IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 9TH JANUARY 2009 / 19TH POUSHA 1930 WP(C).No. 817 of 2009(V) ------------------------ PETITIONERS: --------------- 1. NITHA JOSE W/O.JOY RAPHEL, 31 YEARS HIGH SCHOOL ASSISTANT(ENGLISH) HIGH SCHOOL, THIRUVALAYANNUR, KALLUR-VADAKKEKAD, THRISSUR, 2. S.A.SRIJA, D/O.S.M.ANANDAN, 24 YEARS HIGH SCHOOL ASSISTANT(ENGLISH),HIGH SCHOOL THIRUVALAYANNUR, KALLUR-VADAKKEKAD, THRISSUR. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENTS: --------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT SECRETARIAT, TRIVANDRUM. 2. DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, TRIVANDRUM-14. 3. DEPUTY DIRECTOR OF EDUCATION AYYANTHOLE, THRISSUR. 4. DISTRICT EDUCATIONAL OFFICER CHAVAKKAD, THRISSUR. 5. MANAGER, HIGH SCHOOL, THIRUVALAYANNUR, KALLUR-VADAKKEKKAD, THRISSUR. BY GOVT. PLEADER SHRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 817 of 2009(V) : 2 : APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1: TRUE COPY OF THE APPOINTMENT ORDER OF THE 1ST PETITIONER DATED 14.6.2007 EXHIBIT P2: TRUE COPY OF THE APPOINTMENT ORDER OF THE 2ND PETITIONER'S DATED 4.7.2007 EXHIBIT P3: TRUE COPY OF THE ORDER NO.B5/75/08/K.DIS. OF THE DIST. EDL. OFFICER (1ST PET.) DATED 15.2.2008. EXHIBIT P4: TRUE COPY OF THE ORDER NO.B5/76/08/K.DIS. OF THE DIST. EDL. OFFICER (2ND PET.) DATED 15.2.2008. EXHIBIT P5: TRUE COPY OF THE ORDER NO.B4/5313/08/L.DIS. OF THE DEPUTY DIRECTOR (1ST PET.) DATED 22.8.2008 EXHIBIT P6: TRUE COPY OF THE ORDER NO.B4-5316/08/K.DIS. OF THE DEPUTY DIRECTOR (2ND PET.) DATED 7.8.2008. EXHIBIT P7: TRUE COPY OF THE REVISION PETITON FILED BEFORE THE GOVERNMENT (1ST PET.) DATED 19.12.2008 EXHIBIT P8: TRUE COPY OF THE REVISION PETITON FILED BEFORE THE GOVERNMENT (2ND PET.) DATED 17.12.2008 EXHIBIT P9: TRUE COPY OF THE G.O(P)No.317/05/G.EDN. OF THE GOVERNMENT. DATED 17.8.2005 EXHIBIT P10: TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.P(C)NO.30657/2005-V DATED 4.1.2006 EXHIBIT P11: TRUE COPY OF THE G.O(RT)NO.886/2008/G.EDN. OF THE GOVERNMENT DATED 16.2.2008 //TRUE COPY// PA TO JUDGE K.T.SANKARAN, J. ---------------------------------------------- W.P(C) No.817 of 2009-V --------------------------------------------- Dated this the 9th January, 2009. J U D G E M E N T The petitioners were appointed as High School Assistants in English in High School, Thiruvalayannur in Thrissur District, from 4.6.2007 and 4.7.2007 respectively in anticipation of sanction of additional posts. The District Educational Officer declined the approval as per Exts.P3 and P4. The Manager challenged Exts.P3 and P4 in appeal before the Deputy Director, which were rejected as per Exts.P5 and P6. Challenging Exts.P5 and P6 orders, the petitioners have filed Exts.P7 and P8 revisions respectively, before the Government. The revision petitions are pending disposal. The reliefs prayed for in the Writ Petition are the following: “i) call for the records relating to Exhibits P3, P4, P5 and P6 and para VI of Exhibit P9 and quash the originals of the same by the issue of a writ of certiorari or other appropriate writ or order. ii) issue a writ of mandamus or other appropriate writ, order or direction commanding 4th respondent to issue staff fixation orders in respect of High School, Thiruvalayannur for 2007-08 and 2008-09 in terms of the statutory provisions contained in the Kerala Education Rules in par with pupils strength and accommodation and take up Exhibits P1 and P2 for approval accordingly. iii) issue a writ of mandamus or other appropriate writ, order or direction commanding the 1st respondent to effectively consider and pass appropriate orders upon Exhibits P7 and P8 after affording an opportunity of being heard to the Petitioners within a time limit. W.P(C) No.817 of 2009-V 2 iv) pass such other order or direction which this Hon'ble Court may deem fit and proper to grant in the circumstances of the case.” 2. The learned counsel for the petitioner submits that at present the petitioners confine their relief to relief No.3. The learned Government Pleader submitted that Exts.P7 and P8 revisions would be disposed of expeditiously. 3. In the facts and circumstances of the case the Writ Petition is disposed of as follows: i) The first respondent shall consider and dispose of Exts.P7 and P8 revisions after affording an opportunity of being heard to the petitioners as expeditiously as possible, at any rate within a period of two months from the date of receipt of a copy of the judgment. ii) The petitioners shall produce a copy of the Writ Petition and certified copy of the judgment before the first respondent. iii) The petitioners shall send a copy of the writ petition and a copy of the judgment to the 5th respondent by registered post and shall produce proof of the same before the 1st respondent. K.T.SANKARAN, JUDGE ab