IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 17TH JUNE 2008 / 27TH JYAISHTA 1930 WP(C).No. 34266 of 2006(D) PETITIONER: ------------ V.M.KAMARBAN, PRIMARY HEADMISTRESS, G.L.P.S., MURINJAPUZHA. BY ADV. SRI.ESM.KABEER RESPONDENTS: ------------- 1. THE STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, IDUKKI AT THODUPUZHA. 3. THE ASSISTANT EDUCATIONAL OFFICER, PEERUMADE. BY GOVERNMENT PLEADER SMT.T.B.REMANY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE STATEMENT OF FIXATION OF PAY WITH EFFECT FROM 1.7.2004. EXT.P2 TRUE COPY OF THE STATEMENT OF FIXATION OF HEADMASTER'S SCALE DATED 5.1.2005. EXT.P3 TRUE COPY OF THE FORM OF OPTION DATED 10.7.2006. EXT.P4 TRUE COPY OF THE AUDIT OBJECTION ISSUED BY THE THIRD RESPONDENT DATED 15.11.2006. EXT.P5 TRUE COPY OF THE APPEAL SUBMITTED BEFORE THE FIRST RESPONDENT DATED 17.2.2007. RESPONDENTS' EXHIBITS: NIL //TRUE COPY// AHZ/ K.T.SANKARAN, J. -------------------------------------------- W.P.(C) NO. 34266 OF 2006 D -------------------------------------------- Dated this the 17th June, 2008 JUDGMENT The reliefs prayed for in the Writ Petition are the following: “i) to issue a writ of certiorari quashing Exhibit P4 letter issued by the 3rd respondent based upon the objection note issued by the 2nd respondent; ii) to issue a writ of mandamus or direction directing the respondents not to re-revise the pay fixation already allowed to petitioner in view of the objection; iii) to declare that the option exercised by the petitioner is valid and proper to get the benefits of pay revision which is drawing by similarly situated persons; Any other reliefs also may be granted in order to meet out justice considering the circumstances of the case.” 2. After filing the Writ Petition, the petitioner has filed Ext.P5 appeal dated 17.2.2007 before the Government challenging Ext.P4. 3. Learned counsel for the petitioner confines the relief to a direction to the first respondent to dispose of Ext.P5 appeal, after affording an opportunity of being heard to the petitioner. The request is not opposed by the learned Government Pleader. W.P.(C) NO.34266 OF 2006 :: 2 :: 4. In the facts and circumstances of the case, there will be a direction to the first respondent to dispose of Ext.P5 appeal as expeditiously as possible and, at any rate, within a period of three months after affording an opportunity of being heard to the petitioner, the Manager of the School and the affected parties, if any. The Writ Petition is disposed of as above. (K.T.SANKARAN) Judge ahz/