IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 28TH JANUARY 2009 / 8TH MAGHA 1930 WP(C).No. 2855 of 2009(M) ------------------------- PETITIONER: --------------- RENCHU.R, W/O.SURESH.P,MAMKOOTTATHIL HOUSE, MEZHUVELI.P.O, PATHANAMTHITTA (HIGH SCHOOL ASSISTANT (MATHS)(RETRENCHED),PADMANABHODAYAM HIGHER SECONDARY SCHOOL, MEZHUVELI,PATHANAMTHITTA. BY ADV. SRI.S.SUBHASH CHAND SMT.M.P.MARY RESPONDENTS: --------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. THE DISTRICT EDUCATIONAL OFFICER,OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, CHAVAKKAD. 4. THE DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, THIRUVALLA. 5. THE CORPORATE MANAGER, S.N.TRUST SCHOOL, KOLLAM. BY GOVT. PLEADER SHRI.T.T.MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ---------------------------------------------- W.P(C) No. 2855 of 2009-M --------------------------------------------- Dated this the 28th January, 2009. J U D G M E N T The reliefs prayed for in the Writ Petition are the following: “i) To issue a writ in the nature of certiorari or any other appropriate writ or order quashing Ext.P9 order passed by respondent No.4; ii) To issue a writ in the nature of mandamus or any other appropriate writ or order directing respondent No.4 to disburse salary and allowances to the petitioner from 24.6.2003 to 28.6.2006 in the post of HSA (Maths) in PHSS, Mezhuveli in view of Ext.P4 order passed by respondent No.2 and Ext.P11 Government order, within such time as this Hon'ble Court may deem fit and proper in the interest of justice; iii) To issue a writ in the nature of mandamus or any other appropriate writ or order directing respondent Nos. 4 & 5 to issue appropriate orders for accommodating the petitioner in a regular post of HSA (Maths) by way of regularising her appointment with effect from 24.6.2003 and 28.6.2006 onwards in view Ext.P4 order by which respondent No.2 has set aside her illegal retrenchment read with Ext.P11 Government Order within such time as this Hon'ble Court may deem fit and proper in the interest of justice; iv) To issue a writ in the nature of mandamus or any other appropriate writ or order directing respondent No.2 to consider and pass final orders on Ext.P12 statutory revision petition with notice and opportunity of hearing to the petitioner and respondent No.5 within such time as this Hon'ble Court may deem fit and proper in the interest of justice. v) To issue a declaration that the petitioner is liable to be accommodated in service by way of regularising her service with effect from 24.6.2003 and 28.6.2006 onwards and accommodate her in a regular sanctioned vacancy of HSA (Maths) in view of Ext.P4 order by which her retrenchment from service was set aside by respondent No.2 and also in view of her preferential right under Rule 51A Chapter XIVA KER by respondent Nos.4 and 5; W.P(C) No. 2855 of 2009-M 2 vi) To mould and grant such other reliefs, as this Hon'ble Court shall deem just and proper in the interest of justice, including costs.” 2. The learned counsel for the petitioner submitted that for the time being the petitioner confines her reliefs to relief No.4. Ext.P12 is the statutory revision filed by the petitioner challenging Ext.P9 order passed by the District Educational Officer. It is necessary to dispose of Exhibit P12 expeditiously in view of the peculiar facts and circumstances of the case. The learned Government Pleader submitted that revision will be disposed of without delay. 3. In the facts and circumstances of the, the Writ Petition is disposed of directing the Director of Public Instruction (2nd respondent) to consider and dispose of Ext.P12 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 as well as the 5th respondent. The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the Director of Public Instruction. The petitioner shall also send a copy of the judgment and copy of the Writ Petition to the 5th respondent by registered post and shall produce the proof of the same before the Director of Public Instruction. K.T.SANKARAN ab JUDGE W.P(C) No. 2855 of 2009-M 3 ab W.P(C) No. 2855 of 2009-M 4 W.P(C) No. 2855 of 2009-M 5 W.P(C) No. 2855 of 2009-M 6