IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 3RD NOVEMBER 2010 / 12TH KARTHIKA 1932 WP(C).No. 17162 of 2010(U) -------------------------- PETITIONER(S): ----------------------- JEENA ABRAHAM, U.P.S.A, N.M.H.S, KARIYAMPLAVE, KARIYAMPLAVE.P.O, PATHANAMTHITTA, PIN - 689 615. BY ADV. SRI.LEGY ABRAHAM SMT.V.V.RISANI RESPONDENT(S): ------------------------ 1. THE MANAGER, NOEL MEMORIAL CORPORATE SCHOOLS, KUMBANAD.P.O, PATHANAMTHITTA DISTRICT, PIN - 689547. 2. THE HEADMASTER, N.M.H.S, KARIYAMPLAVE, KARIYAMPLAVE.P.O, PATHANAMTHITTA DISTRICT, PIN - 689547. 3. MOLYKUTTY.P, L.P.S.A, NMLP SCHOOL, OOTTUPARA, NELLIKAMON.P.O, RANNI. 4. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 5. THE DISTRICT EDUCATIONAL OFFICER, THIRUVALLA, PATHANAMTHITTA DISTRICT. 6. THE ASSISTANT EDUCATIONAL OFFICER, KOZHENCHERRY, PATHANAMTHITTA DISTRICT. WP(C).No. 17162 of 2010 7. THE ASSISTANT EDUCATIONAL OFFICER, VENNIKULAM, VENNIKULAM.P.O, PATHANAMTHITTA DISTRICT. 8. SINDU.M, L.P.S.A, N.M.L.P SCHOOL, KANAKAPPALAM.P.O, ERUMELY, KOTTAYAM DISTRICT, PIN - 686 509. 9. T.P. BETTY, U.P.S.A, N.M.H.S, KUMBANADU, KUMBANAD.P.O, PIN - 689 547. 10. SHERLY K. JACOB, U.P.S.A, N.M.HS, KUMBANAD, KUMBANAD.P.O, PIN - 689 547. 11. SUSAMMA SAMUEL, U.P.S.A, N.M.U.P SCHOOL, KEEKOZHOOR, PATHANAMTHITTA DISTRICT. 12. ANI V. JACOB, U.P.S.A, N.M.U.P SCHOOL, KEEKOZHOOR, PATHANAMTHITTA DISTRICT. 13. G. STANLY, L.P.S.A, N.M.L.P SCHOOL, OOTTUPARA, NELLIKAMON.P.O, RANNI. 14. SMT. GLOSSY P. JOY, H.S.A, N.M.H.S, KARIYAMPLAVE, KARIYAMPLAVE.P.O, PATHANAMTHITTA, PIN - 689 615. 15. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION (L) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SMT.M.R.SREELATHA ADV. SRI.V.A.MUHAMMED FOR R1, R8 & R14 SRI.K.E.HAMZA FOR R1, R8 & R14 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jvt WP(C).No. 17162 of 2010 APPENDIX Petitioner's Exhibits :- Ext.P1 :- Copy of the appointment order dated 6.10.2005 issued by the 1st respondent. Ext.P2 :- Copy of the appointment order dated 6.6.2006 issued by the 1st respondent. Ext.P3 :- Copy of the proceedings of the Dy.Director of Edn.No.B3/937/09/L.Dis. dt.28-3-09. Ext.P4 :- Copy of judgment in W.P.(C) No.24450/09 dt.7.12.2009 of this Hon'ble Court. Ext.P5 :- Copy of the Argument notes submitted by the petitioner before the 15th Respondent dt.11.2.2010. Ext.P6 :- Copy of the order of the 15th respondent G.O.(Rt)No.920/10/G.Edn. dt.2.3.2010. Ext.P7 :- Copy of the order of the 1st respondent No.244/2009-10 dt.31.5.2010. Ext.P8 :- Copy of the representation dated 15.6.2010 sent to 4th respondent. Ext.P9 :- Copy of the representation dated 15.6.2010 sent to 5th respondent. Ext.P10 :- Copy of the representation dated 15.6.2010 sent to 6th respondent. Respondent's Exhibits :- NIL //True Copy// P.A. to Judge K.T.SANKARAN, J. ------------------------------ W.P.(C).No.17162 OF 2010 ------------------------------ Dated this the 3 rd day of November, 2010 JUDGMENT As per G.O.(Rt) No.920/10/G.Edn. dated 2.3.2010 (Ext.P6), the Government issued certain directions to the Manager of Noel Memorial LP School, Kanakappalam. The school is under the Corporate Management of the first respondent. In Ext.P6, the following direction was issued: “In the above circumstances Manager is directed to rearrange the service of leave substitute and regularize the service against first arising permanent/regular vacancy in respective schools in order of seniority without disturbing the persons now working in uneconomic school appointed prior to 12.10.2006.” 2. The Manager passed Ext.P7 order dated 31.5.2010 in the purported compliance of Ext.P6 Government Order. The petitioner is aggrieved by Ext.P7 order. According to the petitioner, Ext.P7 order is contrary to the directions contained in W.P.(C).No.17162 OF 2010 2 Ext.P6 order. Challenging Ext.P7 order, the petitioner submitted Ext.P8 representation dated 15.6.2010 to the Director of Public Instruction. It is stated that Ext.P8 is pending disposal. 3. Though several reliefs are claimed in the Writ Petition, the learned counsel for the petitioner submitted that for the time being it would sufficient, if a direction is issued to the Director of Public Instruction to consider and dispose of Ext.P8 representation, reserving the contentions raised in the Writ Petition to be taken at the appropriate stage. In the facts and circumstances of the case, the Writ Petition is disposed of as follows: a) The Director of Public Instruction shall consider and dispose of Ext.P8 representation dated 15.6.2010 as expeditiously as possible and at any W.P.(C).No.17162 OF 2010 3 rate within a period of two months from the date of receipt of a copy of the judgment, after affording an opportunity of being heard to the petitioner, the Corporate Manager and respondents 3 and 8 to 14 and any other affected party. b) The petitioner shall produce a copy of the Writ Petition and a copy of I.A.15369 of 2010 and certified copy of the judgment before the Director of Public Instruction. K.T.SANKARAN, JUDGE. cms