IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 30TH MAY 2011 / 9TH JYAISHTA 1933 WP(C).No. 26447 of 2010(E) -------------------------- PETITIONER(S): --------------- BINU.V, S/O.K.C.VASUDEVAN PILLAI VRINDAVANAM, CHIRAKADAVU THEKKEKAVALA PO KOTTAYAM (PHYSICAL EDUCATION TEACHER & NCC OFFICER DEVASWOM BOARD,HIGH SCHOOL, KANGAZHA BY ADV. SRI.S.SUBHASH CHAND SRI.T.NIKLAVU RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATAION (K) GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM 2. THE DIRECTOR OF PUBLIC INSTRUCTION OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTION THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION PATHANAMTHITTA AT THIRUVALLA 4. THE DISTRICT EDUCATIONAL OFFICER OFFICE OF THE EDUCATIONAL OFFICER THIRUVALLA 5. THE CORPORATE MANAGER/SECRETARY TRAVANCORE DEVASWOM BOARD SCHOOLS DEVASWOM BUILDINGS, NANTHANCODE,THIRUVANANTHAPURAM ADV. SRI.K.N.VENUGOPALA PANICKER, SC, TDB FOR R5 GOVERNMENT PLEADER SHRI T.T.MUHAMOOD (SR.) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 26447 of 2010(E) APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE COPY OF THE ORDER DT.12/8/2009 ISSUED BY RESPONDENT NO.4 EXT.P2 TRUE COPY OF THE ORDER DT.25/1/10 PASSED BY RESPONDENT NO.3 EXT.P3 TRUE COPY OF THE GOVERNMENT ORDER BEARING GO (MS). NO.3/93/G.EDN., DT.4/1/93. EXT.P4 TRUE COPY OF THE ORDER DT.27/8/2006 ISSUED BY RESPONDENT NO.4 EXT.P5 TRUE COPY OF THE STATUTORY REVISION PETITION UNDER RULE 12E (1) DT.8/2/2010 SUBMITTED BY RESPONDENT NO.5 BEFORE RESPONDENT NO.2. EXT.P6 TRUE COPY OF THE REVISION PETITION DT.5/2/2010 SUBMITTED BY THE PETITIONER BEFORE RESPONDENT NO.2 EXT.P7 TRUE COPY OF THE ORDER DT.23/07/2010 PASSED BY RESPONDENT NO.1. RESPONDENTS' EXTS: NIL \\TRUE COPY// P.A TO JUDGE T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.26447/2010-E ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 30th day of May, 2011 J U D G M E N T The petitioner is aggrieved by Ext.P7 communication issued by the Government in reply to the representation filed by the petitioner as per Ext.P6 before the Director of Public Instruction. It is submitted by the learned counsel for the petitioner that actually the petitioner and the Manager were not heard by the Government before the communication of the decision as per Ext.P7. It is pointed out that the forwarding of the representation by the Director of Public Instruction to the Government was also not informed and even the revision petition filed by the Manager is pending before the Director of Public Instruction. 2. The petitioner is working as Physical Education Teacher and N.C.C Officer in Devaswom Board High School, Kangazha managed by the fifth respondent. The petitioner is the junior most Physical Education Teacher under the fifth respondent. A division fall W.P.(C). No.26447/2010 -:2:- occurred in the year 2009-10 as per Ext.P1 staff fixation order. 3. The same was challenged by the Management before the third respondent. It was rejected by Ext.P2 order. The petitioner is relying upon Ext.P3 Government Order wherein it is mentioned that Physical Education Teachers in the schools who are engaged to handle Physical Education classes for Stds.XI and XII in the Higher Secondary Schools will be paid special allowance of Rs.50/- per month and four periods in the Higher Secondary Classes will be reckoned for retaining the Physical Education Teacher during the staff fixation. 4. It is the case of the petitioner that the Higher Secondary School, Parumala is functioning in the very same compound of High School, and the Principal, DBHSS, Parumala has certified that the senior claimant was taking six periods of Physical Education classes to three batches of Plus-I and Plus-II in the higher secondary wing. W.P.(C). No.26447/2010 -:3:- 5. I am not going into the merits of the matter since Ext.P7 communication is issued without notice to the parties. Hence, Ext.P7 is quashed. There will be a direction to the Government to reconsider the matter after hearing the petitioner and the Manager or any other affected parties. Since the revision petition filed by the Manager against Ext.P2 order is pending before the Director of Public Instruction, the same can also be called for by the Government before a decision is taken in the above matter. Appropriate decision will be taken after hearing the parties within a period of three months. The effect of Exts.P3 and P4 will also be considered by the Government while passing the order. The petitioner will produce a copy of the writ petition along with a copy of the Judgment before the first respondent for compliance. The writ petition is disposed of as above. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms