IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 3RD JULY 2008 / 12TH ASHADHA 1930 WP(C).No. 19223 of 2008(L) PETITIONER: ------------ K.S.SHEELA , H.S.A, ST.AUGUSTINE'S SCHOOL,MURUKKUMPUZHA P.O., THIRUVANANTHAPURAM. BY ADV. SRI.M.BALAGOVINDAN SRI.M.R.SASITH RESPONDENTS: ------------- 1. SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM 2. THE MANAGER ST. AUGUSTINES HIGH SCHOOL MURUKKUMPUZHA. 3. G.ANILKUMAR, H.S.A. ST. AUGUSTINES HIGH SCHOOL, MURUKKUMPUZHA P.O. THIRUVANANTHAPURAM. 4. CHRISTIAN CHRISTOPHER, H.S.A. ST. AUGUSTINES HIGH SCHOOL, MURUKKUMPUZHA P.O. THIRUVANANTHAPURAM. 5. MURALI, H.S.A. MATHEMATICS, ST. AUGUSTINES HIGH SCHOOL, MURUKKUMPUZHA P.O. THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------------------- W.P.(C) NO. 19223 OF 2008 L -------------------------------------------- Dated this the 3rd July, 2008 JUDGMENT The petitioner states that she is now working as HSA (Social Studies) in St.Augustine's High School, Murukkumpuzha. According to the petitioner, she was originally appointed as HSA from 24.6.1993 as per Ext.P1 appointment order. The District Educational Officer did not approve the appointment of the petitioner. The petitioner filed a statutory appeal before the Deputy Director of Education against the order passed by the District Educational Officer. The Deputy Director of Education allowed the appeal as per Ext.P2 order dated 8.3.1994. Challenging Ext.P2 order, the Manager filed appeal before the Director of Public Instructions. The Director of Public Instructions rejected the appeal. The case of the petitioner is that in spite of the order passed by the Director of Public Instructions, the Manager did not permit the petitioner to join duty as HSA (Social Studies). The petitioner filed O.P.No.5070 of 1994 for appropriate orders. The Manager permitted the petitioner to join duty, after an interim order was passed by this Court on 26.2.1996. It is stated that due to the hostile attitude of the Manager not to permit the petitioner to work in the School, she was kept out of service till an interim order was passed in O.P.No.5070 of 1994. It is also submitted that during 1994-95, the Manager appointed respondents 3 to 5 in various subjects as HSAs W.P.(C) NO.19223 OF 2008 :: 2 :: and they were given seniority above the petitioner. Ext.P4 is the seniority list prepared by the Manager. According to the petitioner, she made a submission to the Manager to correct the seniority list, which was not acceded to by him. Petitioner filed Ext.P5 Revision before the first respondent praying for the issue of an appropriate direction to the Manager to give due seniority to the petitioner from 24.6.1993. Ext.P5 Revision is pending before the first respondent. 2. In the manner in which I propose to dispose of the Writ Petition, I do not think that it is necessary to issue notice to the Manager and the teachers who were appointed by him, namely, respondents 3 to 5. Learned Government Pleader takes notice for the first respondent. 3. Ext.P5 Revision is pending disposal before the first respondent. The first respondent has to dispose of Ext.P5 Revision on the merits. Learned Government Pleader submits that the first respondent will dispose of Ext.P5 Revision without much delay. In the facts and circumstances of the case, the Writ Petition is disposed of directing the first respondent to consider and dispose of Ext.P5 Revision filed by the petitioner as expeditiously as possible and, at any rate, within a period of three months, after affording an opportunity of W.P.(C) NO.19223 OF 2008 :: 3 :: being heard to the petitioner, the Manager and respondents 3 to 5. Petitioner shall send a copy of the judgment to respondents 2 to 5 separately by registered post and shall produce proof of the same before the first respondent within a period of three weeks. The petitioner shall also produce a copy of the Writ Petition and certified copy of the judgment before the first respondent. (K.T.SANKARAN) Judge ahz/