IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 15TH JANUARY 2009 / 25TH POUSHA 1930 WP(C).No. 1622 of 2009(R) PETITIONER: --------------- REENA A.A., VILAYIL VEEDU, VENNICODE P.O., CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM. BY ADV. SRI.R.ANILKUMAR SRI.P.BANI RESPONDENTS: --------------- 1. DIRECTOR OF PUBLIC INSTUCTION, THIRUVANANTHAPURAM. 2. DISTRICT EDUCATIONAL OFFICER, ATTINGAL. 3. MANAGER, SNV HSS, NEDUNGANDA P.O., PIN 695 307 (VIA), KADAKKAVUR. 4. STATE OF KERALA, REP. BY SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C) NO. 1622 OF 2009 R ------------------------------------------------------ Dated this the 15th January, 2009 JUDGMENT The petitioner states that she was first appointed as Upper Primary School Assistant with effect from 15.11.1999 and she worked for 62 days. That appointment was approved. It is also stated that from 5.6.2000, the petitioner was appointed as H.S.A. (SS) and that appointment was also approved. After the staff fixation, the petitioner was adjusted against the vacant post of H.S.A.(English) during the year 2003-04. It is stated that the staff fixation was revised and consequently, the petitioner was retrenched. Against the staff fixation order, the petitioner has filed Ext.P2 Revision under Rule 12E(3) of Chapter XXIII of the Kerala Education Rules. Ext.P2 Revision is pending disposal. 2. The reliefs prayed for in the Writ Petition are the following: “(a) to issue a writ of mandamus or other appropriate writ, direction or order commanding the respondents 1 to 3 to reinstate the petitioner in service as H.S.A. in the school managed by the third respondent with effect from 15.7.2007 onwards with salary and allowance holding that sending out the petitioner from service for the alleged want of vacancy is highly illegal; (b) to issue such other writ, direction or order which deem fit for the facts and circumstance of the case so as to dispose of the Ext.P2 appeal on merits giving opportunity to the petitioner being heard.” W.P.(C) NO. 1622 OF 2009 :: 2 :: 3. Learned counsel for the petitioner submits that, for the present, the petitioner confines her relief to relief (b). Learned Government Pleader submitted that Ext.P2 Revision (though it is mentioned as Ext.P2 appeal) would be disposed of expeditiously by the Director of Public Instruction. In the facts and circumstances of the case, the Writ Petition is disposed of as follows: a) Director of Public Instruction shall dispose of Ext.P2 Revision, 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, the Manager and any other affected party. b) The petitioner shall produce certified copy of the judgment and a copy of the Writ Petition before the Director of Public Instruction. c) The petitioner shall send a copy of the Writ Petition and a copy of the judgment to the Manager of the School by registered post and shall produce proof of the same before the Director of Public Instruction. (K.T.SANKARAN) Judge ahz/