IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 11TH AUGUST 2011 / 20TH SRAVANA 1933 WP(C).No. 21840 of 2011(D) -------------------------------- PETITIONER: -------------- JINESH K.PAUL, H.S.A.(HINDI), EBENZER H.S., VETOOR. BY ADVS. SRI.KURIAN GEORGE KANNANTHANAM, SR. ADVOCATE SRI.TONY GEORGE KANNANTHANAM SRI.P.C.JOSEPH PAZHEPARAMBIL SRI.MATHEW K. SIMON ADV. JIJI THOMAS RESPONDENTS: ------------------ 1. STATE OF KERALA REPRESENTED BY SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMNET SECRETARIAT, THIRUVANANTHAPURAM-689001. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, TRIVANDRUM-689001. 3. THE DEPUTY DIRECTOR OF EDUCATION, ERNAKULAM-682019. 4. THE DISTRICT EDUCATIONAL OFFICER, MUVATTUPUZHA-686721. 5. THE HEADMISTRESS, EBENZER H.S., VETTOOR, MUVATTUPUZHA-686721. BY SRI. V. VIJULAL, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.21840/2011 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF STAFF FIXATION ORDER DTD. 1.7.99 OF R4. EXT. P2 : COPY OF APPOINTMENT ORDER DTD. 1.6.99 OF PETITIONER. EXT. P3 : COPY OF EXTRACT OF AUDIT OBJECTION FROM OFFICE OF D.E.O. EXT. P4 : COPY OF LETTER DTD. 10/2000 ISSUED BY R4 TO PETITIONER. EXT. P5 : COPY OF LETTER DTD. 23.10.01 FROM GOVT. SECRETARY TO PETITIONER. EXT. P6 : COPY OF ORDER DTD. 14.5.02 FROM R1. EXT. P7 : COPY OF LETTER DTD. 3.7.02 FROM R4. EXT. P8 : COPY OF JUDGMENT DTD. 30.10.09 IN OP.22260/02 OF THIS COURT. EXT. P9 : COPY OF APPEAL DTD. 23.11.09 FILED BY PETITIONER BEFORE R3. EXT. P10 : COPY OF ORDER DTD. 8.1.10 OF DY. DIRECTOR OF EDUCATION, ERNAKULAM. EXT. P11 : COPY OF REVISION (WITHOUT EXTS) DTD. 6.5.10 BEFORE R2. EXT. P12 : COPY OF LETTER DTD. 23.11.10 RECEIVED BY PETITIONER FROM R4. EXT. P13 : COPY OF JUDGMENT DTD. 11.3.11 IN WP(C) 7624/11. EXT. P14 : COPY OF ORDER DTD. 19.3.11 OF R4. EXT. P15 : COPY OF INTERIM ORDER DTD. 31.3.11 IN WP(C) 10314/11 EXT. P16 : COPY OF ORDER DTD. 3.7.11 OF R2. WP(C).No. 21840/2011 EXT. P17 : COPY OF REVISION PETITION (EXCEPT EXTS.) DTD. 28.7.10 FILED BY PETITIONER BEFORE SECRETARY, GEN. EDN. DEPT. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.21840 OF 2011 --------------------------------------- Dated this the 11th day of August, 2011. J U D G M E N T The petitioner, who is working as High School Assistant (Hindi) in the Ebenzer High School, Vettoor, Muvattupuzha, is seeking for a direction to the Government to take a decision on Ext.P17 revision petition filed under Rule 12F Chapter XXIII of Kerala Education Rules. 2. The petitioner's appointment as L.G. Hindi Teacher with effect from 01.06.1999 was approved by the orders passed by the competent authority. Now the same is ordered to be cancelled by the Director of Public Instruction as evident from Ext.P16 order. There is a further direction in Ext.P16 to realize the amount equivalent to the inadmissible salary paid to the petitioner from who were responsible for the erroneous staff fixation and approval of appointment. 3. Heard the learned counsel for the petitioner and the learned Government Pleader. W.P.(C) No.21840/2011 2 4. Learned counsel for the petitioner submitted that the decision now taken cannot be justified considering various facts pointed out in the writ petition and also the documents produced therein. Several grounds have been stated in the revision petition also. Since the prayer is only for a direction to the Government to take a decision on Ext.P17 revision petition, this Court at this stage is not going into the merits of the claim. There will be a direction to the Government to take a decision on Ext.P17 within a period of five months from the date of receipt of a copy of this judgment. In the light of the fact that the appointment itself as L.G. Hindi Teacher is cancelled, there will be a direction to keep in abeyance the said order as regards the petitioner till orders are passed on the revision petition. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp