IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 6TH JULY 2009 / 15TH ASHADHA 1931 WP(C).No. 18646 of 2009(A) -------------------------- PETITIONER(S): --------------- P.A.SMITHA, W/O.RAJEEV C.MENON, MUSIC TEACHER, S.D.V. HIGH SCHOOL, PERAMANGALAM, THRISSUR DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): --------------- 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, TRIVANDRUM-14. 3. THE DISTRICT EDUCATIONAL OFFICER, THRISSUR DISTRICT. 4. THE HEADMASTER, S.D.V.HIGH SCHOOL, PERAMANGALAM, THRISSUR DISTRICT. 5. THE MANAGER, S.D.V.HIGH SCHOOL, PERAMANGALAM, THRISSUR DISTRICT. SENIOR GOVERNMENT PLEADER, SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.18646/2009-A ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 6th day of July, 2009 J U D G M E N T The petitioner herein is a Music Teacher under the fifth respondent Manager. The petitioner was suspended from service as per Ext.P3 order of the Manager. The petitioner challenged the same before the Director of Public Instruction, who passed Ext.P10 order, by which the Manager was directed to reinstate the petitioner in service. There was a further direction that the District Educational Officer will conduct detailed enquiry and furnish report to the Manager for finalising the disciplinary action against the teacher. The petitioner thereafter moved the Manager by filing Ext.P11 seeking to comply with the order. Since the Manager did not take any action, she approached the District Educational Officer also by submitting Ext.P12 representation. Ext.P13 is the copy of the memo of charges served on the petitioner. Presently, the Manager is not taking any action pursuant to the order passed by the Director of Public Instruction, contends the petitioner. The petitioner had filed a detailed representation before the Manager as per Ext.P14 against Ext.P13 memo of charges. Finally,the petitioner has approached the Director of Public Instruction by filing W.P.(C). No.18646/2009 -:2:- Ext.P16 representation. The petitioner has got a contention that since suspension has been revoked and consequential direction has been issued to reinstate the petitioner, she is entitled for pay and allowance from that date also. 2. Heard the learned Government Pleader for respondent Nos.1 to 3. 3. In view of the above circumstances, the learned counsel for the petitioner submitted that the Director of Public Instruction may be directed to take appropriate decision on Ext.P16 within a time frame. In the light of the facts pointed above, there will be a direction to the second respondent to take a decision on Ext.P16 after hearing the petitioner and the fifth respondent Manager within a period of one month from the date of receipt of a copy of this judgment. The petitioner will produce a copy of the writ petition along with a copy of the judgment before the second respondent for compliance. The writ petition is disposed of as above. (T.R. Ramachandran Nair, Judge.) ms