IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 26TH NOVEMBER 2009 / 5TH AGRAHAYANA 1931 WP(C).No. 33010 of 2009(U) -------------------------- PETITIONER(S): --------------- T.K.BALAKUMAR, S/O.NARAYANAN, AGED 60 YEARS, MANAGER, ACKIPARAMBA U.P.SCHOOL, CHIRAVAKKU, TALIPARAMBA, KANNUR DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): --------------- 1. THE STATE OF KERALA REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, GOVERNMENT EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION JAGATHY, TRIVANDRUM -14. 3. THE ASSISTANT EDUCATIONAL OFFICER, TALIPARAMBA NORTH, KANNUR. 4. SMT.K.V.VASANTHA PRABHA, HEADMISTRESS (UNDER SUSPENSION) ACKIPARAMBA U.P.SCHOOL, CHIRAVAKKU, TALIPARAMBA, KANNUR DISTRICT. GOVERNMENT PLEADER, SHRI T.T.MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.33010/2009-U ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 26th day of November, 2009 J U D G M E N T The petitioner herein is the Manager of an Upper Primary School. The third respondent-Assistant Educational Officer issued staff fixation for the year 2008-09 granting, inter alia, 14 divisions. Later, a Super Check Cell from the Directorate of Public Instruction visited the school on the basis of a complaint regarding bogus admission and irregular fixation of staff for the academic year 2008-09 of the school and, ultimately, Ext.P1 order has been passed by the Director of Public Instruction resulting in retrenchment of one Smt.K.Rajitha, L.P.S.A of the school with effect from 15/07/2008. The petitioner had to place the fourth respondent under suspension, as per Ext.P3, due to the above controversies. The fourth respondent did not handover charge to the Headmaster-in- charge as per Ext.P4. The petitioner thereafter moved the Assistant Educational Officer to grant sanction to continue suspension of the fourth respondent beyond 15 days. The third respondent ordered reinstatement of the fourth respondent as per Ext.P6 order. Challenging the same, the petitioner has filed Ext.P7 statutory revision before the Government along with a petition for stay [Ext.P7(a)]. It W.P.(C). No.33010/2009 -:2:- is prayed that in the light of the fact that urgent orders are required, a direction may be issued to the first respondent to take a decision on Ext.P7 revision petition and on the stay petition, Ext.P7(a), within a time frame. 2. Heard the learned Government Pleader. It is submitted by the learned Government Pleader on instructions that the said revision petition and stay petition have already been received. 3. There will be a direction to the first respondent to take a decision on Ext.P7 within a period of four months from the date of receipt of a copy of this Judgment. Meanwhile the stay petition, Ext.P7(a), will be considered with notice to the fourth respondent within a period of three weeks. The petitioner will forward a copy of the Judgment along with a copy of the Writ Petition to the first respondent for compliance. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms