IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 13TH OCTOBER 2010 / 21ST ASWINA 1932 WP(C).No. 31424 of 2010(C) -------------------------- PETITIONER(S): --------------- P.P.CHANDRIKA, W/O.RAJAKUMARAN, AGED 37 YEARS, UPPER PRIMARY SCHOOL ASSISTANT ARIYANCHIRA A.U.P.SCHOOL, KALLIPPADAM SHORNUR, PALAKKAD DISTRICT (RESIDING AT KADAMANNIL HOUSE, ALANGAD POST, KATAMPAZHIPURAM, PALAKKAD - 678637) 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, THIRUVANANTHAPURAM - 695001. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, TRIVANDRUM - 14. 3. THE DEPUTY DIRECTOR OF EDUCATION, PALAKKAD DISTRICT - 678 014. 4. THE DISTRICT EDUCATIONAL OFFICER, OTTAPALAM - 679 101, PALAKKAD DISTRICT 5. THE ASSISTANT EDUCATIONAL OFFICER, SHORNUR, PALAKKAD DISTRICT - 679 121. 6. THE MANAGER, ARIYANCHIRA A.U.P.SCHOOL, KALLIPPADAM, SHORNUR, PALAKKAD DISTRICT - 679 122. 7. THE HEADMASTER, ARIYANCHIRA A.U.P.SCHOOL KALLIPPADAM, SHORNUR, PALAKKAD DISTRICT - 679 122. 8. SMT.P.R.SMITHA, UPPER PRIMARY SCHOOL ASSISTANT, ARIYANCHIRA A.U.P.SCHOOL, KALLIPPADAM, SHORNUR, PALAKKAD DISTRICT - 679 122. GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- W.P.(C).No.31424 of 2010 --------------------------------------------- Dated this the 13th day of October, 2010 JUDGMENT In the manner in which the Writ Petition is being disposed of, I do not think it is necessary to issue notice to respondents 6 to 8. Government Pleader takes notice for respondents 1 to 5. 2. The case of the petitioner is the following : She was initially appointed as Assistant Teacher from 9.8.2001 to 30.3.2005 in a leave vacancy of Jayasree, who took leave without allowance from 31.3.2000 to 30.3.2005. This appointment was approved. The petitioner was again appointed as UPSA from 5.6.2002 onwards which was also approved by the Assistant Educational Officer as per Exhibit P1 order dated 14.11.2003. As per Exhibit P2 Staff Fixation Order for the academic year 2010-2011, passed by the Assistant Educational Officer, one post of UPSA and one post of LPSA were reduced due to fall in students' strength. The petitioner was retrenched from service with effect from 15.7.2010 as per Exhibit P2. It is stated that the petitioner continued to work up to 4th October, 2010. Thereafter, the Headmaster did not allow the petitioner to work as UPSA in WPC No.31424/2010 2 the school. 3. The petitioner challenged Exhibit P2 Staff Fixation Order before the Director of Public Instruction, under Rule 12E (3) of Chapter XXIII of Kerala Education Rules in Exhibit P4. Exhibit P4 is pending disposal. 4. The reliefs prayed for by the petitioner are the following : “(i) call for the records relating to Exhibit P2 and quash the original of the same to the extent it orders that Smt.P.P.Chandrika, LPSA is retrenched from service with effect from 15.7.2010 by the issue of a writ of certiorari or other appropriate writ or order. (ii) issue a writ of mandamus or other appropriate writ order or direction commanding the fifth respondent Assistant Educational Officer, Shornur to draw and disburse salary and allowances to the petitioner from 15.7.2010 onwards. (iii) issue a writ of mandamus or other appropriate writ order or direction commanding the fifth respondent Assistant Educational Officer, Shornur to modify Exhibit P2 Staff Fixation Order sanctioning one division in Standard VII and one post of UPSA under 1 : 40 teacher student ratio. (iv) issue a writ of mandamus or other WPC No.31424/2010 3 appropriate writ order or direction commanding the second respondent Director of Public Instruction to effectively consider and pass appropriate orders upon Exhibit P4 after affording an opportunity of being heard to the petitioner within a time limit. (v) pass such other order or direction which this Hon'ble court may deem fit and proper to grant in the circumstances of the case.” 5. The learned counsel for the petitioner submitted that for the present, the petitioner would be satisfied, if relief No.(iv) is granted, leaving open the contentions of the petitioner. In the facts and circumstances of the case, the Writ Petition is disposed of as follows : (a) The Director of Public Instruction shall dispose of Exhibit P4 filed by the petitioner, as expeditiously as possible and at any rate, within a period of three months from the date of receipt of a copy of the judgment, after affording an opportunity of being heard to the petitioner, respondents 6 to 8 and any other affected party. WPC No.31424/2010 4 (b) The petitioner shall produce a copy of the Writ Petition and the certified copy of the judgment before the Director of Public Instruction. (c) The petitioner shall send a copy of the Writ Petition and a copy of the judgment to respondent Nos.6 to 8 and shall produce proof of the same before the Director of Public Instruction. (d) Respondents 5 to 7 shall allow the petitioner to continue to work in the school till the disposal of the revision by the Director of Public Instruction. However, it is made clear that the petitioner will not be entitled to claim any salary during this period unless it is found that the petitioner could be accommodated regularly as UPSA during the aforesaid period. K.T.SANKARAN JUDGE csl