IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 28TH OCTOBER 2010 / 6TH KARTHIKA 1932 WP(C).No. 30555 of 2010(T) -------------------------- PETITIONER(S): ---------------------- 1. THE MANAGER, A G M A U P SCHOOL, KOTAMBU, CHITTUR, PALAKKAD DISTRICT 2. K.ANJALI, W/O.MURUKANAND P.M., AGED 35 YEARS, UPPER PRIMARY SCHOOL ASSISTANT, A G M A U P SCHOOL, KOTAMBU, CHITTUR, PALAKKAD DISTRICT 3. VIDYA B NAIR, UPPER PRIMARY SCHOOL ASSISTANT A G M A U P SCHOOL, KOTAMBU, CHITTUR, PALAKKAD 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, GOVERNMENT SECRETARIAT,TRIVANDRUM-1 2. THE DIRECTOR OF PUBLIC INSTRUCTION JAGATHI, THIRUVANANTHAPURAM-14. 3. THE DEPUTY DIRECTOR OF EDUCATION, CIVIL STATION, PALAKKAD DISTRICT-678014 4. THE ASSISTANT EDUCATIONAL OFFICER, CHITTUR-678101,PALAKKAD DISTRICT. 5. SMT.JAYASREE V.MENON, LOWER PRIMARY SCHOOL ASSISTANT, A G M A U P SCHOOL,KOTAMBU-678551,PALAKKAD DIST 6. SMT.K.G.PRIYA, LOWER PRIMARY SCHOOL ASSISTANT, A G M A U P SCHOOL, KOTAMBU – 678551, PALAKKAD DISTRICT. ADV. SRI.RAJESH SIVARAMANKUTTY FOR R5&6 GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jvt K.T.SANKARAN, J. ------------------------------ W.P.(C).No.30555 OF 2010 ------------------------------ Dated this the 28th day of October, 2010 JUDGMENT The first petitioner is the Manager of A.G.M.A.U.P. School, Kotamb, in Chittur Educational Sub District. Petitioners 2 and 3 are U.P School Assistants in the school, while, respondents 5 and 6 are working as L.P.S.As in the school. Ext.P3 staff fixation order for the year 2009-2010 was challenged before the Deputy Director of Education, who passed Ext.P4 order dated 30.7.2010. The Manager as well as second and third petitioners are aggrieved by Ext.P4 order. Challenging Ext.P4 order, the Manager filed Ext.P5 revision before the Director of Public Instruction. Ext.P5 is pending disposal. Ext.P5(a) staff fixation order for the year 2010-2011 was challenged by the Manager in Ext.P5(b) revision before the Director of Public Instruction. Ext.P5(b) revision is also pending. W.P.(C).No.30555 OF 2010 2 2. The reliefs prayed for by the petitioners in the Writ Petition are the following: “(i) call for the records relating to Exts.P4 and P5(a) and quash the originals of the same to the extent it orders retrenchment taking the School as a single unit and to accommodate the 2nd petitioner against the post sanctioned against 1:40 teacher student ratio 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 2nd respondent Director of Public Instruction to effectively consider and pass appropriate orders upon Exts.P5 and P5(b) revision after affording an opportunity of being heard to the Petitioners within a time limit taking into account Exts.P6 and P7 judgments and Exts.P8, P9 and P10 Government Orders.” 3. Learned counsel for the petitioners submitted that at present it is sufficient, if Exts.P5 and P5(b) revisions pending before the Director of Public Instruction are directed to be disposed of expeditiously. In the facts and circumstances of the case, the Writ Petition is disposed of as follows: W.P.(C).No.30555 OF 2010 3 a) The Director of Public Instruction shall consider and dispose of Ext.P5 revision dated 19th August, 2010 and Ext.P5 (b) revision dated 23rd September, 2010 as expeditiously as possible, and at any rate within a period of two months from the date of receipt of a copy of the judgment, after affording an opportunity of being heard to the petitioners, respondents 5 and 6 and any other affected party. b) The petitioners shall produce before the Director of Public Instruction, a copy of the Writ Petition and certified copy of the judgment. K.T.SANKARAN, JUDGE. cms