IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 17TH DECEMBER 2009 / 26TH AGRAHAYANA 1931 WP(C).No. 28693 of 2009(F) ----------------------------------------- PETITIONER(S): ------------------------ A.JAYALEKSHMI, HEADMISTRESS, R.V.S.M. HIGHER SECONDARY SCHOOL, PRAYAR P.O., OCHIRA - 690 547. BY ADVS. MR.P.B.SAHASRANAMAN, MR.K.JAGADEESH, MR.T.S.HARIKUMAR. RESPONDENT(S): --------------------------- 1. THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, ALAPPUZHA. 4. THE DISTRICT EDUCATIONAL OFFICER, MAVELIKKARA. 5. THE MANAGER, R.V.S.H.S.S., PRAYAR P.O, OCHIRA - 690 547. BY SR. GOVERNMENT PLEADER SMT. M.R. SREELATHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.28693/2009 F APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE ORDER OF THE 2ND RESPONDENT DTD. 21/06/2006. P2: COPY OF THE ORDER OF THE 4TH RESPONDENT DTD. 31/07/2006. P3: COPY OF THE REVISION PETITION FILED BY THE PREVIOUS MANAGER BEFORE THE 1ST RESPONDENT, DTD. 28/07/2006. P4: COPY OF THE ORDER OF THE 1ST RESPONDENT DTD. 28/03/2007. P5: COPY OF THE LETTER NO.B3/4482/2007 DTD. 19/09/2007 ISSUED BY THE 4TH RESPONDENT. P6: COPY OF THE JUDGMENT IN W.A.NO.30 OF 2008 DTD. 01/02/2008. P7: COPY OF THE REVIEW PETITION DTD. 12/02/2008 ALONG WITH THE DOCUMENTS. P8: COPY OF THE MEMO OF CHARGES ALONG WITH THE STATEMENT OF ALLEGATION, DTD. 12/01/2009. P9: COPY OF THE REPLY SUBMITTED BY THE PETITIONER TO THE 4TH RESPONDENT, DTD. 30/01/2009. P10: COPY OF THE REQUEST OF THE PETITIONER ADDRESSED TO THE 4TH RESPONDENT, DTD. 24/02/2009. P11: COPY OF THE REPRESENTATION OF THE MANAGER BEFORE THE 1ST RESPONDENT, DTD. 05/03/2009. P12: COPY OF THE REPRESENTATION OF THE MANAGER BEFORE THE 1ST RESPONDENT DTD. 20/05/2009. P13: COPY OF THE REPRESENTATION SUBMITTED BY THE 5TH RESPONDENT, BEFORE THE 2ND RESPONDENT DTD.22/03/2009. P14: COPY OF THE NOTICE, DTD. 23/09/2009 ADDRESSED TO THE PETITIONER BY THE 3RD RESPONDENT. P15: COPY OF THE REVISION PETITION FILED BY THE PETITIONER ON 19/10/2005 BEFORE THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 28693 of 2009-F - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of December, 2009. JUDGMENT The petitioner is the Headmistress of RVSM Higher Secondary School, Prayer. The hardship that is sought to be redressed by the petitioner is in connection with the super check inspection conducted in the school on 14.10.2005. By Ext.P1, three divisions and three posts were reduced with effect from 15.7.2005. A revised staff fixation order was issued as per Ext.P2. 2. The Manager had challenged Ext.P2 order as per Ext.P3 revision petition which was rejected by Ext.P4. It is the case of the petitioner that she was not heard at the time of disposal of the revision petition. The earlier Manager filed W.P.(C) No.32402/2007 which was dismissed. The Writ Appeal filed against the same (W.A. No.30/2008) was also dismissed. Thereafter, the Manager filed a review petition before the first respondent as per Ext.P7. 3. The petitioner was issued with a memo of charges, Ext.P8 which was replied by Ext.P9. The petitioner thereafter approached the first respondent by Exts.P11 and P12 and the 5th respondent Manager had also wpc 28693/2009 2 approached the second respondent by Ext.P13. Ultimately, a liability to the tune of Rs.2,33,464/- was fixed against the petitioner, by Ext.P14. Now the petitioner has challenged the same by filing Ext.P15 before the Government. 4. While admitting the writ petition, this Court had granted an interim order staying Ext.P14 which was being extended from time to time. Learned counsel for the petitioner prayed that the first respondent may be directed to take a decision on Ext.P15 within a time frame, after hearing all the necessary parties. 5. Learned Govt. Pleader submitted that Ext.P15 is actually filed against an order passed in the year 2006, but learned counsel for the petitioner explained that there is no particular time limit for filing the same. The entire matter is open for consideration by Government. Therefore, there will be a direction to the first respondent to consider and pass orders on Ext.P15 on merits, after hearing the petitioner, the Manager and the other affected teachers, within a period of four months from the date of receipt of a copy of this judgment. Till a final decision is taken, the implementation of Ext.P14 will be kept in abeyance. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/