IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 31ST MARCH 2010 / 10TH CHAITHRA 1932 WP(C).No. 34783 of 2009(P) --------------------------------------- PETITIONER: ------------------- NEENA KURIAKOSE, W/O.T.SIBY THOMAS, AGED 32 YEARS, L.G.HINDI TEACHER, VOCATIONAL HIGHER SECONDARY SCHOOL, IRIMPANAM, ERNAKULAM DISTRICT. BY ADVS. MR.V.A.MUHAMMED, MR.K.E. HAMSA. RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, THIRUVANANTHAPURAM-14. 3. THE DISTRICT EDUCATIONAL OFFICER, ERNAKULAM DISTRICT. 4. THE MANAGER, VOCATIONAL HIGHER SECONDARY SCHOOL, IRIMPANAM, ERNAKULAM DISTRICT. 5. SMT.K.B.SINDHU, L.G.HINDI TEACHER, VOCATIONAL HIGHER SECONDARY SCHOOL, IRIMPANAM, ERNAKULAM DISTRICT. R1 TO R3 BY GOVT. PLEADER SMT. T.B. REMANI, R5 BY ADV. MR.ELVIN PETER P.J. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.34783/2009-P: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.P.(C).NO.33895/2008 DTD. 04/12/2008. EXT.P.2: COPY OF THE G.O.(RT).NO.1123/2009/G. EDN. OF THE GOVERNMENT DTD. 17/03/2009. EXT.P.3: COPY OF THE ORDER NO. B5/8213/08/K. DIS. OF THE DISTRICT EDUCATIONAL OFFICER, DTD. 04/05/2009. EXT.P.4: COPY OF THE ORDER NO. D. DIS. B5/5857/2009 OF THE -DO-. DTD. 31/07/2009. EXT.P.5: COPY OF THE REVISION PETITION FILED BEFORE THE R.2. DTD. 25/08/2009. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 34783 of 2009 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 31st day of March, 2010 J U D G M E N T The petitioner has filed this writ petition seeking the following reliefs: (i) call for the records relating to Exhibits P-2 and P-3 and quash the originals of the same by the issue of a writ of certiorari or other appropriate writ or order to the extent of making the Petitioner junior to the 5th Respondent. (ii) declare that the Petitioner is entitled to continue in service in preference to the 5th Respondent. (iii) issue a writ of mandamus or other appropriate writ order or direction commanding the 1st, 2nd, 3rd and 4th Respondents to disburse the salary of the Petitioner due from 15-7-2009. (iv) issue a writ of mandamus or other appropriate writ order or direction commanding the 2nd Respondent to effectively consider and pass appropriate orders upon Exhibit P-5 after affording an opportunity of being heard to the petitioner within a time limit, allowing the Petitioner to continue in service in the while. (v) issue a writ of mandamus or other appropriate writ order or direction commanding the 3rd Respondent to grant 2nd post of L.G. Hindi teacher for 2009-10 in Vocational Higher Secondary School, Irimpanam duly taking note of Exhibits P-2 and P-3 and also the students strength of the School for the present academic year. (vi) pass such other order or direction which this Hon'ble Court may deem fit and proper to grant in the circumstances of the case. W.P.(C)No. 34783 of 2009 -2- 2. However the counsel for the petitioner now submits that the petitioner would be satisfied with a direction to the 2nd respondent to consider and pass orders on Ext.P5 as expeditiously as possible. 3. I have heard the learned Government Pleader also. In the facts and circumstances of the case, I dispose of this writ petition with a direction to the 2nd respondent to consider and pass orders on Ext.P5 as expeditiously as possible, at any rate within a period of two months from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioner, as well as respondents 4 & 5. 4. The petitioner shall forward a copy of the writ petition along with a certified copy of this judgment to the 2nd respondent for compliance. S. SIRI JAGAN JUDGE shg/