IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 23RD DECEMBER 2009 / 2ND POUSHA 1931 WP(C).No. 37438 of 2009(Y) -------------------------- PETITIONER(S): --------------- ANITHA KUMARI AMMA G., W/O.RADHAKRISHNA PILLAI K., KOMACHU VEETTIL, MANNAR P.O., ALAPPUZHA (UPSA, KARAYOGAM U.P SCHOOL, PAVUKKARA, MANNAR) BY ADV. SRI.S.SUBHASH CHAND SMT.M.P.MARY RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF PUBLIC INSTRUCTION, OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM 3. THE DEPUTY DIRECTOR (EDUCATION), OFFICE OF THE DEPUTY DIRECTOR (EDUCATION), ALAPPUZHA. 4. THE ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, CHENGANNUR. 5. THE MANAGER, KARAYOGAM U.P SCHOOL, PAVUKKARA, MANNAR P.O, ALAPPUZHA. 6. ASHA P., LAKSHMI VILAS, MANNAR P.O., ALAPPUZHA (PRIMARY SCHOOL ASSISTANT, KARAYOGAM U.P SCHOOL, MANNAR.) SENIOR GOVERNMENT PLEADER, SHRI MUHAMOOD T.T THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.37438 of 2009-Y - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of December, 2009. JUDGMENT The petitioner herein is working as UPSA in the school managed by the 5th respondent. As per Ext.P10 order, the Joint Director of Public Instruction directed that the petitioner shall be retrenched forthwith and excess payment made shall be recouped from the persons responsible for irregular retention of the petitioner in the school with effect from 15.7.2008. This order was passed in a revision petition filed by the petitioner. Aggrieved by Ext.P10, the petitioner has filed Ext.P11 revision petition before the Government along with a stay petition. The apprehension expressed by the petitioner is that if the order is implemented before the disposal of the revision petition, that may cause hardship to the petitioner. 2. There will be a direction to the first respondent to take a decision on the stay petition, if the same has been received and is pending, within a period of three weeks from today. Till then, Ext.P10 will not be implemented. The drawal of salary will be subject to further orders to be passed by the Government. The petitioner will produce a copy of the writ petition along with a copy of the judgment before the first respondent for wpc 37438/2009 2 compliance. The writ petition is disposed of as above. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) kav/ \\True copy// P.A to Judge