IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 1ST APRIL 2009 / 11TH CHAITHRA 1931 WP(C).No. 10649 of 2009(A) -------------------------- PETITIONER(S): --------------- K.M.SYAMALAVALLY, W/O.T.V.SAGEER, AGED 45 YEARS, JUNIOR SANSKRIT TEACHER, A.U.P.SCHOOL, KANNARA, THRISSUR 680 652. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): --------------- 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, TRIVANDRUM-14. 3. THE ASSISTANT EDUCATIONAL OFFICER THRISSUR EAST, PALACE ROAD, THRISSUR-20. 4. THE MANAGER, A.U.P.SCHOOL, KANNARA, THRISSUR 680 652. 5. THE HEADMASTER, A.U.P.SCHOOL, KANNARA, THRISSUR 680 652. BY SENIOR GOVERNMENT PLEADER SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------- W.P(C) No. 10649 of 2009 -A ------------------------------ Dated this the 1st day of April, 2009. J U D G M E N T Heard Sri.V.A.Muhammed, the learned counsel appearing for the petitioner and Sri.A.J.Varghese, the learned Government Pleader appearing for respondents 1 to 3. In the nature of order that I propose to pass, it is not necessary to issue notice to or hear respondents 4 and 5. 2. The petitioner was initially appointed as Part time Sanskrit teacher in the fourth respondent's school during the period from 6.11.2000 to 30.3.2001. She was again appointed during the period from 6.6.2001 to 6.7.2001. Both these appointments were approved by the Assistant Educational Officer. Thereafter, the petitioner was regularly appointed as Part time Sanskrit teacher by Ext.P3 order dated 2.6.2003. That appointment was also approved. By Ext.P6 staff fixation order for the academic year 2008-09, the post of Part-time Sanskrit teacher was abolished and the petitioner was retrenched from service. Aggrieved by the staff fixation order, abolishing the post of Part time Sanskrit teacher, the petitioner moved the Director of Public Instruction in revision. Thereafter she W.P(C) No. 10649 of 2009 -A 2 filed W.P(C) No.27076 of 2008 in this Court. By Ext.P8 judgment delivered on 5.9.2008, this Court directed the Director of Public Instruction to pass orders on the revision petition after notice to and affording the petitioner, the Headmaster and the Manager of the school a reasonable opportunity of being heard. The Director thereupon issued Ext.P9 order dated 9.2.2009 rejecting the revision petition. Aggrieved by Ext.P9 the petitioner has filed Ext.P10 revision petition before the Government invoking the power of the Government under Rule 12E(3) of Chapter XXIII of the KER. In this writ petition the petitioner challenges Exts.P6 and P9 and also seeks a direction to the State Government to consider Ext.P10 revision petition and pass orders thereon after affording her an opportunity of being heard, within a time limit to be fixed by this Court. 3. Rule 12E(3) of Chapter XXIII of the KER empowers the State Government to revise staff fixation orders. The post of Part- time Sanskrit teacher against which the petitioner was appointed by Ext.P3 order, was abolished by Ext.P6 staff fixation order for the academic year 2008-09. Since the petitioner has already invoked the revisional jurisdiction of the Government, I am of the opinion that the petitioner should pursue the same instead of challenging W.P(C) No. 10649 of 2009 -A 3 Exts.P6 and P9 in this Court. Accordingly, I dispose of this writ petition with a direction to the Government to consider Ext.P10 revision petition and pass orders thereon after notice to and affording the petitioner and respondents 4 and 5 a reasonable opportunity of being heard. Final orders in the matter shall be passed within four months from the date on which the petitioner produces a copy of this judgment along with a copy of the writ petition before the Secretary to Government, General Education Department. The writ petition is disposed of as above. Sd/- P.N.RAVINDRAN JUDGE //True Copy// PA to Judge ab W.P(C) No. 10649 of 2009 -A 4