IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 17TH AUGUST 2010 / 26TH SRAVANA 1932 WP(C).No. 12643 of 2010(E) --------------------------------------- PETITIONER(S): ------------------------- ALEYAMMA ABRAHAM, HSA (SOCIAL SCIENCE) VICTORY VHSS, OLATHANNI, NEYYATTINKARA, THIRUVANANTHAPURAM. BY ADVS. SRI.K.PRAVEEN KUMAR SRI.V.A.MUHAMMED SRI.M.SAJJAD RESPONDENT(S): -------------------------- 1. STATE OF KERALA,REP.BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATIONAL DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, TRIVANDRUM. 3. THE DISTRICT EDUCATIONAL OFFICER, NEYYATTINKARA. 4. THE PRINCIPAL, VICTORY VHSS, OLATHANNI, NEYYATTINKARA. 5. THE MANAGER, VICTORY VHSS, OLATHANNI, NEYYATTINKARA. 6. N.R.S.VIJAYAKUMAR, HSA (ENGLISH), VICTORY VHSS, OLATHANNI, NEYYATTINKARA. 7. DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. R1 TO R3 & R7 BY GOVT. PLEADER SRI.SANDESH RAJA R6 BY BY ADV. SRI.S.JAMES VINCENT THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.12643/2010 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE APPOINTMENT ORDER OF THE 6TH RESPONDENT. P2:- COPY OF THE RELEVANT PORTION OF ACQUAINTANCE ROLL. P3:- COPY OF THE REPRESENTATION SENT BY THE PETITIONER TO THE 3RD RESPONDENT DTD. 5.7.2008. P4:- COPY OF THE REPRESENTATION SENT BY THE PETITIONER TO THE IST RESPONDENT DTD. 8.8.08. P5:- COPY OF THE REPLY SENT BY THE 3RD RESPONDENT TO THE 6TH RESPONDENT DTD. 16.1.2009. P6:- COPY OF THE G.O(P) NO.75/99/G.EDN. DTD. 26.7.99. P7:- COPY OF THE JUDGMENT IN WPC. 5507/09 OF THIS HONOURABLE COURT. P7(A):- COPY OF THE LETTER SENT BY THE SIT RESPONDENT DTD. 30.7.2009. P7(B):- COPY OF THE ARGUMENTS NOTES SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT. P8:- COPY OF THE G.O.(MS) NO.177/88/G.EDN. DTD. 7.12.88. P9:- COPY OF THE G.O.(MS) 5/89/G.EDN. DTD. 24.1.89. P10:- COPY OF THE ORDER OF THE 3RD RESPONDENT DTD. 31.8.2009. P11:- COPY OF THE ORDER NO.B4 2132/10 DTD. 31.3.2010 OF THE 3RD RESPONDENT. P12:- COPY OF THE BA CERTIFICATE ISSUED TO THE PETITIONER. P12(A):- COPY OF THE B.ED CERTIFICATE ISSUED TO THE PETITIONER. P13:- COPY OF THE STAFF FIXATION ORDER FOR THE EYAR 2008-09. P14:- COPY OF THE STAFF FIXATION FOR THE YEAR 2009-10. P15:- COPY OF THE ORDER OF THE 2ND RESPONDENT DTD. 31.3.2010. P16:- COPY OF THE G.O.(MS) NO.338/2000/G.EDN. DTD. 10.10.2000. P17:- COPY OF THE G.O.(MS) NO.352/2000/G.EDN. DTD. 25.10.2000. P18:- COPY OF THE REVISION PETTIION FILED BEFORE THE GOVERNMENT DTD. 30.7.2010. W.P.(C) NO.12643/2010 P19:- COPY OF THE LETTER OF THE DEO DTD. 21.4.2010. P19(a):- COPY OF THE DO. OF THE PRINCIPAL DTD. 23.4.2010. RESPONDENT'S EXHIBITS R6(a):- COPY OF THE SENIORITY LSIT FOR 2000-01. R6(b):- COPY OF THE STAFF STATEMENT FOR 2001-02. R6(c):- COPY OF THE STAFF STATEMENT FOR 2002-2003. R6(d):- COPY OF THE STAFF STATEMENT FOR 2003-04. R6(e):- COPY OF THE STAFF STATEMENT FOR 2004-2005. R6(f):- COPY OF THE STAFF STATEMENT FPR 2005-06. R6(q):- COPY OF THE STAFF STATEMENT FOR 2006-07. R6(h):- COPY OF THE STAFF STATEMENT FOR 2007-08. R6(i):- COPY OF THE STAFF STATEMENT FOR 2008-09. R6(j):_ COPY OF THE ATTENDANCE REGISTER FOR DECEMBER, 2003. R6(k):- COPY OF THE G.O.