IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 14TH OCTOBER 2010 / 22ND ASWINA 1932 WP(C).No. 30721 of 2010(M) -------------------------- PETITIONER(S): --------------- A.M.SUDHAMANI, W/O.VIJAYAN.P., H.S.A. (UNDER RETRENCHMENT), CMC GIRLS HIGH SCHOOL, ELATHUR, KOZHIKODE DISTRICT. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA SRI.C.P.SIVADASAN NAIR RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVT. SECRETARIAT, THIRUVANANTHAPURAM-1. 2. DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-1. 3. DISTRICT EDUCATIONAL OFFICER, KOZHIKODE-673 001. 4. DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE-673 001. 5. MANAGER, CMC GIRLS HIGH SCHOOL, ELATHUR, KOZHIKODE-673 571. BY G.P.SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON ON 14/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONER'S EXTS: EXT.P1:- COPY OF G.O.DATED 4.10.2007 ISSUED BY R1. EXT.P2:- COPY OF G.O.DATED 20.9.2008 EXT.P3:- COPY OF G.O DTD 2.9.2000 EXT.P4:- COPY OF REMARKS FROM 15.7.07 EXT.P4(A):- COPY OF ORDER DTD.22.8.08 ISSUED BY R4. EXT.P5:- COPY OF APPEAL DTD.15.10.2008 EXT.P6:- COPY OF ORDER DTD.26.3.2010 EXT.P7:- COPY OF REVISION PETITION DTD.19.5.2010 RESPONDENTS EXTS: NIL /TRUE COPY/ P.A.TO JUDGE K.T.SANKARAN, J. ------------------------------ W.P.(C).Nos.30721 OF 2010 ------------------------------ Dated this the 14th day of October, 2010 JUDGMENT The petitioner was appointed as HSA (Malayalam) at CMC Girls High School, Elathur on 1.6.1998. The appointment was duly approved. In the staff fixation for the academic year 2007-08, the petitioner was retrenched with effect from 15.7.2007, on the ground that there was no sufficient student strength. The case of the petitioner is that, if the teacher student ratio is taken as 1:40, there would be sufficient student strength to accommodate the petitioner. Challenging the order passed by the District Educational Officer, the petitioner filed appeal before the Deputy Director of Education. That appeal was rejected as per Ext.P4(a) order dated 22.8.2008. Challenging Ext.P4(a) order, the petitioner filed appeal before the Director of Public Instruction, which was dismissed as per Ext.P6 order dated 26.3.2010. Challenging Ext.P6 order, the W.P.(C).Nos.30721 OF 2010 2 petitioner filed Ext.P7 revision dated 19.5.2010 before the Government. Ext.P7 is pending disposal. 2. The reliefs prayed for by the petitioner in the Writ Petition are the following: “i. Issue a writ of certiorari or any other appropriate writ, order or direction quashing Exs.P4, P4(a) and P6 proceedings of the respondents 4,3 and 2 respectively. ii. Issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to disburse all benefits of service of H.S.A., including salary and allowances to the petitioner, with effect from 15.7.2007, forthwith, with interest at the treasury rate; iii. Issue a writ of mandamus or any other appropriate writ, order or direction commanding the 1st respondent to consider and dispose of Ext.P7 Revision Petition, forthwith; and iv. Issue such other writ, order or direction which may deem fit in the facts and circumstances of the case.” 3. The learned counsel for the petitioner submitted that for the time being, it would be W.P.(C).Nos.30721 OF 2010 3 sufficient if relief no.(iii) is granted, reserving the contentions of the petitioner to be taken at the appropriate stage. The facts and circumstances of the case, the Writ Petition is disposed of as follows: a) The first respondent shall consider and dispose of Ext.P7 revision 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, the Manager and any other affected party. b) The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the first respondent. W.P.(C).Nos.30721 OF 2010 4 c) The petitioner shall send a copy of the Writ Petition and copy of the judgment by registered post to the fifth respondent and the petitioner shall produce proof of the same before the first respondent. K.T.SANKARAN, JUDGE. cms