IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 2ND JULY 2010 / 11TH ASHADHA 1932 WP(C).No. 20648 of 2010(E) -------------------------- PETITIONER(S): --------------- SHIJI JOSE KANAPPILLY, W/O.P.J.MATHAI, AGED 44 YEARS, HIGH SCHOOL ASSISTANT (MATHS), ST.SEBASTIAN'S HIGHER SECONDARY SCHOOL, GOTHURUTH, ERNAKULAM DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): --------------- 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-1. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, THIRUVANANTHAPURAM-14. 3. THE DEPUTY DIRECTOR OF EDUCATION, CIVIL STATION, KAKKANAD, ERNAKULAM-30. 4. THE DISTRICT EDUCATIONAL OFFICER, ALUVA-683 101, ERNAKULAM DISTRICT. 5. THE MANAGER, CORPORATE EDUCATIONAL AGENCY, KOTTAPPURAM, KODUNGALLUR-680 667. 6. THE HEADMASTER, ST.SEBASTIAN'S HIGHER SECONDARY SCHOOL, GOTHURUTH-683 523, ERNAKULAM DISTRICT. 7. SMT.A.J.SEENA, HIGH SCHOOL ASSISTANT (SOCIAL STUDIES) ST.SEBASTIAN'S HIGHER SECONDARY SCHOOL, GOTHURUTH-683 523, ERNAKULAM DISTRICT. BY G.P.SRI.DILIP MOHAN FOR R1 TO R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T. RAVIKUMAR, J. ---------------------------------------- WP (C) No. 20648 of 2010 ---------------------------------------- Dated this the 2nd day of July, 2010 J U D G M E N T ........................... The petitioner is presently working as High School Assistant (Mathematics) under the fifth respondent School. She commenced her continuous service in the said School from 14.11.1994 and in fact she commenced her service in the School from 16.09.1991. Pursuant to the staff fixation order for the year 2009-10 one post of HSA (Social Studies) was abolished. Consequently, the 7th respondent had faced the threat of retrenchment. Therefore, she took up the matter before the Deputy Director of Education, the third respondent. The 3rd respondent passed Exhibit P4 order purportedly invoking the power under Rule 12 E Chapter XIV A of the Kerala Education Rules. The specific contention of the petitioner is that the third respondent was 2 WP (C) No. 20648 of 2010 lacking the jurisdiction to invoke the power there under. That apart he has passed the said order without issuing notice to the petitioner. Consequently, the petitioner is facing the threat of deployment. 2. The contention of the petitioner is that the 7th respondent commenced her continuous service under the 5th respondent School only on 02.06.2008, therefore, for the purpose of retaining the 7th respondent, the 3rd respondent should not have passed Exhibit P4 order carrying such a detrimental impact on the petitioner that too, without affording an opportunity of being heard. Against Exhibit P4 order the petitioner has approached the 2nd respondent. However, the 2nd respondent confirmed Exhibit P4 order as per Exhibit P7. 3. Challenging Exhibits P4 and P7, the petitioner has approached the first respondent by filing revision petition under Rule 92 of Chapter XIV-A of the Kerala Education Rules. The said revision petition dated 23.05.2010 is still 3 WP (C) No. 20648 of 2010 pending. 4. In the circumstances, this writ petition is disposed of with a direction to the first respondent to consider and pass orders on Exhibit P8, expeditiously at any rate, within a period of three months from the date of receipt of a copy of this judgment with notice to the petitioner and also respondents 5 and 7. Considering the facts that Exhibit P4 order was passed without affording an opportunity of being heard to the petitioner and that the petitioner got continuous service since 14.11.94 whilst the 7th respondent got continuous service only with effect from 02.06.2008, there will be a further direction to the 3rd respondent to permit the petitioner to continue in the present School till a decision has been taken on Exhibit P8. C.T. RAVIKUMAR, JUDGE. rkc