IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 25TH JUNE 2008 / 4TH ASHADHA 1930 WP(C).No. 18150 of 2008(I) -------------------------------- PETITIONER: -------------- SIDRATHUL MUNTHAHA, D/O.USMAN, 27 YEARS, AL HILAL MANZI, PATHAPIRIYAM, MANJERI-3, MALAPPURAM DISTRICT. BY ADV. SRI.K.M.SATHYANATHA MENON RESPONDENTS: ----------------- 1. THE ASSISTANT EDUCATION OFFICER, MANJERI, MALAPPURAM DISTRICT. 2. THE DISTRICT EDUCATION OFFICER, MALAPPURAM DISTRICT, MALAPPURAM. 3. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 4. THE HEADMASTER, A.L.P.SCHOOL, PAZHEDAM, P.O.KARAKKUNNU, MANJERI, MALAPPURAM-3. 5. THE MANAGER, A.L.P.SCHOOL, PAZHEDAM, P.O KARAKKUNNU, MANJERI, MALAPPURAM-3. ADDITIONAL RESPONDENT IMPLEADED 6. STATE OF KERALA, REP. BY SECRETARY, EDUCATION DEPARTMENT. BY GOVT. PLEADER A.J. VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, JUDGE ---------------------------------- W.P.(C) NO. 18150 OF 2008 ------------------------------------------- Dated this the 25th day of June, 2008 J U D G M E N T The petitioner was appointed as LPSA in A.L.P. School, Pazhedam as per Ext. P1 order of appointment dated 11.10.2004. The Assistant Educational Officer approved the appointment as per order dated 14.3.2007 which is endorsed on Ext. P1, approving the appointment of the petitioner as LPSA w.e.f. 1.2.2006 to 19.9.2006. The petitioner is aggrieved by not approving her appointment w.e.f. 11.10.2004. 2. The petitioner has challenged Ext. P1 order, to the extent it is against her, in Ext. P11 Revision before the Director of Public Instruction, Thiruvananthapuram. Ext. P11 Revision was filed after this Writ Petition was filed. Ext. P11 Revision is pending disposal. 3. The Assistant Education Officer in his proceedings dated 7.12.2005 (Exhibit P5) stated that as per staff fixation of 2006- 2007, two divisions in IIIrd standard were sanctioned. However, it W.P.(C)No. 18150/2008 2 was reported by the Headmistress that one pupil studying in IIIrd standard was removed after issuing Transfer Certificate and accordingly the roll strength is reduced to 50 from 51 in standard III. The staff fixation was accordingly revised by reducing one division in IIIrd standard w.e.f. 20.9.2006. Ext. P5 order dated 7.12.2006 was challenged by the Manager before the District Educational Officer, Malappuram who dismissed the appeal by Ext. P6 order dated 12.7.07. The Manager filed a Revision before the Director of Public Instruction challenging Ext. P6 order. But the revision was also dismissed as per Ext. P7 order dated 10.1.2008. The petitioner has a grievance that the Manager has deliberately absented himself at the time when the Revision was taken up for hearing which culminated in Ext. P7 order and he was not interested in protecting the interests of the petitioner. Pointing out these facts the petitioner has filed Ext. P12 Revision before the Government wherein she has challenged Exts. P5, P6 and P7 orders. Ext. P12 Revision dated 23.6.2008 is also pending disposal. Ext. P12 Revision was filed after this Writ Petition was filed. 4. The reliefs prayed for in the Writ Petition are the following: W.P.(C)No. 18150/2008 3 i) issue a writ of certiorari or any other appropriate writ, order or direction calling the originals of Exhibit P5, P6 and P7; ii) issue a writ of mandamus or other appropriate writ, order or direction directing the respondents to permit the petitioner to continue her employment as L.P.S.A in A.L.P. School Pazhedam; iii) issue a writ of mandamus or other appropriate writ, direction or order directing the first respondent not to approve the staff fixation during the year 2008-09; iv) issue a writ of mandamus or other appropriate writ, direction or order directing the respondents 1 to 3 to take immediate action over Exts. P10, P10(a) and P10(b) representations filed by the petitioner and to take immediate steps directing the respondents 4 and 5 to permit the petitioner to continue an L.P.S.A in A.L.P. School Pazhedam; v) render such other orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. W.P.(C)No. 18150/2008 4 5. The learned counsel for the petitioner submits that for the time being the petitioner would be satisfied if Exts. P11 and P12 Revisions are disposed of respectively by the Director of Public Instruction and by the Government. The learned Government Pleader submits that Exts. P11 and 12 will be disposed of in accordance with law without much delay. 6. In the facts and circumstances of case, the Writ Petition is disposed of in the following manner: 1. The Director of Public Instruction shall dispose of Ext. P11 Revision filed by the petitioner expeditiously and at any rate within a period of three months after affording an opportunity of being heard to the petitioner, Manager of the School and any other affected party. 2. The additional 6th respondent, Government of Kerala, shall dispose of Ext. P12 Revision dated 23.06.2008 submitted by the petitioner as expeditiously as possible and at any rate within three months, after affording an opportunity of being heard to the petitioner, Manager of the School and any other affected party. W.P.(C)No. 18150/2008 5 3. The petitioner would be entitled to move the Director of Public Instruction and the Government for appropriate interim orders. If any application for interim order is filed, it shall be considered in accordance with law. It is made clear that I have not expressed any opinion on the merits of the case. The Writ Petition is disposed of. K.T. SANKARAN, JUDGE vkm