IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 4TH JUNE 2008 / 14TH JYAISHTA 1930 WP(C).No. 16262 of 2008(J) -------------------------------------- PETITIONER: ----------------- LEENA PHILIPS, W/O.GEORGE THARIYAN, PUTHEN PARAMBIL, KOTTAMURI P.O, CHANGANASSERY (UPSA, ST.JOHN'S HIGHERS SECONDARY SCHOOL, ERAVIPEROOR). BY ADV. SRI.S.SUBHASH CHAND RESPONDENTS: --------------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF PUBLIC INSTRUCTIONS, OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. DEPUTY DIRECTOR (EDUCATION), OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 4. DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, THIRUVALLA. 5. MANAGER, ST.JOHN'S HIGHER SECONDARY SCHOOL/ST.MARY'S UPPER PRIMARY GIRLS' SCHOOL/ ST.JOHN'S LOWER PRIMARY SCHOOL, ERAVIPEROOR P.O, THIRUVALLA, PATHANAMTHITTA. 6. SUJA PHILIP, HIGH SCHOOL ASSISTANT (ENGLISH), ST.JOHN'S HIGHER SECONDARY SCHOOL, ARAVIPEROOR P.O, THIRUVALLA, PATHANAMTHITTA. BY GOVERNMENT PLEADER SMT. T.B. REMANY, R1 TO 4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C) NO. 16262 OF 2008 ---------------------------------------- APPENDIX --------------- PETITIONER'S EXHIBITS: ---------------------------------- EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER DATED 1.6.1998 ISSUED BY RESPONDENT NO.5. EXHIBIT P2 TRUE COPY OF THE APPOINTMENT ORDER DATED 1.3.1999 ISSUED BY RESPONDENT NO.5. EXHIBIT P3 TRUE COPY OF THE APPOINTMENT ORDER DATED 5.6.2000 ISSUED BY RESPONDENT NO.5. EXHIBIT P4 TRUE COPY OF THE APPOINTMENT ORDER DATED 1.6.1998 ISSUED BY RESPONDENT NO.5 IN FAVOUR OF RESPONDENT NO.6. EXHIBIT P5 TRUE COPY OF THE APPOINTMENT ORDER DATED 5.6.2000 ISSUED BY RESPONDENT NO.5 IN FAVOUR OF RESPONDENT NO.6. EXHIBIT P6 TRUE COPY OF THE STAFF FIXATION ORDER NO.D.DIS/B5/4453/ 07 DATED 23.12.2007 ISSUED BY RESPONDENT NO.4 EXHIBIT P7 TRUE COPY OF THE G.O.(P) NO.4/05/G.EDN. DATED 4.1.2005. EXHIBIT P8 TRUE COPY OF THE PROCEEDINGS OF RESPONDENT NO.5 BEARING NO.207/2007-08 DATED 17.1.2008. EXHIBIT P9 TRUE COPY OF THE JUDGMENT DATED 6.2.2008 PASSED BY THIS HONOURABLE COURT IN W.P(C) NO.3583/2008-B. EXHIBIT P10 TRUE COPY OF THE ORDER BEARING NO.D.DIS/RA (1)/14804/08/ DPI DATED 4.4.2008 ISSUED BY RESPONDENT NO.2. EXHIBIT P11 TRUE COPY OF THE JUDGEMNT DATED 22.5.2008 PASSED BY THIS HONOURABLE COURT IN W.P(C) NO.13839/2008. EXHIBIT P12 TRUE COPY OF THE OBJECTION DATED 25.5.2008 SUBMITTED BY THE PETITIONER BEFORE RESPONDENT NO.1(EXCLUSING ANNEXURES). RESPONDENTS' EXHIBITS: NIL ------------------------------------- K.T. SANKARAN,J.. -------------------------------------- W.P.(C) No.16262 of 2008 -------------------------------------- Dated this the 4th day of June, 2008. J U D G M E N T The 6th respondent Smt. Suja Philip filed W.P.(C) No.13839/2008 which was disposed of by me as per Ext.P11 judgment dated 22.5.2008. That Writ Petition was disposed of directing the Government to dispose of the revision filed by Smt.Suja Philip within a period of three months, after affording an opportunity of being heard to Smt.Suja Philip as well as all the affected parties. There was also a direction to consider the stay petition filed by Smt.Suja Philip within a period of three weeks. On 22.4.2008, an interim order was passed by this Court in W.P.(C) No.13839/2008 and that interim order was continued to be in force for a period of three weeks. 2. The petitioner in the present Writ Petition, Smt.Leena Philips, was the 5th respondent in W.P.(C) No.13839/2008. The only relief which the petitioner seeks in this Writ Petition is that the first respondent may be directed to consider Ext.P12 objection dated 25.5.2008 filed by the petitioner WP(C) No.16262/2008 2 and also to afford an opportunity of personal hearing to the petitioner at the time when the stay petition filed by Smt.Suja Philip or the revision filed by Smt.Suja Philip is being considered. The relief prayed for is only just and reasonable. Accordingly, the Writ Petition is disposed of directing the first respondent to hear the petitioner, Smt.Leena Philips, at the time when the first respondent hears the stay petition or revision petition filed by Smt.Suja Philip. The first respondent shall also consider Ext.P12 objection submitted by the petitioner at the time of hearing of the stay petition and/or hearing the revision petition filed by Smt.Suja Philip. The petitioner shall also be afforded an opportunity of being heard by the first respondent. K.T. SANKARAN, JUDGE. cks