IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 18TH AUGUST 2011 / 27TH SRAVANA 1933 WP(C).No. 22453 of 2011(F) -------------------------- PETITIONER(S): --------------- JIJILA VARGHESE,W/O.PLEASANT CHERIAN, AGED 30 YEARS,UPPER PRIMARY SCHOOL ASSISTANT M.K.M.U.P. SCHOOL,PORKULAM,KUNNAMKULAM, EDUCATIONAL SUB DISTRICT,THRISSUR DISTRICT. BY ADV. SRI.K.A.MANZOOR ALI RESPONDENT(S): --------------- 1. THE STATE OF KERALA,REP.BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT,SECRETARIAT,THIRUVANANTHAPURAM 695 001. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY,THIRUVANANTHAPURAM 695 014. 3. THE ASSISTANT EDUCATIONAL OFFICER, KUNNAMKULAM,THRISSUR DISTRICT 680 503. 4. THE MANAGER/RECEIVER,MALABAR INDEPENDENT SYRIAN CHURCH EDUCATIONAL SOCIETY,THOZHIYUR (VIA) KUNNAMKULAM,THRISSUR DISTRICT 680 520. 5. SMT.BINI T.LAZER,UPPER PRIMARY SCHOOL ASSISTANT, ST.GEORGE'S HIGH SCHOOL,THOZHIYUR (VIA) KUNNAMKULAM,THRISSUR DISTRICT 680 520. GOVERNMENT PLEADER, SHRI V.VIJULAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 22453 of 2011(F) APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE COPY OF THE LETTER NO.62117/B2/06/GE OF THE GOVERNMENT EXT.P2 TRUE COPY OF THE JUDGMENT IN WPC NO.16376/2007 EXT.P3 TRUE COPY OF THE ORDER OF APPOINTMENT AND APPROVAL THEREOF. EXT.P4 TRUE COPY OF THE APPOINTMENT ORDER OF THE FIFTH RESPONDENT AND THE APPROVAL THEREOF. EXT.P5 TRUE COPY OF THE STAFF LIST OF MKMUP SCHOOL. EXT.P6 TRUE COPY OF THE STAFF LIST OF ST.GEORGE'S HIGH SCHOOL. EXT.P7 TRUE COPY OF THE STATEMENT SUBMITTED BY THE PETITIONER. EXT.P8 TRUE COPY OF THE ORDER NO.3C5/3991/11/DPI/K.DIS OF THE SECOND RESPONDENT. EXT.P9 TRUE COPY OF THE REVISION PETITION FILED BEFORE THE GOVERNMENT EXT.P9(a)TRUE COPY OF THE STAY PETITION FILED ALONG WITH EXT.P9. EXT.P10 TRUE COPY OF THE CIRCULAR NO.13122/J2/11/G.EDN. OF THE GOVERNMENT. RESPONDENTS' EXTS: NIL \\TRUE COPY// P.A TO JUDGE T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.22453/2011-F ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 18 th day of August, 2011 J U D G M E N T The petitioner herein is seeking for a direction to the Government to take a decision on the revision petition filed under Rule 92 of Chapter XIV A Kerala Education Rules produced as Ext.P9. Along with Ext.P9, the petitioner has filed a petition for stay which is produced as Ext.P9(a). The revision petition relates to the challenge against Ext.P8 order passed by the Additional Director of Public Instruction. It is a case where the petitioner and the fifth respondent were appointed in the school from 01/06/2005 and with regard to the approval of appointment of the fifth respondent, the same was approved only from 02/06/2005. The files were dealt with by two different Officers within two different Educational Districts. That controversy is now resolved by the Additional Director of Public Instruction by Ext.P8 order. The petitioner is presently aggrieved by the said order. W.P.(C). No.22453/2011 -:2:- 2. The learned counsel for the petitioner submits that in Ext.P8, there is a direction to recover the excess salary from the petitioner and hence the Government may be directed to consider the revision petition and the stay petition expeditiously. The learned counsel for the petitioner prayed that till the stay petition is considered, a direction may be given not to implement Ext.P8 as against the petitioner. 3. The revision petition Ext.P9 will be disposed of by the Government after hearing the parties within a period of six months from the date of receipt of a copy of this Judgment. The stay petition, Ext.P9(a) will be disposed of within six weeks from today and till then, the implementation of Ext.P8 as far as the petitioner is concerned will be kept in abeyance. The writ petition is disposed of as above. No costs. The petitioner will produce a copy of the writ petition along with a certified copy of the Judgment before the first respondent for compliance. (T.R. Ramachandran Nair, Judge.) ms