(M,S) NO.11/2002/G.EDN. DTD. 7.1.2002 WITH G.O.(MS) 187/2003/G.EDN. DTD. 16.7.2003. R6(l):- COPY OF THE ARGUMENT NOTES SUBMTITED BY THE 6TH RESPONDENT TO THE GOVERNMENT ON 13.8.2009. R6(m):- COPY OF THE G.O.(MS) 240/2000/G.EDN. DT. 24.7.2000. R6(n):- COPY OF THE G.O.(P)4/2005/G.EDN. DTD. 4.1.2005. R6(o):- COPY OF THE APPOINTMENT ORDER DTD. 6.6.2001. R6(p):- COPY OF THE ORDER NO.RA(1)38730/2010/DPI DTD. 9.7.2010 TRUE COPY P.A. TO JUDGE tss C.T. RAVIKUMAR, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P. (C) No. 12643 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of August, 2010 J U D G M E N T This writ petition has been filed challenging Ext.P11 order whereby the petitioner was ordered to be reverted from the post of High School Assistant as Upper Primary School Assistant from the academic year 2009-2010 and the 6th respondent was directed to be retained as HSA from 2009-2010. The said order was issued after revising the original staff fixation order. Aggrieved by Ext.P11 order, the petitioner has approached the first respondent through Ext.P18 revision petition under Rule 92 of Chapter XIV A of KER. However, Ext.P11 order has already taken its effect and by virtue of the same, the petitioner is presently working as UPSA and the 6th respondent has been retained as HSA. Pursuant to Ext.P11 and pending Exts.P18, P19 and P19(a) have been issued by the 3rd respondent. There is a proposal to re-fix the salary of the petitioner. The apprehension of the petitioner is that in the light of Exts.P11, P18, P19 and P19 (a) there is a likelihood of effecting recovery from his salary pending decision on Ext.P18. The respondents have filed counter affidavit in the writ petition. In view of the fact that the petitioner WPC.12643/2010 : 2 : has already availed statutory remedy and filed Ext.P18 revision petition and it is now, pending before the first respondent, I am of the view that it is unnecessary to go into the merits of the rival contentions raised in this writ petition at this stage. Therefore, without making any observation as to the merits of the rival contentions, this writ petition is disposed of with a direction to the first respondent to consider and pass orders on Ext.P18 revision petition expeditiously, at any rate within a period of three months from the date of receipt of a copy of this judgment with notice to the petitioner, respondents 5 and 6. 2. In the light of Exts.P19 and P19(a) the apprehension of the petitioner is that steps might be taken to effect recovery from his salary. It will be open to the petitioner to move the first respondent in Ext.P18 revision petition itself for getting a stay of recovery pursuant to Ext.P11, within a period of two weeks from the date of receipt of a copy of this judgment. In case, the petitioner moves such a stay petition, the first respondent shall take up the same and pass orders thereon within a period of two weeks from its receipt. Till such time no steps for effecting recovery pursuant to Ext.P11 shall be taken. Sd/- (C.T. RAVIKUMAR, JUDGE) jma //true copy// P.A to Judge