IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 4TH SEPTEMBER 2008 / 13TH BHADRA 1930 WP(C).No. 24013 of 2008(H) -------------------------- PETITIONER: ------------ T.N. ANANDAN, ASSISTANT TEACHER, KATAMERI U.P SCHOO, KATAMERI,KOZHIKODE. BY ADV. SRI.R.K.MURALEEDHARAN RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY SECRETARY TO GENERAL EDUCATION DEPARTMENT, TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, TRIVANDRUM. 3. THE JOINT DIRECTOR OF PUBLIC INSTRUCTIONS, OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTIONS, TRIVANDRUM. 4. THE DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE. 5. THE ASSISTANT EDUCATIONAL OFFICER, THODANNUR, VADAKARA, KOZHIKODE. 6. G. VINODKUMAR, ASSISTANT TEACHER, KATAMERI U.P SCHOOL, KATAMERI, VADAKARA, KOZHIKODE. 7. K. VIJAYALAKSHMI, ASSISTANT TEACHER, KATAMERI U.P SCHOOL, KATAMERI, VADAKARA, KOZHIKODE. BY GOVT. PLEADER SHRI A.J.VARGHESE BY ADV. SRI.P.R.SREEJITH FOR R7 SRI.K.B.SAJEESH FOR R6 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T. SANKARAN,J. -------------------------------------- W.P.(C) No.24013 of 2008 H -------------------------------------- Dated this the 4th day of September, 2008. J U D G M E N T The petitioner is an Assistant Teacher working in Katameri U.P. School, Katameri, Kozhikode District. 2. The reliefs prayed for in the Writ Petition are the following:- “a. Issue a writ of certiorari or any other appropriate writ order or direction quashing the original of Exhibit P11 order of the 3rd respondent dated 7-7-2008 and Ext.P13 order of the 4th respondent to the extent of deploying the petitioner, And b. Declare that the petitioner is entitled for retention as protected teacher in Katameri U.P. School by giving the benefit of clause (VI) of Exhibit P3 GO. Or c. Issue a writ of mandamus or any other appropriate writ order or direction directing the 1st respondent to pass orders on Ext.P12 revision filed against Exhibit P11 WP(C) No.24013/2008 2 order and further direct not to implement Exhibit P13 order against the petitioner till that time. d. Issue such other orders as this Hon'ble Court may deem fit to grant.” 3. Ext.P12 revision is filed by the petitioner challenging Ext.P11 order passed by the Joint Director of Public Instruction. Ext.P13 order was passed by the Deputy Director of Education on the basis of Ext.P11 order. At the time of admission, operation of Ext.P13 order was kept in abeyance for a short period and the stay order is being extended from time to time. The learned counsel for the petitioner submits that the petitioner would be satisfied, for the present, if relief No.'c' is granted. 4. Respondents 6 and 7 have filed counter affidavits. Since the only relief that is pressed by the petitioner is relief No.'c', it is not necessary to consider the contentions raised by the petitioner as well as respondents 6 and 7. In the facts and circumstances of the case, the Writ Petition is disposed of with the following directions:- WP(C) No.24013/2008 3 (i) The first respondent shall consider and dispose of Ext.P12 revision as expeditiously as possible and at any rate within a period of three months, after affording an opportunity of being heard to the petitioner and respondents 6 and 7 and any other person who is likely to be affected. (ii) Till the disposal of Ext.P12 revision, operation of Ext.P13 order in so far as it relates to the petitioner shall be kept in abeyance. (iii) The petitioner shall produce a copy of the Writ Petition, copy of I.A.No.11665 of 2008 and copies of counter affidavits filed by respondents 6 and 7 and also the certified copy of judgment before the first respondent. K.T. SANKARAN, JUDGE. cks