IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 5TH OCTOBER 2010 / 13TH ASWINA 1932 WP(C).No. 30587 of 2010(W) -------------------------- PETITIONER(S): --------------- P.VIDYA, W/O.RATHEESH KUMAR, AGED 26 YEARS, LOWER PRIMARY SCHOOL ASSISTANT, S N V T T INSTITUTE KAKKAZHAM, ALAPPUZHA DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.M.SAJJAD RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 695 001. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, TRIVANDRUM - 14. 3. THE DEPUTY DIRECTOR EDUCATION, ALAPPUZHA - 688 001. 4. THE DISTRICT EDUCATIONAL OFFICER ALAPPUZHA - 688 001. 5. THE MANAGER, S N V T T INSTITUTE, KAKKAZHAM AMBALAPPUZHA, ALAPPUZHA DISTRICT - 688 005. BY G.P.SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------ W.P.(C).No.30587 OF 2010 ------------------------------ Dated this the 5th day of October, 2010 JUDGMENT The petitioner while working as LPSA in SNVTT Institute, Kakkazham, Alappuzha District, was retrenched with effect from 15.7.2010 due to reduction of post, as per Ext.P1 staff fixation order for the year 2010-2011. Aggrieved by Ext.P1, the petitioner filed Ext.P5 appeal dated 18th September, 2010 before the Deputy Director of Education, Alappuzha. Ext.P5 is pending disposal. 2. The reliefs prayed for by the petitioner in the Writ Petition are the following: “(i) call for the records relating to Exhibit P-1 and quash the original of the same to the extent it orders retrenchment of the Petitioner by the issue of a writ of certiorari or other appropriate writ or order. (ii) issue a writ of mandamus or other appropriate writ order or direction commanding the 4th Respondent to reckon the students with respect to whom Exhibits P-2 and P-3 are issued and thereby sanction admissible posts. W.P.(C).No.30587 OF 2010 2 (iii)issue a writ of mandamus or other appropriate writ order or direction commanding the 3rd Respondent to effectively consider and pass appropriate orders upon Exhibit P-5 after affording an opportunity of being heard to the Petitioner within a time limit taking into account Exhibit P-4 and in the meanwhile enabling the Petitioner to continue in the School. (iv) pass such other order or direction which this Hon'ble Court may deem fit and proper to grant in the circumstances of the case.” 3. Learned counsel for the petitioner submitted that for the time being, the petitioner would be satisfied, if relief No.(iii) is granted. The request is just and reasonable. Accordingly, the Writ Petition is disposed of as follows: a) The Deputy Director of Education, Alappuzha shall consider and dispose of Ext.P5 appeal as expeditiously as possible and at any rate within a period of two months from the date of receipt of a copy of this judgment, W.P.(C).No.30587 OF 2010 3 after affording an opportunity of being heard to the petitioner, Manager and any other affected party. b) The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the Deputy Director of Education. c) The petitioner shall also send a copy of the Writ Petition and copy of the judgment to the Manager by registered post and shall produce proof of the same before the Deputy Director of Education. K.T.SANKARAN, JUDGE. cms