IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 18TH FEBRUARY 2010 / 29TH MAGHA 1931 WP(C).No. 5296 of 2010(J) ------------------------- PETITIONER(S): --------------- P.SAJITHA, UPPER PRIMARY SCHOOL ASSISTANT,A.U.P.SCHOOL, CHEMMALA, PULAMANTHOLE, MALAPPURAM DISTRICT-679 323. 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, TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, TRIVANDRUM. 3. THE DEPUTY DIRECTOR OF EDUCATION, CIVIL STATION, MALAPPURAM. 4. THE ASSISTANT EDUCATIONAL OFFICER, PERINTHALMANNA, MALAPPURAM DISTRICT. 5. THE MANAGER, A.U.P.SCHOOL, CHEMMALA, PULAMANTHOLDE, MALAPPURAM-679 323. GOVERNMENT PLEADER SHRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 5296 of 2010 ================== Dated this the 18th day of February, 2010 J U D G M E N T The petitioner was appointed as an UPSA in the 5th respondent's aided school. The same was approved and she was working as such since 3.8.2007. An audit objection has been raised by the Deputy Director stating that the approval is wrong, since the vacancy to which the petitioner was appointed, was caused by shifting of an UPSA as LPSA, which was prohibited by Ext.P11 order. According to the petitioner, the objection is raised based on Government orders issued subsequent to the appointment of the petitioner, which have not been made retrospective. In the above circumstances, against the order cancelling the petitioner's appointment and directing recovery of the salary paid to the petitioner, the manager of the school has filed Ext.P14 revision petition before the 1st respondent. The petitioner seeks a direction to the 1st respondent to consider and pass orders on Ext.P14 expeditiously. 2. I have heard the learned Government Pleader also. 3. In the facts and circumstances of the case, I dispose of this writ petition with a direction to the 1st respondent to consider and pass appropriate orders on Ext.P14, as expeditiously as possible, at any rate, within four months from the date of receipt of a certified copy of this judgment, after affording an opportunity of being heard to the w.p.c.5296/10 2 petitioner as well as the 5th respondent. The petitioner shall produce a copy of the writ petition along with a certified copy of this judgment before the 1st respondent for compliance. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge