IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 12TH OCTOBER 2010 / 20TH ASWINA 1932 WP(C).No. 30892 of 2010(J) -------------------------- PETITIONER(S): --------------- K.B.BINITHA, UPSA, BALANUBODHINI UP SCHOOL, METHALA, KODUNGALLUR. BY ADV. SRI.M.SHAJU PURUSHOTHAMAN SRI.K.S.RAJESH RESPONDENT(S): --------------- 1. STATE OF KERALA, REP.BY THE SECRETARY, DEPARTMENT OF EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF PUBLIC INSTRUCTION, OFFICE OF THE DPI, THIRUVANANTHAPURAM. 3. THE ASSISTANT EDUCATIONAL OFFICER, OFFICE OF AEO, KODUNGALLUR. 4. THE MANAGER, BALANUBODHINI UP SCHOOL, KODUNGALLUR. BY G.P.SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------ W.P.(C).No.30892 OF 2010 ------------------------------ Dated this the 12th day of October, 2010 JUDGMENT As per Ext.P1 staff fixation order dated 31.8.2010, the petitioner, who was working as UPSA from 1.12.2002 was retrenched. As per Ext.P2 order dated 18.9.2010, issued by the Assistant Educational Officer, the petitioner was directed to repay the salary drawn by her for the period from 15.7.2009 to 31.7.2010. Challenging Ext.P1 staff fixation order and the recovery sought to be made from the petitioner, the petitioner filed Ext.P4 revision dated 28th September, 2010 before the Director of Public Instruction. 2. The reliefs prayed for by the petitioner in the Writ Petition are the following: “i) Issue a Writ of Mandamus directing the 2 nd respondent to consider and pass order on Exhibit P4 Revision filed by the petitioner against Exhibit P1 and P2 orders passed by the 3 rd respondent AEO as far as possible in the interest of justice. W.P.(C).No.30892 OF 2010 2 ii) Writ of Mandamus directing the 3 rd and 4 th respondents to permit the petitioner to continue in the post of UPSA in the 4 th respondent School till decision is taken on Ext.P4 Revision in the interest of justice. iii) Any other writ or order that this Hon.Court may deem fit.” 3. Learned counsel for the petitioner submitted that at present, it would be sufficient if Ext.P4 revision is directed to be considered and disposed of by the Director of Public Instruction, leaving open the other contentions of the petitioner. Accordingly, the Writ Petition is disposed of as follows: a) The Director of Public Instruction shall consider and dispose of Ext.P4 revision filed by the petitioner, as expeditiously as possible and at any rate within a period of three months from the date of receipt of a copy of the judgment, after affording an W.P.(C).No.30892 OF 2010 3 opportunity of being heard to the petitioner, the Manager and any other affected party. b) The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the Director of Public Instruction. c) Pending disposal of the revision, the recovery sought to be made from the petitioner, as per Ext.P2 shall be kept in abeyance. K.T.SANKARAN, JUDGE. cms