IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 10TH JUNE 2011 / 20TH JYAISHTA 1933 WP(C).No. 15701 of 2011(K) -------------------------------- PETITIONER: -------------- SR.JESSY.K.M, D/O.K.K.ANTONY, AGED 49 YEARS, HEADMISTRESS, ST.GEORGE C L P SCHOOL, MUKKATTUKARA, THRISSUR DISTRICT. BY ADVS. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENTS: ------------------ 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, THIRUVANANTHAPURAM-695 014. 3. THE DEPUTY DIRECTOR OF EDUCATION, AYYANTHOLE, THRISSUR DISTRICT-680 003. 4. THE DISTRICT EDUCATIONAL OFFICER, THRISSUR EAST-680 005. 5. THE ASSISTANT EDUCATIONAL OFFICER, THRISSUR EAST-680 005. BY SMT. NISHA BOSE, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.15701/2011 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF STAFF FIXATION ORDER No.C-1837/2010/D.DIS. OF Assistant Educational Officer DTD. 16.8.10. EXT. P2 : COPY OF VISIT REPORT OF SUPER CHECK OFFICER DTD. 3.9.10/14.12.10. EXT. P3 : COPY OF NOTICE NO.SC-352/2010/KKD/THR OF R2. DTD. 6.1.11. EXT. P4 : COPY OF OBJECTION FILED BY PETITIONER DTD. 19.1.11. EXT. P5 : COPY OF ORDER NO.SC/352/2010-11/KKD/THR OF R2 DTD. 31.3.11. EXT. P6 : COPY OF REVISION PETITION FILED BEFORE GOVT. DTD. 19.5.11. EXT.P7 : COPY OF LETTER No.C-726/11 OF DD DTD. 30.3.11. EXT.P8 : COPY OF DETAILS SUBMITTED BY PETITIONER. EXT.P9 : COPY OF ORDER NO.C-110/2011 OF R5 DTD. 21.5.11. EXT.P10 : COPY OF ORDER No.RA(1)67927/90/L.DIS./DPI OF R2 DTD. 9.10.90. EXT.P11 : COPY OF G.O.(Rt) NO.4664/09/G.EDN. OF GOVT. DTD. 10.11.09. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.15701 OF 2011 --------------------------------------- Dated this the 10th day of June, 2011. J U D G M E N T The petitioner is the Headmistress of St.George CLP School, Mukkattukara in Thrissur District. The grievance raised by the petitioner is that even though a revision petition (Ext.P6) was filed before the Government against Ext.P5 order passed by the Director of Public Instruction and it is pending, the Assistant Educational Officer by Ext.P9 has sought implementation of the same as against the petitioner by resorting to recovery of the salary paid to one LPSA. It is a case where after the staff fixation order was issued, the Super Check Cell visited the school which led to the issuance of the order Ext.P5. 2. It is pointed out that the objections raised by the petitioner were not properly considered by the Director of Public Instruction. Since Ext.P6 revision petition is pending before the Government, it is upto the Government to take a decision on the same in accordance with law. W.P.(C) No.15701/2011 2 Therefore, there will be a direction to the Government to take a decision on Ext.P6, after hearing the parties concerned, within a period of six months from the date of receipt of a copy of this judgment. Recovery of any liability against the petitioner pursuant to Exts.P5 and P9 will be kept in abeyance till orders are passed on the revision petition. The petitioner will forward a copy of this judgment along with a copy of the writ petition for compliance. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp