IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 26TH NOVEMBER 2009 / 5TH AGRAHAYANA 1931 WP(C).No. 33788 of 2009(P) -------------------------------- PETITIONER: -------------- THE MANAGER, HAJI HASSAN YACOB SAIT MEMORIAL UPPER PRIMARY SCHOOL, KUTTITHERUVA, KAYAMKULAM, ALAPPUZHA DISTRICT. BY MR.V.A.MUHAMMED, ADVOCATE. MR.M.SAJJAD, ADVOCATE. RESPONDENTS: ------------------ 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, TRIVANDRUM-14. 3. THE DEPUTY DIRECTOR OF EDUCATION, ALAPPUZHA. 4. THE DISTRICT EDUCATIONAL OFFICER, MAVELIKKARA, ALAPPUZHA DISTRICT. 5. THE ASSISTANT EDUCATIONAL OFFICER, KAYAMKULAM, ALAPPUZHA DISTRICT. BY MR.T.T. MUHAMOOD, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.33788 OF 2009 --------------------------------------- Dated this the 26th day of November, 2009. J U D G M E N T In this writ petition, the Manager of the school is aggrieved by the staff fixation order Exhibit P1 finalized by the Director of Public Instruction. One day verification of the school was completed and the establishment containing 15 class divisions was sanctioned. Later the Super-check cell officer of the Directorate visited the school on 06.11.2008 and verified the strength of pupils. It is in terms of the same, Director of Public Instruction refixed the strength of the establishment as per Exhibit P1. Exhibit P2 is the revised order of staff fixation passed by the Assistant Educational Officer. 2. Exhibit P3 is the revision petition pending before the Government in the matter. The petitioner prays that the revision petition may be directed to be disposed of within a time frame and further action pursuant to Exhibits P1 and P2 to effect recovery of the alleged loss may be kept in abeyance also. W.P.(C) No.33788/2009 2 There will be a direction to the 1st respondent to take a decision on Exhibit P3, after hearing the petitioner, within a period of four months from the date of receipt of a copy of this judgment. Pending orders to be passed in the said revision petition, recovery of loss in terms of Exhibits P1 and P2 will be kept in abeyance. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp