IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 20TH NOVEMBER 2009 / 29TH KARTHIKA 1931 WP(C).No. 28726 of 2009(I) ---------------------------------------- PETITIONER(S): ------------------------- NEETHA MOLE.E.T., AGED 40 YEARS, W/O.K.A.JAYADEV, EDAKKATTUKUDI, NERIYAMANGALAM COLONY, NERIYAMANGALAM, KOTHAMANGALAM. NOW WORKING AS COOK, GOVERNMENT VOCATIONAL HIGHER SECONDARY SCHOOL, NERIYAMANGALAM, KOTHAMANGALAM. BY ADV. MR.PEEYUS A.KOTTAM RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF EDUCATION, GOVERNMENT SECRETARIAT, TRIVANDRUM-695 001. 2. DEPUTY DISTRICT EDUCATIONAL OFFICER, KOTHAMANGALAM. 3. THE PRINCIPAL, GOVERNMENT VOCATIONAL HIGHER SECONDARY SCHOOL, NERIYA MANGALAM, KOTHAMANGALAM. R1 & R2 BY GOVERNMENT PLEADER MR. DILIP MOHAN R3 BY ADV. MR.JOBI JOSE KONDODY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.28726/2009 I APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF ORDER NO.F-3671/09DTD. 24/09/2009 ISSUED BY 2ND RESPONDENT. P2: COPY OF REPRESENTATION DTD. 03/10/2009 SUBMITTED BY PETITIONER BEFORE 3RD RESPONDENT. RESPONDENT'S EXHIBITS: R3(A): COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER'S HUSBAND DTD. 20/05/2009 FOR OBTAINING TRANSFER CERTIFICATE OF HIS SON FROM THE 3RD RESPONDENT SCHOOL TO LFHS, OONNUKALLU. R3(B): COPY OF THE NOTICE DTD. 05/06/2009 CALLING FOR THE MEETING OF THE MOTHERS OF THE STUDENTS STUDYING IN THE SCHOOL. R3(C): COPY OF THE COMPLAINT DTD. 23/06/2009 FILED BY THE PETITIONER BEFORE THE DEPUTY DIRECTOR, ERNAKULAM. R3(D): COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE ASSISTANT EDUCATIONAL OFFICER DTD. 30/06/2009. R3(E): COPY OF THE REPORT SUBMITTED BY THE 3RD RESPONDENT DTD. 22/07/2009 BEFORE THE AEO, KOTHAMANGALAM. R3(F): COPY OF THE NOTICE DTD. 17/08/2009 ISSUED BY THE AEO TO THE 3RD RESPONDENT. R3(G): COPY OF THE ORDER VIDE NO.F-3571/09 DTD. 24/09/2009 PASSED BY THE AEO, KOTHAMANGALAM. R3(H): COPY OF THE REVIEW PETITION FILED BY THE 3RD RESPONDENT DTD. 12/10/2009 SEEKING REVIEW OF EXHIBIT R3(G) ORDER. R3(I): COPY OF THE PETITION DTD. 08/10/2009 FILED BY THE PRESIDENT, PARENT TEACHERS ASSOCIATON, GVHSS, NERIYAMANGALAM. /TRUE COPY/ P.S.TO JUDGE Kss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.28726 of 2009-I - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of November, 2009. JUDGMENT Heard learned counsel for the petitioner and learned counsel appearing for the third respondent. 2. The writ petition is filed by the petitioner seeking implementation of Ext.P1 order, wherein the second respondent directed re-engagement of the petitioner as Mid-day Meal Cook. 3. In the counter affidavit filed on behalf of the third respondent, it is stated that the petitioner never turned upon for performing her duties on the reopening of the school on 1.6.2009. Therefore, he had to make other arrangements in terms of the decision taken by the Parent Teacher Association. It is the case of the third respondent in para 4 of the counter affidavit that the committee consisting of the President of the P.T.A. enquired in the locality of the petitioner and found that she had shifted her residence from Neriyamangalam to Oonnukallu which is more than 12 kilometers away from the school. Various details have been stated in the counter affidavit to show that there had not been any denial of employment by the PTA. It is stated that actually they had to seek alternate arrangement wpc 28726/2009 2 for preparing food for the students in view of the unauthorised absence of the petitioner. It is also averred that the Asst. Educational Officer did not hear the necessary parties including the third respondent for issuing the order Ext.P1. It is also the case of the third respondent that by Ext.R3(i), the second respondent has been appraised of the matter and a modification has been sought for. Learned counsel for the petitioner also submitted that the said representation may be directed to be disposed of. 4. This Court, by an interim order dated 29.10.2009 directed the third respondent to see that the petitioner is re-engaged in terms of Ext.P1 order, within a period of two weeks. In the light of the averments contained in the counter affidavit, the said interim order is vacated. There will be a direction to the second respondent to take a decision on Ext.R3(i), after hearing the petitioner, the office bearers of the PTA and the Principal of the school, within a period of six weeks from the date of receipt of a copy of this judgment. The implementation of Ext.P1 will be kept in abeyance till orders are passed in the matter. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/