of receipt of a copy of the judgment, after affording an opportunity of being heard to the petitioner, respondents 3 and 4 and any other affected party. b) The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the Director of Public Instruction. W.P.(C) NO.34873 OF 2010 H :: 4 :: c) Pending disposal of Ext.P9 Revision, the interim order dated 22.11.2010, staying retrenchment of the petitioner as per Ext.P7, shall continue to be in operation. d) The contentions of the parties are left open. (K.T.SANKARAN) Judge ahz/