IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 23RD JUNE 2009 / 2ND ASHADHA 1931 WP(C).No. 17407 of 2009(U) -------------------------- PETITIONER(S): --------------- P.K.JAYAMOLE, HIGH SCHOOL ASSISTANT (PHYSICAL SCIENCE), PANCHAYAT HIGH SCHOOL, VANDIPERIYAR GRAMA PANCHAYAT, VANDIPERIYAR. BY ADV. SRI.M.V.BOSE SRI.VINOD MADHAVAN SMT.NISHA BOSE RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. THE DISTRICT EDUCATIONAL OFFICER, KATTAPPANA, IDUKKI. 4. THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, IDUKKI, KATTAPPANA. 5. THE MANAGER, PANCHAYAT HIGH SCHOOL, VANDIPERIYAR GRAMA PANCHAYAT, IDUKKI DISTRICT. 6. SHRI. RAJASEKHARAN C., HIGH SCHOOL ASSISTANT (PHYSICAL SCIENCE), PANCHAYAT HIGH SCHOOL, VANDIPERIYAR, IDUKKI DIST. SENIOR GOVERNMENT PLEADER, SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 17407 of 2009-U - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of June, 2009. JUDGMENT The petitioner herein is aggrieved by the delay in disposal of Ext.P8 which is an appeal filed by her before the second respondent. The petitioner is working as a High School Assistant in Panchayat High School, Vandiperiyar. She was advised by the Public Service Commission for such appointment, as per Ext.P1. The petitioner's service was ordered to be terminated as per Ext.P3 for want of sufficient periods. This was based on the staff fixation order dated 29.8.2008. Later, the petitioner approached the Government by filing Ext.P5 revision. Again, she approached this court by filing Writ Petition No.29733/2008. It was observed by this court that the remedy was by filing an appeal under Rule 38 of the Chapter XIV-A K.E.R. and not by way of filing a representation before the Government. Ext.P7 is the copy of the said judgment. Thereafter, the petitioner filed an appeal before the Director of Public Instruction as per Ext.P8. Meanwhile, the District Educational Officer passed an order on 31.12.2008 as per Ext.P9, directing to accommodate the petitioner during the year 2008-09 extending the benefit of 1 : 40 ratio. Accordingly, the petitioner was appointed as per Ext.P10. wpc 17407/2009 2 2. The petitioner is relying upon Rule 27(c) of KS & SSR to sustain the contention that she is not liable to be terminated from service. The apprehension expressed by the petitioner herein is that the staff fixation for the current year is due and therefore unless the appeal is disposed of prior to the issuance of the same, again she may be visited with another order of termination. 3. In view of the urgency pleaded by the petitioner, there will be a direction to the second respondent to take a decision on Ext.P8 within a period of one month from the date of receipt of a copy of this judgment, after hearing the petitioner and the Manager. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/