IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 5TH OCTOBER 2010 / 13TH ASWINA 1932 WP(C).No. 34074 of 2009(D) -------------------------- PETITIONER(S): --------------- ASHA RANI, KARUTATTIL, KARAZHMA WEST, CHERUKOLE.P.O, MAVELIKARA. BY ADV. SRI.R.KRISHNA RAJ RESPONDENT(S): --------------- 1. THE MANAGER, V.H.S.S. KURATTIKADU, MANNAR.P.O, MAVELIKARA. 2. D.E.O, MAVELIKKARA. ADDITIONAL 3RD RESPONDENT 3. SECRETARY TO GOVERNMENT DEPARTMENT OF EDUCATION SECRETARIATE, THIRUVANANTHAPURAM. IMPLEADED AS PER THE ORDER DATED 5.10.2010 GOVERNMENT PLEADER SRI.A.J.VARGHESE ADV. SRI.GEORGE JACOB (JOSE) FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 34074/2009 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE NOTICE EXT.P2: COPY OF THE REPLY OF THE PETITIONER EXT.P3: COPY OF THE ADVOCATE NOTICE. EXT.P4: COPY OF THE PETITION FILED BY THE PETITIONER. EXT.P5: COPY OF THE JUDGMENT IN W.P.NO.24999/2009 EXT.P6: COPY OF THE ORDER OF THE SECOND RESPONDENT. EXT.P7: COPY OF THE PETITION FILED BY THE PETITIONER. EXT.P8: COPY OF THE PETITION FILED BY THE PETITIONER. /TRUE COPY/ P.A. TO JUDGE K.T.SANKARAN, J. --------------------------------------------- W.P(C).No.34074 of 2009 --------------------------------------------- Dated this the 5th day of October, 2010 JUDGMENT The petitioner alleges that while working as Computer Instructor in Bhuvaneswari Higher Secondary Education, which is a recognised school managed by the first respondent, she was not allowed to sign the attendance register. According to the petitioner, she had applied for leave and the Manager had agreed to sanction the same. However, when she went to the school after the leave period, she was not allowed to join duty. Since the petitioner could not continue her duty as a teacher, she approached the District Educational Officer who passed Ext.P6 order dated 23.10.2009 directing the Manager to reinstate the petitioner in service. The District Educational Officer found that the petitioner was working in the school for the last four years and that admittedly there was no complaint from the students or the parents. The Manager challenged Ext.P6 order before the Deputy Director of Education. The Deputy Director passed Ext.P8 order dated 20.2.2010 confirming WPC No.34074 of 2009 2 the order passed by the District Educational Officer. 2. The Writ Petition was filed for the relief of reinstating the petitioner on the basis of Ext.P6 order. Later, Ext.P8 order was passed by the Deputy Director. 3. The learned counsel appearing for the Manager submitted that against Ext.P8 order passed by the Deputy Director, the Manager has filed a revision dated 27.7.2010 (Ext.R1-A) before the Government and that the said revision is pending. The learned counsel for the petitioner submitted that Ext.P8 order was passed on 20.2.2010 and copy of that order was produced in the Writ Petition on 7.7.2010 along with I.A.No.9289 of 2010. The Manager did not file revision till he received notice by special messenger in this Writ Petition, on 14.7.2010. The learned counsel appearing for the Manager submitted that it is true that the revision was field after the notice was received in the Writ Petition. 4. It is fairly clear that the matter is now pending before the Government. Therefore, I do not think it is necessary to consider the Writ Petition on the merits. It is sufficient, to secure the ends of justice, to direct the additional third WPC No.34074 of 2009 3 respondent to dispose of Ext.R1-A revision within a period of two months from the date of receipt of a copy of the judgment. Accordingly, the Writ Petition is disposed of as follows: The additional third respondent shall dispose of Ext.R1-A revision dated 27.7.2010 filed by the Manager, 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 and the Manager. K.T.SANKARAN, JUDGE csl