IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 1ST NOVEMBER 2010 / 10TH KARTHIKA 1932 WP(C).No. 32246 of 2010(E) -------------------------- PETITIONER(S): --------------- M.V.SUJATHA, W/O.RAMA PRASAD, AGED 36 YEARS, UPPER PRIMARY SCHOOL ASSISTANT, A A HIGH SCHOOL, KUTTANELLORE, THRISSUR (RESIDING AT MELETHIL HOUSE, NEAR SIVA TEMPLE, WADAKKANCHERRY-680 582. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA 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, THIRUVANANTHAPURAM-695 014. 3. THE DISTRICT EDUCATIONAL OFFICER, THRISSUR-680 001, THRISSUR DISTRICT. 4. THE MANAGER, A A HIGH SCHOOL, KUTTANELLORE-680 014, THRISSUR DISTRICT. GOVERNMENT PLEADE SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- W.P.(C).No.32246 of 2010 --------------------------------------------- Dated this the 1st day of November, 2010 JUDGMENT The petitioner was appointed as High School Assistant (Physical Science) with effect from 18.6.2004 in AA High School, Kuttanellore. In 2008-2009, the post of High School Assistant (Physical Science) was abolished owing to reduction of students' strength in the High School. The petitioner was shifted as UPSA, which was approved as per Exhibit P2 order. Pursuant to Exhibit P5 Staff Fixation Order for 2010-2011, Exhibit P6 order dated 30.9.2010 was passed by the Manager retrenching the petitioner from service with effect from 15.7.2010 for want of sanctioned post of UPSA. Challenging Exhibit P5 Staff Fixation Order, the petitioner filed Exhibit P7 revision under Rule 12 E(3) of Chapter XIVA of the Kerala Education Rules before the Director of Public Instruction. Exhibit P7 is pending disposal. 2. The only relief which is sought for by the petitioner is to direct the Director of Public Instruction to dispose of Exhibit P7 revision expeditiously. WPC No.32246/2010 2 3. In the facts and circumstances of the case, the Writ Petition is disposed of as follows : (i) The Director of Public Instruction (second respondent) shall consider and dispose of Exhibit P7 revision dated 4th October, 2010 filed by the petitioner, 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 petitioner, the Manager and any other affected party. (ii) The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the second respondent. (iii) The petitioner shall also send a copy of the Writ Petition and a copy of the judgment to the fourth respondent Manager by registered post and he shall produce proof of the same before the second respondent. K.T.SANKARAN JUDGE csl