IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 3RD FEBRUARY 2009 / 14TH MAGHA 1930 WP(C).No. 3601 of 2009(D) ------------------------- PETITIONER(S): --------------- SMT.MINIMOLE B., W/O.JAMES VARGHESE, AGED 39 YEARS, NOW WORKING AS ASST.TEACHER, THE SCHOOL FOR DEAF, ENATHU, PATHANAMTHITTA DISTRICT. BY ADV. SRI.T.V.GEORGE RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY THE SECRETARY TO GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR GENERAL OF PUBLIC INSTRUCTIONS, D.P.I OFFICE, JAGATHY, THIRUVANANTHAPURAM. 3. DISTRICT EDUCATIONAL OFFICER, PATHANAMTHITTA. GOVERNMENT PLEADER SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- W.P.(C).No.3601 of 2009 --------------------------------------------- Dated this the 3rd day of February, 2009 JUDGMENT The petitioner is working as Assistant Teacher in the school for Deaf, Enathu in Pathanamthitta District, which is an Aided High School for the Deaf Students. It is stated that she joined in the school on 1.6.2002 and she is continuing in service. It is stated that originally, the school was commenced in the year 1992. Aided status was given to the school for standards I to IV and 4 posts of Assistant Teachers and one post of Teacher-in- charge were sanctioned. Later, the High School Section was granted the aided status by Government Order No.G.O.(M.S.) No.338/05/G-Edn. dated 27.8.2005. 2. As per Ext.P2 Staff Fixation Order, only two posts of Assistant Teacher were sanctioned in the U.P. section. Challenging Ext.P2, the Manager preferred objection and requested the Government to sanction one more post of Assistant Teacher in the U.P. section. It is stated that the request was not considered. The petitioner filed W.P.(C) No.31660/08 praying WPC No.3601/2009 2 for a direction to the first respondent to consider the representation submitted by the Manager to sanction one post of Assistant Teacher in the High School. Having found that the representation was submitted by the Manager to the Hon'ble Minister for Education and there was nothing to indicate that the same had reached the Secretary of the General Education Department, this Court in Ext.P4 judgment observed that it would be open to the Manager to make a fresh representation. The Manager submitted a detailed representation dated 9.11.2008 (Ext. P5) to the first respondent. The grievance of the petitioner is that Ext.P5 representation is not considered and disposed of, though strictly speaking, there is already a direction in Ext.P4 judgment to consider any such representation like Ext.P5. 3. The only relief sought for by the petitioner is to issue a writ of mandamus commanding the first respondent to consider and pass orders on Ext.P5 representation. The learned Government Pleader submits that the Government would dispose of Ext.P5 expeditiously. In the facts and circumstances of the case, the Writ Petition WPC No.3601/2009 3 is disposed of as follows: (i) The first respondent shall consider and dispose of Ext.P5 representation dated 9.11.2008 submitted by the Manager of High School for Deaf, Enath, as expeditiously as possible, and at any rate within a period of three months from the date of receipt of a copy of the judgment, after affording an opportunity of being heard to the petitioner and the Manager. (ii) The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the first respondent. (iii) The petitioner shall send a copy of the judgment and a copy of the Writ Petition to the Manager by registered post and shall produce proof thereof before the first respondent. K.T.SANKARAN, JUDGE csl