IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 22ND OCTOBER 2010 / 30TH ASWINA 1932 WP(C).No. 32469 of 2010(G) PETITIONER: --------------- DAISY JOSEPH,H.S.A(MATHS) ST.JOSEPH'S HIGH SCHOOL,MELOOR, RESIDING AT THEKKAN HOUSE,MELOOR PO, THRISSUR DISTRICT,PIN-680311. BY ADV. SRI.ABRAHAM VAKKANAL, SENIOR ADVOCATE SRI.PAUL ABRAHAM VAKKANAL SRI.DIJO SEBASTIAN SMT.VINEETHA SUSAN THOMAS RESPONDENT): --------------- 1. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM,PIN-695 001. 2. THE DEO,IRINJALAKUDA THRISSUR DISTRICT,PIN680 121. 3. THE MANAGER,ST.JOSEPH'S HIGH SCHOOL, MELOOR,THRISSUR DISTRICT-680 311. 4. KOCHUTHRESSIA ITTOOP,HSA, ST.JOSEPH'S HIGH SCHOOL, MELOOR, THRISSUR DISTRICT-680 311. R1 AND R2 BY GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C). NO. 32469 OF 2010 G ------------------------------------------------------ Dated this the 22nd day of October, 2010 JUDGMENT The case of the petitioner is the following: The petitioner is a High School Assistant (Mathematics) in St.Joseph's High School, Meloor. She has approved continuous service from 2.6.1999. She was appointed in a regular vacancy from 6.6.2001, in continuation of the earlier temporary appointment. For the sake of convenience, paragraphs 2 to 4 of the Writ Petition are extracted below: “2. In 2009-10, there were 14 posts of H.S.As. (core subject) and there were 14 teachers including the Petitioner. due to division fall there is reduction of one post of H.S.A. (core subject) this year viz., 2010-11, thereby reducing the number of posts H.S.A. (core subject) from 14 to 13. At the same time, there was one retirement of H.S.A.(Social Science) and another H.S.A. (SS) was promoted as Headmistress. So the number of H.S.As. (core subject) on rolls as on 31.5.2010 was only 12 including the Petitioner. 3. As stated above, there arose only one vacancy during 2010-11. However, surprisingly, as against this W.P.(C) NO.32469 OF 2010 :: 2 :: one vacancy the management has made 2 fresh appointments as H.S.A.(Social Science). This was clearly illegal. Actually, they ought to have retained the Petitioner, being an existing teacher regularly continuing from 06/06/01 in the old subject ratio and one vacancy of H.S.A.(SS) alone should have been filled up. 4. But in unholy alliance with the management and also with the fresh hands tipped for appointment, the DEO, Irinjalakuda has issued the order No.D.Dis.B2- 4553/10 dt: 31/08/2010 reducing the number of posts of H.S.As. (core subject) from 14 to 13 and directing the retrenchment of the Petitioner from the school, simply stating that the 3rd H.S.A. (English) post to which the Petitioner was accommodated, is reduced due to reduction of one division in Std.VIII and further reducing one post of H.S.A. (English) during 2010-11. Though the order is dated 31.8.2010, it is served in the school only on 12.10.2010. A true copy of this staff fixation order is produced herewith and marked as Exhibit P2.” 2. Challenging Ext.P2 staff fixation order, the petitioner filed Ext.P5 Revision Petition under Rule 12E(3) of Chapter XXIII of the Kerala Education Rules before the Director of Public Instruction. It is stated that Ext.P5 is pending disposal. In Ext.P5, the petitioner has prayed for setting aside the staff fixation order to the extent it W.P.(C) NO.32469 OF 2010 :: 3 :: directed retrenchment of the petitioner and also for issuing a direction to retain the petitioner as H.S.A. with effect from 14.7.2010. There is also a prayer to grant a stay against the grant of approval of the appointment of respondent No.4. 3. The reliefs prayed for in the Writ Petition are the following: “It is therefore prayed that this Hon'ble Court may be pleased to call for the records relating to Ext.P1 to P5 and: (i) to issue a writ of mandamus or other appropriate writ or direction commanding the 1st respondent to dispose of Ext.P5 Revision Petition within a specified time, after hearing the Petitioner and not to grant approval to the appointment of fresh hand (4th Respondent) till the Revision Petition is disposed of; (ii) grant such other reliefs which this Hon'ble Court deems just and proper to be granted on the facts of the case.” In the facts and circumstances of the case, the Writ Petition is disposed of as follows: W.P.(C) NO.32469 OF 2010 :: 4 :: a) The Director of Public Instruction shall dispose of Ext.P5 Revision, 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, the Manager and the fourth respondent. It is made clear that the direction to dispose of the Revision does not mean that the Director of Public Instruction cannot pass any interim order, if the facts and circumstances of the case so warrant. b) The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the Director of Public Instruction. c) The petitioner shall also send a copy of the Writ Petition and copy of the judgment to respondents 3 and 4 by registered post and she shall produce proof of the same before the Director of Public Instruction. (K.T.SANKARAN) Judge ahz/