IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 26TH MAY 2010 / 5TH JYAISHTA 1932 WP(C).No. 16085 of 2010(I) -------------------------- PETITIONER(S): --------------- SAKUNTHALA K.V., W/O. KUNHIKANNAN, AGED 53 YEARS, UPSA, M.M.U.P.SCHOOL, KUPPAM, TALIPARAMBA TALUK, KANNUR DISTRICT. BY ADV. SRI.V.T.MADHAVANUNNI RESPONDENT(S): --------------- 1. THE MANAGER, M.M.U.P.SCHOOL, KUPPAM, TALIPARAMBA, KANNUR DISTRICT. 2. THE DEPUTY DIRECTOR OF EDUCATION, KANNUR, KANNUR DISTRICT. GOVT.PLEADER SRI.DILIP MOHAN-R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO. 16085 OF 2010 -------------------------------------------- Dated this the 26th day of May, 2010 JUDGMENT The petitioner was appointed as Upper Primary School Assistant in M.M.U.P.School, Kuppam in Kannur District as per order dated 2.6.1982. The said appointment was approved and the petitioner has been continuing in service of the said school. In the meanwhile, as per Ext.P1 dated 29.9.2009, the first respondent directed the headmistress of the said school to change the petitioner from the category of U.P.S.A to L.P.S.A category. Though the order in Ext.P1 was taken in appeal before the District Educational Officer, the same was rejected and Ext.P1 order was upheld as per Ext.P2 dated 29.3.2010. Challenging Exts.P1 and P2, the petitioner approached this Court by filing W.P.(C).No.12216/2010. The said Writ Petition was disposed of as per Ext.P3 judgment relegating the petitioner to resort to the efficacious remedy available under the Kerala Education Rules. In terms of Ext.P3, the petitioner has preferred Ext.P4 appeal before the second respondent. Ext.P5 is the stay petition filed along with Ext.P4 appeal. So far, no orders have been passed thereon. It is in the said W.P.(C) NO.16085/2010 2 circumstances, that this Writ Petition has been filed. 2. Considering the fact that Ext.P4 appeal has been filed by the petitioner in terms of Ext.P3 judgment of this Court, the respondents are bound to consider and pass orders thereon expeditiously. Admittedly, the petitioner has filed Ext.P5 stay petition for staying the implementation of Ext.P1 order along with Ext.P4. In the circumstances, without making any observation as to the merits of the contentions raised by the petitioner, this Writ Petition is disposed of with a direction to the second respondent to consider and pass orders on Ext.P4 expeditiously, at any rate, within a period of two months from the date of receipt of a copy of this judgment with notice to the petitioner, the manager of the school and any other person who is likely to be affected in case of an order in favour of the petitioner. In the meanwhile, the second respondent shall take up Ext.P5 stay petition and pass orders thereon within one week from the date of receipt of a copy of this judgment. Till such time, the petitioner shall be permitted to continue in the post of U.P.S.A. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.16085/2010 3 C.T. RAVIKUMAR, J. W.P.(C). NO. 16085/2010 JUDGMENT 26th May, 2010