IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 7TH JULY 2008 / 16TH ASHADHA 1930 WP(C).No. 20223 of 2008(G) -------------------------- PETITIONER: ------------ LEENA.K.G, AGED 35 YEARS, D/O.K.K.GEORGE LOWER PRIMARY SCHOOL ASSISTANT, ST.JOSEPH'S A.L.P.SCHOOL, ALOOR (VIA)MATTOM,THRISSUR-680603. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENTS: ------------- 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION,SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM-14. 3. THE DEPUTY DIRECTOR OF EDUCATION, AYYANTHOLE, THRISSUR. 4. THE ASSISTANT EDUCATIONAL OFFICER, KUNNAMKULAM, THRISSUR DISTRICT. 5. THE MANAGER, ST.JOSEPH'S A.L.P.SCHOOL, ALOOR, VIA.MATTOM P.O.ALOOR, THRISSUR-680603. 6. THE HEADMISTRESS, ST.JOSEPH'S A.L.P. SCHOOL, ALOOR, VIA MATTOM P.O.ALOOR, THRISSUR-680 603. BY G.P. SHRI T.T.MUHAMMED THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T. SANKARAN,J. -------------------------------------- W.P.(C) No.20223 of 2008 G -------------------------------------- Dated this the 7th day of July, 2008. J U D G M E N T The petitioner is working as Lower Primary School Assistant in St.Joseph's A.L.P. School, Aloor in Thrissur District. She was appointed as per Ext.P1 appointment order dated 2.6.2004, which was duly approved by the Assistant Educational Officer. The petitioner is continuing in service from 2.6.2004 onwards. 2. While so, it is stated that the Super Check Cell Officer visited the school on 10.11.2006 for verifying the attendance of the pupils in the school, for the academic year 2006-2007. The Super Check Cell Officer again visited the school on 7.2.2007. Based on the report of Super Check Cell, the Director of Public Instruction issued an order dated 2.5.2007, provisionally reducing two posts of Lower Primary School Assistant for the academic year 2006-2007. Later, the Director of Public Instruction has passed Ext.P2 final order confirming the provisional order. It is also stated in Ext.P2 order thus- “14. The Dy. Director of Education, Thrissur and the Asst. Ednl. Officer, Kunnamkulam will examine the eligibility of protection including 1:40 ratio and extent the WP(C) No.20223/2008 2 benefit, if any, to the affected teachers and issue necessary orders. They will also take further action to recover the amount from the Headmistress under intimation to the undersigned and the Super Check Cell Officer, Kozhikode.” 3. The case of the petitioner is that if 1:40 ratio is applied, she could continue as Lower Primary School Assistant in the school for the academic years 2006-2007 and 2007-2008. It is stated that the Manager filed an appeal to the Deputy Director of Education and a representation was also made by him to the Director of Public Instruction, respectively marked as Exts.P7 and P8. It is also stated that Exts.P7 and P8 are pending disposal. 4. Meanwhile, the petitioner filed Ext.P10 revision dated 31.5.2008, before the Government challenging Ext.P2 order passed by the Director of Public Instruction. Ext.P10 revision is pending disposal. 5. The reliefs prayed for in the Writ Petition are the following:- “(a) issue a writ of mandamus or other appropriate writ order or direction commanding the Assistant Educational Officer to revise Exhibit P-3 staff WP(C) No.20223/2008 3 fixation order in terms of the direction contained in Exhibit P-2 Order, applying 1:40 teacher students ratio (b) issue a writ of mandamus or other appropriate writ order or direction commanding the 1st Respondent to effectively consider and pass appropriate orders upon Exhibit P-10 after affording an opportunity of being heard to the Petitioner within a time limit, keeping in abeyance coercive steps. (c) pass such other order or direction which this Hon'ble Court may deem fit and proper to grant in the circumstances of the case.” 6. The learned counsel for the petitioner submits that for the time being the petitioner would be satisfied if a direction is issued as mentioned in relief No.(b). Learned Government Pleader submits that Ext.P10 revision filed by the petitioner will be disposed of by the first respondent expeditiously. In the facts and circumstances of the case, the Writ Petition is disposed of in the following manner:- WP(C) No.20223/2008 4 (i) The first respondent shall consider and dispose of Ext.P10 revision filed by the petitioner, after affording an opportunity of being heard to the petitioner, the Manager of the school and any other affected party, if any, as expeditiously as possible, and at any rate within a period of three months. (ii) The petitioner shall produce a copy of the Writ Petition and a certified copy of the judgment before the first respondent. (iii) Since notice is not issued to respondents 5 and 6, the petitioner shall send a copy of the judgment to respondents 5 and 6 separately by registered post and shall produce proof of the same before the first respondent. (iv) Pending disposal of Ext.P10 revision, no coercive steps shall be taken against the petitioner for refund of any amount drawn by her as salary and allowances. K.T. SANKARAN, JUDGE. cks