IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 2ND MARCH 2009 / 11TH PHALGUNA 1930 WP(C).No. 6660 of 2009(B) ------------------------------------- PETITIONER: ------------------- S.RADHADEVI, AGED 58 YEARS, W/O. LATE SANAL KUMAR, HEADMISTRESS/PRINCIPAL (RETIRED) MANAGER, VELLIMON VOCATIONAL HIGHER SECONDARY SCHOOL, KUNDARA, KOLLAM DISTRICT. BY ADV. MR.V.A.MUHAMMED. RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, THIRUVANANTHAPURAM -14. 3. THE DISTRICT EDUCATION OFFICER, KOLLAM DISTRICT. R1 TO R3 BY GOVT. PLEADER MR. A.J. VARGHESE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/03/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.N.RAVINDRAN, J. ---------------------------------------- W.P.(C)No.6660 of 2009 ---------------------------------------- Dated this the 2nd day of March 2009 JUDGMENT Heard Sri.V.A.Muhammed, the learned counsel appearing for the petitioner and Sri.A.J.Varghese, the learned Government Pleader appearing for the respondents. 2. The petitioner is the former Principal of the Vellimon Vocational Higher Secondary School, Kundra, Kollam District. She is presently the Manager of the school. By Ext.P9 staff fixation order passed on 3.10.2008 for the year 2007-2008, the Director of Public Instruction inter alia ordered that the loss sustained by the Government by payment of salary to those teachers, who have worked against posts which were sanctioned on account of bogus admissions, shall be recovered from the Headmaster of the school. Aggrieved by Ext.P9, the petitioner has filed Ext.P11 revision petition before the Secretary to Government, General Education Department. In this Writ Petition, the petitioner inter alia prays for a direction to the Secretary to Government, General Education Department to consider Ext.P11 revision petition and pass orders thereon, after affording her an opportunity of being heard. 3. Ext.P9 is an order passed by the Director of Public Instruction in exercise of the power conferred on him under Rule 12E of Chapter XXIII W.P.(C)No.6660/2009 2 of the Kerala Education Rules. Rule 12F of Chapter XXIII of the Kerala Education Rules empowers the Government to revise the orders passed by the Director of Public Instruction. In the nature of the direction issued by the Director of Public Instruction in Ext.P9, it is only desirable that the Government hears the revision petition and passes orders thereon at the earliest. 4. I accordingly dispose of this writ petition with a direction to the Secretary to Government, General Education Department to pass orders on Ext.P11 revision petition, after affording the petitioner an opportunity of being heard. Final orders on Ext.P11 shall be passed within four months from the date of receipt of a certified copy of this judgment. Till such time, the recovery ordered in Ext.P9 shall be kept in abeyance. The Secretary to Government shall, while considering the matter have due regard to the decision of this Court in Vasudevan Namboothiri v State of Kerala (1997(2) KLT 529) and also Ext.P10 judgment. The writ petition is disposed of as above. P.N.RAVINDRAN, JUDGE css/