IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 18TH DECEMBER 2009 / 27TH AGRAHAYANA 1931 WP(C).No. 31194 of 2009(T) -------------------------- PETITIONER(S): --------------- THE CORPORATE MANAGER, THE CORPORATE EDUCATIONAL AGENCY, DIOCESE OF MANANTHAVADY, PASTORAL CENTRE, MANANTHAVADY P.O. 670645, WAYANAD DISTRICT. BY ADV. SRI.POOVAMULLE PARAMBIL ABDULKAREEM RESPONDENT(S): --------------- 1. THE DEPUTY DIRECTOR (EDUCATION) WAYANAD AT KALPETTA, WAYANAD DISTRICT. 2. DISTRICT EDUCATIONAL OFFICER, WAYANAD DISTRICT. 3. HEAD MASTER, ASSUMPTION HIGH SCHOOL, SULTHAN BATHERY, WAYANAD DISTRICT 4. HEADMASTER ST.THOMAS HIGH SCHOOL, NADAVAYAL, P.O. NADAVAYAL, WAYANAD DISTRICT. 5. SYRIAC SIMON, MUSIC TEACHER, ASSUMPTION HIGH SCHOOL, P.O.SULTHAN BATHERY, WAYANAD DISTRICT. 6. INDIRA T.P.MUSIC TEACHER, ST.THOMAS HIGH SCHOOL, NADAVAYAL, P.O. NADAVAYAL, WAYANAD DISTRICT. (*)ADDL.R7. DIRECTOR OF PUBLIC INSTRUCTION, OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. [(*)ADDITIONAL SEVENTH RESPONDENT IMPLEADED AS PER ORDER ON I.A.NO.15421/2009, DATED 18/12/2009] SENIOR GOVERNMENT PLEADER, SHRI A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.31194/2009-T ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 18th day of December, 2009 J U D G M E N T The petitioner is the Corporate Manager of the Corporate Educational Agency, Diocese of Mananthavady. He is aggrieved by Ext.P6 order abolishing the post of Music Teacher from Assumption High School, Bathery. It is pointed out that under Rule 6 of Chapter XXIII Kerala Education Rules, the same cannot be supported. The petitioner is relying upon Ext.P4 Judgment of this Court, in W.P.(C).No.23531/2008, dated 26/06/2009, in the matter. By Ext.P5 the first respondent upheld the order passed by the District Educational Officer. 2. Ext.P7 produced along with I.A.No.15421/2009 is a copy of the revision petition filed by the petitioner before the Director of Public Instruction. 3. Since the petitioner has already availed of the statutory remedy of revision, it is upto the revisional authority to take a decision in accordance with law and after considering the merits of the contentions of the petitioner. 4. Therefore, there will be a direction to the Director of Public Instructions, namely, the additional seventh respondent to take a decision on Exts.P7 revision petition after hearing the petitioner within a period of W.P.(C). No.31194/2009 -:2:- two months from the date of receipt of a copy of this Judgment. 5. The learned counsel for the petitioner further submitted that respondent Nos.5 and 6 are not being disbursed salary. The said issue also will be considered by the additional seventh respondent. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms